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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Military Reservist Tax Credit Act''. SEC. 2. CREDIT FOR INCOME DIFFERENTIAL FOR EMPLOYMENT OF ACTIVATED MILITARY RESERVIST AND REPLACEMENT PERSONNEL. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: ``SEC. 30B. EMPLOYER WAGE CREDIT FOR ACTIVATED MILITARY RESERVISTS. ``(a) General Rule.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(1) in the case of a small business employer, the employment credit with respect to all qualified employees and qualified replacement employees of the taxpayer, plus ``(2) the self-employment credit of a qualified self- employed taxpayer. ``(b) Employment Credit.--For purposes of this section-- ``(1) Qualified employees.-- ``(A) In general.--The employment credit with respect to a qualified employee of the taxpayer for any taxable year is equal to 50 percent of the lesser of-- ``(i) the excess, if any, of-- ``(I) the qualified employee's average daily qualified compensation for the taxable year, over ``(II) the average daily military pay and allowances received by the qualified employee during the taxable year, while participating in qualified reserve component duty to the exclusion of the qualified employee's normal employment duties for the number of days the qualified employee participates in qualified reserve component duty during the taxable year, including time spent in a travel status, or ``(ii) $30,000. The employment credit, with respect to all qualified employees, is equal to the sum of the employment credits for each qualified employee under this subsection. ``(B) Average daily qualified compensation and average daily military pay and allowances.--As used with respect to a qualified employee-- ``(i) the term `average daily qualified compensation' means the qualified compensation of the qualified employee for the taxable year divided by the difference between-- ``(I) 365, and ``(II) the number of days the qualified employee participates in qualified reserve component duty during the taxable year, including time spent in a travel status, and ``(ii) the term `average daily military pay and allowances' means-- ``(I) the amount paid to the qualified employee during the taxable year as military pay and allowances on account of the qualified employee's participation in qualified reserve component duty, divided by ``(II) the total number of days the qualified employee participates in qualified reserve component duty, including time spent in travel status. ``(C) Qualified compensation.--When used with respect to the compensation paid or that would have been paid to a qualified employee for any period during which the qualified employee participates in qualified reserve component duty, the term `qualified compensation' means-- ``(i) compensation which is normally contingent on the qualified employee's presence for work and which would be deductible from the taxpayer's gross income under section 162(a)(1) if the qualified employee were present and receiving such compensation, ``(ii) compensation which is not characterized by the taxpayer as vacation or holiday pay, or as sick leave or pay, or as any other form of pay for a nonspecific leave of absence, and with respect to which the number of days the qualified employee participates in qualified reserve component duty does not result in any reduction in the amount of vacation time, sick leave, or other nonspecific leave previously credited to or earned by the qualified employee, and ``(iii) group health plan costs (if any) with respect to the qualified employee. ``(D) Qualified employee.--The term `qualified employee' means a person who-- ``(i) has been an employee of the taxpayer for the 91-day period immediately preceding the period during which the employee participates in qualified reserve component duty, and ``(ii) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States as defined in sections 10142 and 10101 of title 10, United States Code. ``(2) Qualified replacement employees.-- ``(A) In general.--The employment credit with respect to a qualified replacement employee of the taxpayer for any taxable year is equal to 50 percent of the lesser of-- ``(i) the individual's qualified compensation attributable to service rendered as a qualified replacement employee, or ``(ii) $12,000. The employment credit, with respect to all qualified replacement employees, is equal to the sum of the employment credits for each qualified replacement employee under this subsection. ``(B) Qualified compensation.--When used with respect to the compensation paid to a qualified replacement employee, the term `qualified compensation' means-- ``(i) compensation which is normally contingent on the qualified replacement employee's presence for work and which is deductible from the taxpayer's gross income under section 162(a)(1), ``(ii) compensation which is not characterized by the taxpayer as vacation or holiday pay, or as sick leave or pay, or as any other form of pay for a nonspecific leave of absence, and ``(iii) group health plan costs (if any) with respect to the qualified replacement employee. ``(C) Qualified replacement employee.--The term `qualified replacement employee' means an individual who is hired to replace a qualified employee or a qualified self-employed taxpayer, but only with respect to the period during which such employee or taxpayer participates in qualified reserve component duty, including time spent in travel status. ``(c) Self-Employment Credit.--For purposes of this section-- ``(1) In general.--The self-employment credit of a qualified self-employed taxpayer for any taxable year is equal to 50 percent of the lesser of-- ``(A) the excess, if any, of-- ``(i) the self-employed taxpayer's average daily self-employment income for the taxable year over ``(ii) the average daily military pay and allowances received by the taxpayer during the taxable year, while participating in qualified reserve component duty to the exclusion of the taxpayer's normal self-employment duties for the number of days the taxpayer participates in qualified reserve component duty during the taxable year, including time spent in a travel status, or ``(B) $30,000. ``(2) Average daily self-employment income and average daily military pay and allowances.--As used with respect to a self-employed taxpayer-- ``(A) the term `average daily self-employment income' means the self-employment income (as defined in section 1402(b)) of the taxpayer for the taxable year plus the amount paid for insurance which constitutes medical care for the taxpayer for such year (within the meaning of section 162(l)) divided by the difference between-- ``(i) 365, and ``(ii) the number of days the taxpayer participates in qualified reserve component duty during the taxable year, including time spent in a travel status, and ``(B) the term `average daily military pay and allowances' means-- ``(i) the amount paid to the taxpayer during the taxable year as military pay and allowances on account of the taxpayer's participation in qualified reserve component duty, divided by ``(ii) the total number of days the taxpayer participates in qualified reserve component duty, including time spent in travel status. ``(3) Qualified self-employed taxpayer.--The term `qualified self-employed taxpayer' means a taxpayer who-- ``(A) has net earnings from self-employment (as defined in section 1402(a)) for the taxable year, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States. ``(d) Credit in Addition to Deduction.--The employment credit or the self-employment credit provided in this section is in addition to any deduction otherwise allowable with respect to compensation actually paid to a qualified employee, qualified replacement employee, or qualified self-employed taxpayer during any period the qualified employee or qualified self-employed taxpayer participates in qualified reserve component duty to the exclusion of normal employment duties. ``(e) Coordination With Other Credits.--The amount of credit otherwise allowable under sections 51(a) and 1396(a) with respect to any employee shall be reduced by the credit allowed by this section with respect to such employee. ``(f) Limitations.-- ``(1) Application with other credits.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 29, and 30, over ``(B) the tentative minimum tax for the taxable year. ``(2) Disallowance for failure to comply with employment or reemployment rights of members of the reserve components of the armed forces of the united states.--No credit shall be allowed under subsection (a) to a taxpayer for-- ``(A) any taxable year, beginning after the date of the enactment of this section, in which the taxpayer is under a final order, judgment, or other process issued or required by a district court of the United States under section 4323 of title 38 of the United States Code with respect to a violation of chapter 43 of such title, and ``(B) the 2 succeeding taxable years. ``(3) Disallowance with respect to persons ordered to active duty for training.--No credit shall be allowed under subsection (a) to a taxpayer with respect to any period by taking into account any person who is called or ordered to active duty for any of the following types of duty: ``(A) Active duty for training under any provision of title 10, United States Code. ``(B) Training at encampments, maneuvers, outdoor target practice, or other exercises under chapter 5 of title 32, United States Code. ``(C) Full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code. ``(g) General Definitions and Special Rules.--For purposes of this section-- ``(1) Small business employer.-- ``(A) In general.--The term `small business employer' means, with respect to any taxable year, any employer who employed an average of 50 or fewer employees on business days during such taxable year. ``(B) Controlled groups.--For purposes of subparagraph (A), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer. ``(2) Military pay and allowances.--The term `military pay' means pay as that term is defined in section 101(21) of title 37, United States Code, and the term `allowances' means the allowances payable to a member of the Armed Forces of the United States under chapter 7 of that title. ``(3) Qualified reserve component duty.--The term `qualified reserve component duty' includes only active duty performed, as designated in the reservist's military orders, in support of a contingency operation as defined in section 101(a)(13) of title 10, United States Code. ``(4) Special rules for certain manufacturers.-- ``(A) In general.--In the case of any qualified manufacturer-- ``(i) subsections (b)(1)(A)(ii) and (c)(1)(B) shall be applied by substituting `$40,000' for `$30,000', ``(ii) subsection (b)(2)(A)(ii) shall be applied by substituting `$20,000' for `$12,000', and ``(iii) paragraph (1)(A) of this subsection shall be applied by substituting `100' for `50'. ``(B) Qualified manufacturer.--For purposes of this paragraph, the term `qualified manufacturer' means any person if-- ``(i) the primary business of such person is classified in sector 31, 32, or 33 of the North American Industrial Classification System, and ``(ii) all of such person's facilities which are used for production in such business are located in the United States. ``(5) Carryback and carryforward allowed.-- ``(A) In general.--If the credit allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (f)(1) for such taxable year (in this paragraph referred to as the `unused credit year'), such excess shall be a credit carryback to each of the 3 taxable years preceding the unused credit year and a credit carryforward to each of the 20 taxable years following the unused credit year. ``(B) Rules.--Rules similar to the rules of section 39 shall apply with respect to the credit carryback and credit carryforward under subparagraph (A). ``(6) Certain rules to apply.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply.''. (b) Conforming Amendment.--Section 55(c)(2) of the Internal Revenue Code of 1986 is amended by inserting ``30B(f)(1),'' after ``30(b)(3),''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end of 30A the following new item: ``Sec. 30B. Employer wage credit for activated military reservists''. (d) Effective Date; Special Rule.-- (1) Effective date.--The amendments made by this section shall apply to amounts paid after September 11, 2001, in taxable years ending after such date. (2) Waiver of limitations.--If refund or credit of any overpayment of tax resulting from the amendments made by this section is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period.

Small Business Military Reservist Tax Credit Act - Amends the Internal Revenue Code to allow: (1) certain small business employers (50 or fewer employees) and small manufacturers (100 or fewer employees) a tax credit for a percentage of the differential between the average daily civilian compensation and average daily military pay and allowances of their military reservist employees who are called to active duty; (2) such employers a tax credit for the hiring of temporary replacement employees; and (3) self-employed military reservists a comparable tax credit for a percentage of the differential between their average daily self-employment income and their average daily military pay and allowances. Denies a tax credit: (1) to employers who fail to comply with employment or reemployment rights of military reservists; and (2) for employees who are called to active duty for training.

A bill to amend the Internal Revenue Code of 1986 to allow small business employers a credit against income tax with respect to employees who participate in the military reserve components and are called to active duty and with respect to replacement employees and to allow a comparable credit for activated military reservists who are self-employed, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security KidSave Accounts Act''. SEC. 2. SOCIAL SECURITY KIDSAVE ACCOUNTS. Title II of the Social Security Act (42 U.S.C. 401 et seq.) is amended-- (1) by inserting before section 201 the following: ``Part A--Insurance Benefits''; and (2) by adding at the end the following: ``Part B--KidSave Accounts ``establishment of kidsave accounts ``Sec. 251. (a) In General.--The Commissioner of Social Security, through the Federal Retirement Thrift Investment Board, shall establish in the name of each individual born on or after January 1, 2006, a KidSave Account in the Thrift Savings Fund under subchapter III of chapter 84 of title 5, United States Code, upon the later of-- ``(1) the date of enactment of this part; or ``(2) the date of the issuance of a social security account number under section 205(c)(2) to such individual. ``(b) Identification of Account.--The KidSave Account shall be identified to the account holder by means of the account holder's social security account number. ``treatment of kidsave accounts ``Sec. 252. (a) In General.--For purposes of this part, except as provided in subsection (b), a KidSave Account described in section 251(a) shall be treated in the same manner as an account in the Thrift Savings Fund under subchapter III of chapter 84 of title 5, United States Code. ``(b) Exceptions.-- ``(1) Contribution rules.-- ``(A) Loan contributions.-- ``(i) In general.--In addition to any contributions to a KidSave Account by or on behalf of an individual described in subparagraph (B), the Secretary of the Treasury shall transfer $2,000 to such Account from the Federal Old-Age and Survivors Insurance Trust Fund on the date of the establishment of such Account under subsection (a). ``(ii) Adjustment for inflation.--For any calendar year after 2013, the dollar amount under clause (i) shall be increased by the cost-of-living adjustment determined under section 215(i) for the calendar year. ``(B) Other contributions.-- ``(i) Contribution limit.--The aggregate amount of contributions by or on behalf of an individual (including rollover contributions) for any taxable year to the KidSave Account of such individual shall not exceed $500 for such year (determined without regard to the amount of the contribution made pursuant to subparagraph (A)). ``(ii) Rollover contributions.--No rollover contribution may be made to a KidSave Account of an individual unless it is from an eligible retirement plan described in clause (i), (ii), or (iii) of section 402(c)(8)(B) of the Internal Revenue Code of 1986 of such individual or of a parent or grandparent of such individual. For purposes of chapters 12 and 13 of the Internal Revenue Code of 1986 (relating to gift tax and tax on generation- skipping transfers), in no event shall a rollover contribution under this clause be treated as a taxable gift. ``(iii) No contributions past the age of 18.--No contribution (including rollover contribution) may be made to a KidSave Account of an individual after the date on which such individual attains the age of 19. ``(iv) Direct deposits.--The Secretary of the Treasury shall, under regulations, provide for the direct deposit of any overpayment of Federal tax of an individual or of a parent or grandparent of such individual as a contribution to the KidSave Account of such individual. ``(2) Designations regarding kidsave account investments.-- ``(A) Initial designations of investment fund.--A person described in subsection (c) shall, on behalf of the individual described in section 251(a), designate 1 or more investment funds (established under section 8438 of title 5, United States Code) for the KidSave Account to which contributions by or on behalf of such individual are to be deposited. Such designation shall be made on the application for such individual's social security account number. ``(B) Default designation.--In the absence of any designation under subparagraph (A), the contributions by or on behalf of an individual described in section 251(a) shall be deposited-- ``(i) 60 percent in the Common Stock Index Investment Fund established under section 8438(b)(1)(C) of title 5, United States Code; ``(ii) 20 percent in the Fixed Income Investment Fund established under section 8438(b)(1)(B) of such title; and ``(iii) 20 percent in the Government Securities Investment Fund established under section 8438(b)(1)(A) of such title. ``(C) Changes in designations.--An individual who has attained age 18 or a person described in subsection (c) on behalf of such individual may change 1 or more investment designations for a KidSave Account of such individual at the same time and in the same manner as provided under subchapter III of chapter 84 of such title. ``(3) Distributions.-- ``(A) In general.--Except as provided in subparagraph (B), distributions may only be made from a KidSave Account of an individual on or after the earlier of-- ``(i) the date on which the individual begins receiving benefits under part A; or ``(ii) the date of the individual's death. ``(B) Repayment of contribution loan.-- ``(i) In general.--On the date on which an individual described in section 251(a) attains age 30 and on such date in each succeeding calendar year (as necessary), the Federal Retirement Thrift Investment Board shall transfer from the KidSave Account of such individual to the Federal Old-Age and Survivors Insurance Trust Fund an amount equal to the least of the following amounts: ``(I) 20 percent of the applicable amount. ``(II) 20 percent of the balance in such KidSave Account. ``(III) An amount equal to the excess of the applicable amount over the aggregate amount deducted under this clause in all preceding calendar years with respect to such individual. ``(ii) Applicable amount.--With respect to any individual described in clause (i), the applicable amount is equal to the amount transferred by the Secretary of the Treasury to such KidSave Account under paragraph (1)(A). ``(c) Treatment of Minors and Incompetent Individuals.-- ``(1) Designations.--Any designation under subsection (b)(2) to be made by a minor, or an individual mentally incompetent or under other legal disability, may be made by the person who is constituted guardian or other fiduciary by the law of the State of residence of the individual or is otherwise legally vested with the care of the individual or his estate. ``(2) Distributions.--Payment under this part due a minor, or an individual mentally incompetent or under other legal disability, may be made to the person who is constituted guardian or other fiduciary by the law of the State of residence of the claimant or is otherwise legally vested with the care of the claimant or his estate. ``(3) Other persons designated.--In any case in which a guardian or other fiduciary of the individual under legal disability has not been appointed under the law of the State of residence of the individual, if any other person, in the judgment of the Commissioner, is responsible for the care of such individual, any designation under subsection (b)(2) which may otherwise be made by such individual may be made by such person, any payment under this part which is otherwise payable to such individual may be made to such person, and the payment of an annuity payment under this part to such person bars recovery by any other person. ``treatment of thrift savings fund ``Sec. 253. For purposes of subchapter III of chapter 84 of title 5, United States Code, the KidSave Accounts established in the Thrift Savings Fund under section 251 shall be separately maintained and accounted for by the Federal Retirement Thrift Investment Board from the accounts established under such subchapter in such Fund.''. SEC. 3. CONFORMING AMENDMENTS. (a) Amendments Relating to Rollovers.-- (1) Section 402(c)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``For purposes of the preceding sentence, a rollover contribution to a KidSave Account under section 252(b)(1)(B)(ii) of the Social Security Act with respect to an employee who is a parent or grandparent of the beneficiary of such account shall be treated as a distribution to such employee.''. (2) Section 402(c)(5) of such Code is amended by striking ``(i) or (ii)'' and inserting ``(i), (ii), or (vii)''. (3) Section 402(c)(8)(B) of such Code is amended by striking ``and'' at the end of clause (v), by striking the period at the end of clause (vi) and inserting ``, and'', and by adding at the end the following new clause: ``(vii) a KidSave Account established under section 251(a) of the Social Security Act.''. (4) Section 408(d)(3)(A)(i) of such Code is amended by inserting ``, or is paid into a KidSave Account of a beneficiary under section 252(b)(1)(B)(ii) of the Social Security Act with respect to whom such individual is the parent or grandparent,'' after ``such individual''. (b) Cross References.-- (1) In general.-- (A) The Social Security Act is amended-- (i) in part A of title II (as redesignated by section 2), by striking ``this title'' each place it appears and inserting ``this part''; (ii) by striking ``title II'' each place it appears (except in sections 1110(a)(3), 1110(c)(1), 1129A(d)(2), 1136(g), 1147(b)(1)(A), 1148(h)(4)(A), 1148(j)(1)(A), 1148(k), 1612(b)(18), and 1613(a)(10)) and inserting ``part A of title II''; (iii) by striking ``title II or XVI'' each place it appears in sections 1110(a)(3), 1110(c)(1), 1129A(d)(2), and 1136(g) and inserting ``part A of title II or title XVI''; (iv) by striking ``title II, VIII, or'' in section 1129(a)(3) and inserting ``part A of title II or title VIII or''; and (v) by striking ``title II or VIII'' in section 1147(b)(1)(A) and inserting ``part A of title II or title VIII''. (B) The Internal Revenue Code of 1986 is amended by striking ``title II'' each place it appears (except in sections 35(c)(2), 142(h)(1), 410(b)(3)(B), 451(d), 912(1)(C), 912(2), and 7442) and inserting ``part A of title II''. (C) The Railroad Retirement Act of 1974 is amended by striking ``title II'' each place it appears (except in sections 15(a) and 19(c)(3)) and inserting ``part A of title II''. (2) Rule of construction.--In each provision of Federal law (other than provisions amended or added by the amendments made by this Act), any reference to title II of the Social Security Act shall be deemed a reference to part A of title II of such Act (as redesignated by section 2).

Social Security KidSave Accounts Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to create a new part B (KidSave Accounts). Directs the Commissioner of Social Security to establish in the name of each individual born on or after January 1, 2006, an individual retirement account in the Thrift Savings Fund known as a KidSave Account. Requires such Account to be treated in the same manner as an account maintained by a Federal employee under the Federal Employees Retirement System (FERS) (into which contributions by or on behalf of the individual are deposited into one or more designated investment funds). Requires the Secretary of the Treasury to transfer from the Federal Old-Age and Survivors Insurance Trust Fund to each account holder's KidSave Account: (1) $2,000, on the date such individual's KidSave Account is established; plus (2) other, including rollover, contributions, by or on behalf of the individual, the aggregate amount of which in the case of any individual below age 19 is capped at $500 for any taxable year. Provides for the treatment of distributions. Amends the Internal Revenue Code to exclude from gross income any rollovers into a KidSave Account.

To amend the Social Security Act to provide each American child with a KidSave Account, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expand Access to Job Training for English Language Learners Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Approximately 17.8 million adults in the United States have limited proficiency in English. (2) Approximately 90 million adults in the United States are reading at levels that are insufficient to allow them to participate fully in the economy and to obtain new skills necessary for success. (3) A significant contributor to low literacy is limited English speaking and reading ability. (4) Individuals with limited English proficiency are the fastest growing segment of the adult education, language, and literacy system. (5) Simultaneous courses in English language instruction in combination with civics education goes a long way toward meeting the needs of English language learners. (6) Lack of English proficiency and a lack of understanding of civics and United States institutions are a significant barriers to obtaining training and employment. (7) English language learners make up nearly 50 percent of those enrolled in federally funded adult education programs. (8) The concentration of English language learners across the United States is not uniform, leaving some States with a far greater need to provide English as a second language services than others. (9) New immigrants accounted for 50 percent of the growth in the civilian labor force between 1990 and 2001. (10) Immigrants who are fluent in oral and written English earn approximately 24 percent more than those who lack fluency, regardless of vocational qualifications. (11) Current workforce development policies and programs have been ineffective in serving immigrants and persons who are limited English proficient. (12) Programs that integrate skills and training and language acquisition have demonstrated remarkable employment outcomes. TITLE I--AMENDMENTS TO WORKFORCE INVESTMENT SYSTEMS SEC. 101. INTENSIVE AND TRAINING SERVICES. (a) In General.--Section 134(d) is amended-- (1) by amending paragraph (3)(A)(i) to read as follows: ``(i) who have been determined by a one- stop operator to be in need of more intensive services in order to obtain employment; or''; (2) by amending paragraph (3)(C)(vi) to read as follows: ``(vi) Short-term prevocational services, including development of learning skills, communication skills, English literacy skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct to prepare individuals for unsubsidized employment or training.''; (3) in paragraph (4)(A) by striking clause (i) and redesignating clauses (ii) through (v) as clauses (i) through (iv) respectively; (4) by amending paragraph (4)(D)(i) to read as follows: ``(i) occupational skills training, including training for nontraditional employment and bilingual occupational training;''; and (5) by amending paragraph (4)(D)(viii) to read as follows: ``(viii) adult education, English as a Second Language, and literacy activities provided in combination with services described in any of the clauses (i) through (vii); and''. (b) Incentive Grants.--Section 503(a) is amended to read as follows: ``(a) In General.--Beginning on July 1, 2000, the Secretary shall award a grant to each State that-- ``(1) exceeds the State adjusted levels of performance for title I, the expected levels of performance for title II, and the levels of performance under Public Law 88-210 (as amended; 20 U.S.C. 2301 et seq.) for the purpose of carrying out an innovative program consistent wit the requirements of any one or more of the programs within title I, title II, or such Public Law, respectively; and ``(2) funds programs that integrate occupational skills training and language acquisition.''. (c) On-The-Job Training.--Section 101(31)(B) is amended by inserting ``or a reimbursement of up to 100 percent of the wage rate of a participant who has limited English proficiency and for whom the employer is providing training that integrates occupational skills and language acquisition'' after ``wage rate of the participant,''. SEC. 102. PERFORMANCE MEASURES. (a) Levels of Performance.--Section 136(b)(3)(A)(iv)(II) is amended by inserting ``including their level of English proficiency'' after ``entered the program''. (b) Performance and Cost Information.--Section 122(d)(3) is amended by adding after subparagraph (B) the following: ``(C) Adult education and family literacy act requirements..--The local board and the designated State agency described in subsection (i) may accept program-specific performance information consistent with the requirements for eligibility under the Adult and Family Literacy Act (20 U.S.C. 9212) from a provider for the purpose of enabling the provider to fulfill the applicable requirements of this subsection, if such information is substantially similar to the information otherwise required under this subsection.''. (c) Integrated Training Programs.--Section 122(h) is amended-- (1) in the heading, by striking ``or Customized Training'' and inserting ``, Customized Training, or Integrated Training'' ; and (2) in paragraphs (1) and (2) by striking ``or customized training'' and inserting ``, customized training, or integrated training''. (d) Definition.--Section 101 is amended by redesignating paragraphs (18) through (53) as paragraphs (19) through (54), respectively and by inserting after paragraph (17) the following: ``(18) Integrated training.--The term `integrated training' means training that combines occupational skills with language acquisition.''. SEC. 103. DEMONSTRATION, PILOT, MULTISERVICE, RESEARCH, AND MULTISTATE PROJECTS. (a) Demonstration and Pilot Projects.--Section 171(b)(1) is amended by adding after subparagraph (H) the following: ``(I) projects that provide training to create or upgrade the job and related skills of persons who are special participant populations as defined in section 134(d)(4)(G)(iv).''. (b) Multiservice Projects.--Section 171(c)(1) is amended-- (1) in subparagraph (A) by inserting ``and special participant populations as defined in section 134(d)(4)(G)(iv)'' after ``targeted populations''; (2) in subparagraph (B) by inserting ``and special participant populations as defined in section 134(d)(4)(G)(iv)'' after ``disability community''; and (3) in subparagraph (C) by inserting ``and special participant populations as defined in section 134(d)(4)(G)(iv)'' after ``targeted populations''. (c) Study and Report.--Section 171(c)(2)(B) is amended to read as follows: ``(B) Report on training models for persons who are limited english-proficient.--The Secretary shall conduct a 2-year study on programs that integrate English language instruction with occupational skills training. The Secretary shall prepare and submit to Congress a report containing the results of the study, including policy recommendations.''. (d) Multistate Projects.--Section 171(c)(3)(A) is amended-- (1) in clause (i) by inserting ``and special participant populations as defined in section 134(d)(4)(G)(iv)'' after ``particular service populations''; and (2) in clause (ii) by inserting ``and special participant populations as defined in section 134(d)(4)(G)(iv)'' after ``demographic groups''. SEC. 104. ASSESSMENTS. (a) In General.--Section 171(a)(2) is amended-- (1) in subparagraph (C) by striking ``and'' at the end; (2) in subparagraph (D) by inserting ``and'' at the end; and (3) by adding after subparagraph (D) the following: ``(E) the versatility of a standardized one-stop center assessment for targeted populations, including special participant populations that face multiple barriers to employment, as defined in section 134(d)(4)(G)(iv).''. (b) Partnerships.--Section 171(b)(1) is amended-- (1) in subparagraph (G) by striking ``and'' at the end; (2) in subparagraph (H) by inserting ``and'' at the end; (3) by adding after subparagraph (H) the following: ``(I) the establishment of partnerships with national organizations with special expertise to assist states develop and implement accurate assessment mechanisms to evaluate the skill levels of special participant populations that face multiple barriers to employment, as defined in Section 134(d)(4)(G)(iv).''. (c) Considerations.--Section 172(a)(6) is amended to read as follows: ``(6) the extent to which such programs and activities meet the needs of various demographic groups; and including special participant populations that face multiple barriers to employment, as defined in Sec. 134(d)(4)(G)(iv);''. (d) Interpretation and Translation Services.--Section 188(a) is amended by adding after paragraph (5) the following: ``(6) Interpretation and translation services.--One-stop centers shall provide appropriate interpretation and translation services to individuals who lack English proficiency.''. (e) State Plan.--Section 112(b)(17)(A)(iv) is amended by inserting ``(including persons who are limited English-proficient)'' after ``barriers to employment''. (f) Specialized Assessments.--Section 134(d)(3)(C)(i) is amended in the matter preceding subclause (I) to read as follows: ``(i) Comprehensive and specialized assessments of the skill levels, English proficiency, and service needs of adults and dislocated workers, which may include--''. SEC. 105. CONTENTS OF STATE PLAN. Section 224(b) is amended by adding after paragraph (12) the following new paragraph: ``(13) a description of how the eligible agency will consult with any State agency responsible for postsecondary education to develop adult education that prepares students to enter postsecondary education without the need for remediation upon completion of secondary school equivalency programs.''. SEC. 106. STATE DISCRETIONARY FUNDING. Section 134(a)(3)(A)(vi) is amended-- (1) in subclause (I) by striking ``and'' at the end; (2) in subclause (II) by inserting ``and'' at the end; and (3) by adding after clause (II) the following: ``(III) implementation of innovative programs for special participant populations as defined in section 134(d)(4)(G)(iv) to increase the number of individuals offered occupational training in growth industries;''. TITLE II--AMENDMENTS TO ADULT EDUCATION AND LITERACY SEC. 201. ADULT BASIC EDUCATION FUNDING FORMULA. (a) Qualifying Adult.--Paragraph (3) of section 211(d) of the Adult Education and Family Literacy Act (20 U.S.C. 9211(d)) is amended by inserting ``or is of limited English proficiency'' after ``its recognized equivalent''. (b) Hold-Harmless.--Paragraph (1) of section 211(f) of the Adult Education and Family Literacy Act (20 U.S.C. 9211(f)) is amended-- (1) in subparagraph (A), by striking ``fiscal year 1999'' and inserting ``fiscal year 2004''; and (2) in subparagraph (b), by striking ``fiscal year 2000'' and inserting ``fiscal year 2005''. SEC. 202. STATE PLAN CONTENTS. Paragraph (1) of section 224(b) of the Adult Education and Family Literacy Act (20 U.S.C. 9224(b)) is amended by striking ``including individuals most in need or hardest to serve;'' and inserting ``including-- ``(A) individuals most in need or hardest to serve; and ``(B) individuals with limited English proficiency;''. SEC. 203. DIRECT AND EQUITABLE ACCESS IN GRANTS AND CONTRACTS. (a) Section 231 of the Adult Education and Family Literacy Act (20 U.S.C. 9226) is amended-- (1) in subsection (a), by inserting ``, as outlined under section 203(5),'' after ``State or outlying area''; (2) in subsection (c)-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking ``announcement process and application process is used for all eligible providers'' and inserting ``announcement process, application process, and proposal review process is used for all eligible providers, including community-based organizations,''; (C) in paragraph (2), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(3) there is a process in place to increase outreach and recruitment to solicit grant and contract applications from eligible community-based organizations.''; and (b) in subsection (e)-- (1) in paragraph (3), by striking ``individuals who are low-income or have minimal literacy skills'' and inserting ``individuals who are of limited English proficiency, are low- income, or have minimal literacy skills''; (2) in paragraph (9), by inserting ``community-based organizations,'' after ``job training programs,''; (3) in paragraph (11), by striking ``and'' at the end; (4) in paragraph (12), by inserting ``and civics education'' after ``additional English literacy''; (5) in paragraph (12), by striking the period at the end and inserting ``; and''; and (6) by adding at the end the following: ``(13) whether the activities are located in communities with high populations of individuals with limited English proficiency.''. SEC. 204. INCENTIVES FOR INTEGRATING TITLE I AND TITLE II. (a) National Institute for Literacy.--Subparagraph (C) of section 242(c)(1) of the Adult Education and Family Literacy Act (20 U.S.C. 9252(c)(1)) is amended-- (1) by striking ``the Office of Educational Research and Improvement'' and inserting ``the Institute of Education Sciences''; (2) by inserting ``and the Office of Employment and Training in the Department of Labor'' after ``the Department of Education''; and (3) by inserting ``and the effectiveness of programs that integrate occupational skills training and language acquisition'' after ``with learning disabilities''. (b) Performance Accountability System.--Subsection (b) of section 212 of the Adult Education and Family Literacy Act (20 U.S.C. 9212) is amended-- (1) in paragraph (1)(A)(i), striking ``and'' at the end; (2) in paragraph (1)(A), by adding at the end the following: ``(iii) unified indicators of performance (if any) identified by the eligible agency under paragraph (2)(C); and"; and''; and (3) in paragraph (2), by adding at the end the following: ``(C) Unified indicators.--An eligible agency shall identify uniform indicators of performance for programs under section 134(d)(4) or 211 and shall include in such uniform indicators the following: ``(i) Performance measures identified in section 136(b)(2)(A). ``(ii) Performance measures identified in section 212(b)(2)(a)(i).''. SEC. 205. REPORTS ON INDIVIDUALS 16 TO 18 YEARS OF AGE. Section 241 of the Adult Education and Family Literacy Act (20 U.S.C. 9251) is amended by adding at the end the following: ``(c) Reports.-- ``(1) Reports to secretary.--An eligible agency receiving funds under this title shall annually provide the Secretary with a report on the number participants who are 16, 17, or 18 years of age in the programs and services provided under section 231, disaggregated by race, ethnicity, gender, limited English proficiency status, disability, and socioeconomic status. ``(2) Reports to congress.--Not later than June 30, 2005, and by June 30 annually thereafter, the Secretary shall submit a report to the Congress containing the results of the eligible agency reports required by paragraph (1).''. SEC. 206. NATIONAL LEADERSHIP ACTIVITIES. Section 243 of the Adult Education and Family Literacy Act (20 U.S.C. 9253) is amended in the matter preceding paragraph (1) by inserting ``including grants to communities experiencing large increases of individuals with limited English proficiency who were not accounted for in making State allocations under section 211(c)(2), for the purpose of providing English language and civics education programs'' after ``programs nationwide''.

Expand Access to Job Training for English Language Learners Act - Amends the Adult Education and Family Literacy Act (AEFLA), which is tile II of the Workforce Investment Partnership Act of 1998 (WIPA), and provisions for Workforce Investment Systems (WIS), which are title I of WIPA, to revise and increase access and services for individuals with limited English proficiency under such job training and adult education systems.Revises the following WIS provisions with respect to individuals with limited English proficiency: (1) intensive and training services; (2) performance measures; (3) demonstration, pilot, multiservice, research, and multistate projects; (4) assessments; (5) State plan contents; and (6) State discretionary funding.Revises the following AEFLA provisions with respect to individuals with limited English proficiency: (1) adult basic education funding formula; (2) State plan contents; (3) direct and equitable access in grants and contracts; (4) reports on individuals 16 to 18 years of age; and (5) national leadership activities.Provides for integration of WIS and AEFLA by: (1) emphasizing National Institute for Literacy coordination with the Institute of Education Sciences in the Department of Education and with the Office of Employment and Training in the Department of Labor; and (2) requiring certain uniform indicators of program performance.

To amend and improve the workforce investment and adult education systems of the Nation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``South Dakota Tribal Nursing Facilities Act of 2002''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) The highest rate of poverty in South Dakota occurs on Indian reservations. (2) According to the 2000 United States Census, nine counties that encompass Indian reservations are among the 100 poorest counties in the United States. (3) There are no nursing facilities on the Indian reservations in South Dakota. (4) The lack of nursing facilities on the larger Indian reservations is a barrier that prevents Indian elders from accessing long-term health care. (5) The elderly poor constitute a growing portion of the membership of the Indian tribes and tribal organizations of South Dakota. (6) The great distances between Indian reservations and off-reservation nursing facilities-- (A) deter the Indian elderly from using such facilities; and (B) if the Indian elderly do use such facilities, prevent visitation from family and relatives that is essential to the well-being of the Indian elderly. (7) There is a critical need for nursing facilities on the Indian reservations located in South Dakota to meet the elderly and assisted-living needs of tribal members. (8) A South Dakota law imposes a moratorium on the licensing of new nursing facilities in the State. (9) The medicaid program requires State licensure of nursing facilities to qualify such facility for reimbursement for care provided to individuals eligible for medical assistance under such program. (10) The impact of the South Dakota moratorium on nursing facility licensure and the requirements of the medicaid program prevent Indian tribes and tribal organizations in South Dakota from developing and operating these badly needed facilities on Indian reservations. (11) It is the responsibility and goal of the United States, in the fulfillment of its responsibility to provide and facilitate adequate health care for elderly and needy members of Indian tribes and tribal organizations, to protect the right of Indian tribes and tribal organizations to provide nursing facilities for those members. (b) Purposes.--The purposes of this Act are, notwithstanding any impediment imposed by State law-- (1) to facilitate the development and operation of nursing facilities that are owned or operated by an Indian tribe or tribal organization on Indian reservations that are located in the State of South Dakota; and (2) to protect the right of members of Indian tribes and tribal organizations to access health care provided by nursing facilities in the exercise of those members' entitlement to medical assistance under the medicaid program. SEC. 3. ELIGIBILITY OF CERTAIN NURSING FACILITIES FOR REIMBURSEMENT UNDER THE MEDICAID PROGRAM. (a) In General.--Notwithstanding any provision of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), an applicable nursing facility shall be eligible for reimbursement for medical assistance provided under such title and shall be deemed to be a facility of the Indian Health Service for purposes of the third sentence of section 1905(b) of such Act (42 U.S.C. 1396d(b)) if and for so long as-- (1) the facility meets all of the conditions and requirements which are applicable generally to such facilities under such title (other than any State requirement relating to the operation of such a facility under such title); and (2) has in effect a plan approved under subsection (b)(2). (b) Submission and Approval of Plans.-- (1) Submission.--An Indian tribe or tribal organization that desires an applicable nursing facility to be reimbursed through the operation of this section shall submit a plan to the Secretary at such time, in such manner, and containing such information as the Secretary may specify, including evidence that-- (A) such facility is licensed by the Indian tribe or tribal organization; and (B) the State, the Indian tribe, or the tribal organization has agreed to perform the functions of the State under section 1919 of the Social Security Act (42 U.S.C. 1396r). (2) Approval.--Not later than the date that is 90 days after the date on which a plan is submitted under paragraph (1), the Secretary shall approve or disapprove such plan or shall notify the facility of the additional information needed for approval or disapproval. (c) Definitions.--In this section: (1) Applicable nursing facility.--The term ``applicable nursing facility'' means an existing or planned nursing facility (as defined in section 1919(a) of the Social Security Act (42 U.S.C. 1396r(a))) that-- (A) is owned or operated by an Indian tribe or tribal organization; (B) is located (or will be located) in the State of South Dakota; and (C) is not able to obtain a State license only as a result of a State imposed moratorium on the issuance of such licenses. (2) Indian tribe and tribal organization.--The terms ``Indian tribe'' and ``tribal organization'' have the meanings given such terms under section 4 of the Indian Health Care Improvement Act. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.

South Dakota Tribal Nursing Facilities Act of 2002 - Makes a nursing facility in South Dakota that is owned or operated by an Indian tribe or tribal organization, and is unable to obtain a State license only because of a State-imposed moratorium on the issuance of such licenses, eligible for reimbursement for medical assistance provided under title XIX (Medicaid) of the Social Security Act. Deems such a facility to be an Indian Health Service (IHS) facility with the Federal medical assistance percentage set at 100 percent if it meets all applicable conditions and requirements and has a plan approved by the Secretary of Health and Human Services that indicates that the facility is licensed by the Indian tribe or tribal organization.

A bill to provide for the reimbursement under the medicaid program under title XIX of the Social Security Act of nursing facilities that are located on an Indian reservation in the State of South Dakota and owned or operated by an Indian tribe or tribal organization, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Witness Protection Act of 2013''. SEC. 2. PROTECTION OF STATE AND LOCAL WITNESSES. (a) In General.--Chapter 73 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1522. State and local witness tampering and retaliation ``(a) Definitions.--In this section-- ``(1) the term `State official proceeding' means a proceeding before a judge or court of a State or political subdivision thereof; and ``(2) the term `physical force' has the meaning given the term in section 1515. ``(b) Tampering and Retaliation.--It shall be unlawful, in a circumstance described in subsection (c), for a person to kill, attempt to kill, use physical force or the threat of physical force against, harass, intimidate or attempt to intimidate, or offer anything of value to, another individual, with the intent to-- ``(1) influence, delay, or prevent the testimony or attendance of any person in a State official proceeding; ``(2) prevent the production of a record, document, or other object, in a State official proceeding; ``(3) cause or induce any person to-- ``(A) withhold testimony, or withhold a record, document, or other object from a State official proceeding; ``(B) alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in a State official proceeding; ``(C) evade legal process summoning that person to appear as a witness, or to produce a record, document or other object in a State official proceeding; or ``(D) be absent from a State official proceeding to which that person has been summoned by legal process; ``(4) hinder, delay, or prevent the communication by any person to a law enforcement officer or judge of a State, or political subdivision thereof, of information relating to the violation or possible violation of a law of a State or political subdivision thereof, or a violation of conditions of probation, parole, or release pending judicial proceedings; or ``(5) retaliate against any person for-- ``(A) the attendance of a witness or party at a State official proceeding, or any testimony given or any record, document, or other object produced by a witness in a State official proceeding; or ``(B) providing to a law enforcement officer any information relating to the violation or possible violation of a law of a State or political subdivision thereof, or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings. ``(c) Circumstances.--A circumstance described in this subsection is that-- ``(1) any communication involved in or made in furtherance of the offense is communicated or transported by the mail, or in interstate or foreign commerce by any means, including by computer, or any means or instrumentality of interstate or foreign commerce is otherwise used in committing or in furtherance of the commission of the offense; ``(2) any person travels or is transported in interstate or foreign commerce in the course of the commission of or in furtherance of the commission of the offense; or ``(3) any weapon, including a firearm, shipped or transported across State lines or in interstate or foreign commerce is used in committing or in furtherance of the commission of the offense. ``(d) Penalties.-- ``(1) In general.--Any person that violates this section-- ``(A) in the case of a killing, shall be punished as provided under sections 1111 and 1112; ``(B) in the case of an attempt to murder, or the use or attempted use of physical force against any person, shall be fined under this title, or imprisoned for not more than 30 years, or both; and ``(C) in the case of any other violation of this section, shall be fined under this title, imprisoned for not more than 20 years, or both. ``(2) Exception.--If the offense under this section occurs in connection with a trial of a criminal case, the maximum term of imprisonment that may be imposed for the offense shall be the higher of-- ``(A) the penalty described in paragraph (1); or ``(B) the maximum term that could have been imposed for any offense charged in the criminal case. ``(3) Attempt and conspiracy.--Any person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy. ``(e) Affirmative Defense.--It is an affirmative defense to a prosecution under this section, which the defendant shall prove by a preponderance of the evidence, that the conduct committed by the defendant-- ``(1) consisted solely of lawful conduct; and ``(2) that the sole intention of the defendant was to encourage, induce, or cause the other person to testify truthfully. ``(f) Pending Proceeding; Evidentiary Value.--For the purposes of this section-- ``(1) a State official proceeding need not be pending or about to be instituted at the time of the offense; and ``(2) the testimony, or the record, document, or other object obstructed, tampered, or retaliated against by the defendant need not be admissible in evidence or free of a claim of privilege. ``(g) Intent.--In a prosecution for an offense under this section, the state of mind need not be proved with respect to-- ``(1) a State official proceeding before a judge, court, magistrate judge, or grand jury being before a judge or court of a State or political subdivision thereof; ``(2) a judge being a judge of a State or political subdivision thereof; or ``(3) a law enforcement officer being an officer or employee of the State or political subdivision thereof. ``(h) Venue.--A prosecution brought under this section may be brought-- ``(1) in the district in which the State official proceeding (whether or not pending or about to be instituted) was intended to be affected; or ``(2) in the district which the conduct constituting the alleged offense occurred.''. (b) Technical and Conforming Amendment.--The table of contents for chapter 73 of title 18, United States Code, is amended by adding at the end the following: ``1522. State and local witness tampering and retaliation.''. SEC. 3. SENTENCING GUIDELINES ENHANCEMENT. Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall amend the Federal Sentencing Guidelines to increase the guideline range for Obstruction of Justice, Sec. 2J1.2, as follows-- (1) by 2 levels if the defendant threatened or harmed 1 or more individuals on more than 1 occasion; (2) by 2 levels if the defendant accepted or paid a bribe or payoff as part of a scheme to obstruct justice; (3) by 2 levels if the defendant destroyed or caused the destruction of documents on a computer; and (4) by 6 levels if the offense resulted in substantial interference with the administration of justice. SEC. 4. WITNESS PROTECTION GRANT PROGRAM. (a) In General.--Subject to subsection (b), the Attorney General shall make competitive grants to eligible State, tribal, and local governments to establish or maintain programs that-- (1) provide protection or assistance to witnesses in-- (A) court proceedings involving homicide, or involving a serious violent felony or serious drug offense as defined in section 3559(c)(2) of title 18, United States Code; and (B) court proceedings involving gangs or organized crime; and (2) provide information and outreach to the public about witness intimidation. (b) Criteria.--In making grants under subsection (a), the Attorney General shall evaluate applicants based upon-- (1) the extent to which the applicant has a lack of infrastructure to support a witness assistance program; (2) the extent to which witness intimidation is present with respect to the applicant; (3) the level of cases not prosecuted by the applicant due to witness intimidation; (4) the number of homicides per capita committed in the jurisdiction of the applicant; (5) the number of serious violent felonies or serious drug offenses, as defined in section 3559(c)(2) of title 18, United States Code, per capita committed in the jurisdiction of the applicant; (6) the extent to which organized crime is present in the jurisdiction of the applicant; and (7) any other appropriate criteria as determined by the Attorney General. (c) Federal Share.-- (1) In general.--The Federal share of the cost of a project carried out using a grant made under this section shall be not more than 75 percent. (2) In-kind contributions.-- (A) In general.--Subject to subparagraph (B), the non-Federal share for a project carried out using a grant made under this section may be made in the form of in-kind contributions that are directly related to the purpose for which the grant was made. (B) Maximum percentage.--Not more than 50 percent of the non-Federal share for a project carried out using a grant made under this section may be in the form of in-kind contributions. (d) Administrative Expenses.--Federal administrative costs to carry out this section for a fiscal year shall not exceed 5 percent of the funds appropriated pursuant to subsection (e) for such fiscal year. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

State Witness Protection Act of 2013 - Amends the federal criminal code to impose criminal penalties on any person who kills, or attempts to kill, a witness in a state or local judicial proceeding, who uses physical force or the threat of force against such a witness, or who offers such witness anything of value with the intent to: (1) influence, delay, or prevent the testimony or attendance of such witness at a state or local judicial proceeding; (2) prevent the production of a record or document in a state or local judicial proceeding; (3) cause or induce any person to withhold testimony or evidence, destroy evidence, evade legal process, or be absent from a state or local judicial proceeding; (4) hinder, delay, or prevent any person from providing information to a state or local law enforcement officer or judge; or (5) retaliate against any person for attending a state or local judicial proceeding or providing information to a law enforcement officer. Directs the U.S. Sentencing Commission to amend guidelines to increase the sentencing range for obstruction of justice if such crime involved threatening, harming, or bribing a witness or the destruction of evidence. Directs the Attorney General to make competitive grants to eligible state, tribal, and local governments to establish or maintain programs that provide: (1) protection or assistance to witnesses in court proceedings involving homicide, a serious violent felony or drug offense, gangs, or organized crime; and (2) information and outreach to the public about witness intimidation. Sets forth criteria by which the Attorney General shall evaluate applicants, including the extent to which: (1) an applicant has a lack of infrastructure to support a witness assistance program, and (2) witness intimidation is present with respect to the applicant.

State Witness Protection Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Return to Prudent Banking Act of 2017''. SEC. 2. GLASS-STEAGALL REVIVED. (a) Wall Between Commercial Banks and Securities Activities Reestablished.--Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end the following new subsection: ``(aa) Limitations on Security Affiliations.-- ``(1) Prohibition on affiliation between insured depository institutions and investment banks or securities firms.--An insured depository institution may not be or become an affiliate of any broker or dealer, any investment adviser, any investment company, or any other person engaged principally in the issue, flotation, underwriting, public sale, or distribution at wholesale or retail or through syndicate participation of stocks, bonds, debentures, notes, or other securities. ``(2) Prohibition on officers, directors, and employees of securities firms service on boards of depository institutions.-- ``(A) In general.--An individual who is an officer, director, partner, or employee of any broker or dealer, any investment adviser, any investment company, or any other person engaged principally in the issue, flotation, underwriting, public sale, or distribution at wholesale or retail or through syndicate participation of stocks, bonds, debentures, notes, or other securities may not serve at the same time as an officer, director, employee, or other institution- affiliated party of any insured depository institution. ``(B) Exception.--Subparagraph (A) shall not apply with respect to service by any individual which is otherwise prohibited under such subparagraph if the appropriate Federal banking agency determines, by regulation with respect to a limited number of cases, that service by such individual as an officer, director, employee, or other institution-affiliated party of any insured depository institution would not unduly influence the investment policies of the depository institution or the advice the institution provides to customers. ``(C) Termination of service.--Subject to a determination under subparagraph (B), any individual described in subparagraph (A) who, as of the date of the enactment of the Return to Prudent Banking Act of 2017, is serving as an officer, director, employee, or other institution-affiliated party of any insured depository institution shall terminate such service as soon as practicable after such date of enactment and no later than the end of the 60-day period beginning on such date. ``(3) Termination of existing affiliation.-- ``(A) Orderly wind-down of existing affiliation.-- Any affiliation of an insured depository institution with any broker or dealer, any investment adviser, any investment company, or any other person, as of the date of the enactment of the Return to Prudent Banking Act of 2017, which is prohibited under paragraph (1) shall be terminated as soon as practicable and in any event no later than the end of the 2-year period beginning on such date of enactment. ``(B) Early termination.--The appropriate Federal banking agency, after opportunity for hearing, may terminate, at any time, the authority conferred by the preceding subparagraph to continue any affiliation subject to such subparagraph until the end of the period referred to in such subparagraph if the agency determines, having due regard for the purposes of this subsection and the Return to Prudent Banking Act of 2017, that such action is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices and is in the public interest. ``(C) Extension.--Subject to a determination under subparagraph (B), an appropriate Federal banking agency may extend the 2-year period referred to in subparagraph (A) from time to time as to any particular insured depository institution for not more than 6 months at a time, if, in the judgment of the agency, such an extension would not be detrimental to the public interest, but no such extensions shall in the aggregate exceed 1 year. ``(4) Definitions.--For purposes of this subsection, the terms `broker' and `dealer' have the same meanings as in section 3(a) of the Securities Exchange Act of 1934 and the terms `investment adviser' and `investment company' have the meaning given such terms under the Investment Advisers Act of 1940 and the Investment Company Act of 1940, respectively.''. (b) Prohibition on Banking Activities by Securities Firms Clarified.--Section 21 of the Banking Act of 1933 (12 U.S.C. 378) is amended by adding at the end the following new subsection: ``(c) Business of Receiving Deposits.--For purposes of this section, the term `business of receiving deposits' includes the establishment and maintenance of any transaction account (as defined in section 19(b)(1)(C) of the Federal Reserve Act).''. (c) Continued Applicability of ICI v. Camp.-- (1) In general.--The Congress ratifies the interpretation of the paragraph designated the ``Seventh'' of section 5136 of the Revised Statutes of the United States (12 U.S.C. 24, as amended by section 16 of the Banking Act of 1933 and subsequent amendments) and section 21 of the Banking Act of 1933 (12 U.S.C. 378) by the Supreme Court of the United States in the case of Investment Company Institute v. Camp (401 U.S. 617 et seq. (1971)) with regard to the permissible activities of banks and securities firms, except to the extent expressly prescribed otherwise by this section. (2) Applicability of reasoning.--The reasoning of the Supreme Court of the United States in the case referred to in paragraph (1) with respect to sections 20 and 32 of the Banking Act of 1933 (as in effect prior to the date of the enactment of the Gramm-Leach-Bliley Act) shall continue to apply to subsection (aa) of section 18 of the Federal Deposit Insurance Act (as added by subsection (a) of this section) except to the extent the scope and application of such subsection as enacted exceed the scope and application of such sections 20 and 32. (3) Limitation on agency interpretation or judicial construction.--No appropriate Federal banking agency, by regulation, order, interpretation, or other action, and no court within the United States may construe the paragraph designated the ``Seventh'' of section 5136 of the Revised Statutes of the United States (12 U.S.C. 24, as amended by section 16 of the Banking Act of 1933 and subsequent amendments), section 21 of the Banking Act of 1933, or section 18(aa) of the Federal Deposit Insurance Act more narrowly than the reasoning of the Supreme Court of the United States in the case of Investment Company Institute v. Camp (401 U.S. 617 et seq. (1971)) as to the construction and the purposes of such provisions. SEC. 3. REPEAL OF GRAMM-LEACH-BLILEY ACT PROVISIONS. (a) Financial Holding Company.-- (1) In general.--Section 4 of the Bank Holding Company Act of 1956 (12 U.S.C. 1843) is amended by striking subsections (k), (l), (m), (n), and (o). (2) Transition.-- (A) Orderly wind-down of existing affiliation.--In the case of a bank holding company which, pursuant to the amendments made by paragraph (1), is no longer authorized to control or be affiliated with any entity that was permissible for a financial holding company, any affiliation by the bank holding company which is not permitted for a bank holding company shall be terminated as soon as practicable and in any event no later than the end of the 2-year period beginning on such date of enactment. (B) Early termination.--The Board of Governors of the Federal Reserve System, after opportunity for hearing, may terminate, at any time, the authority conferred by the preceding subparagraph to continue any affiliation subject to such subparagraph until the end of the period referred to in such subparagraph if the Board determines, having due regard to the purposes of this Act, that such action is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices, and is in the public interest. (C) Extension.--Subject to a determination under subparagraph (B), the Board of Governors of the Federal Reserve System may extend the 2-year period referred to in subparagraph (A) above from time to time as to any particular bank holding company for not more than 6 months at a time, if, in the judgment of the Board, such an extension would not be detrimental to the public interest, but no such extensions shall in the aggregate exceed 1 year. (3) Technical and conforming amendments.-- (A) Section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841) is amended by striking subsection (p). (B) Section 5(c) of the Bank Holding Company Act of 1956 (12 U.S.C. 1844(c)) is amended-- (i) by striking paragraphs (3) and (4); and (ii) by redesignating paragraph (5) as paragraph (3). (C) Section 5 of the Bank Holding Company Act of 1956 (12 U.S.C. 1844) is amended by striking subsection (g). (D) The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended by striking section 45. (E) Subtitle B of title I of the Gramm-Leach-Bliley Act is amended by striking section 114 (12 U.S.C. 1828a) and section 115 (12 U.S.C. 1820a). (b) Financial Subsidiaries Repealed.-- (1) In general.--Section 5136A of the Revised Statutes of the United States (12 U.S.C. 24a) is amended to read as follows: ``SEC. 5136A. [REPEALED].''. (2) Transition.-- (A) Orderly wind-down of existing affiliation.--In the case of a national bank which, pursuant to the amendments made by paragraph (1), is no longer authorized to control or be affiliated with a financial subsidiary as of the date of the enactment of this Act, such affiliation shall be terminated as soon as practicable and in any event no later than the end of the 2-year period beginning on such date of enactment. (B) Early termination.--The Comptroller of the Currency, after opportunity for hearing, may terminate, at any time, the authority conferred by the preceding subparagraph to continue any affiliation subject to such subparagraph until the end of the period referred to in such subparagraph if the Comptroller determines, having due regard for the purposes of this Act, that such action is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices and is in the public interest. (C) Extension.--Subject to a determination under subparagraph (B), the Comptroller of the Currency may extend the 2-year period referred to in subparagraph (A) above from time to time as to any particular national bank for not more than 6 months at a time, if, in the judgment of the Comptroller, such an extension would not be detrimental to the public interest, but no such extensions shall in the aggregate exceed 1 year. (3) Technical and conforming amendment.-- (A) The 20th undesignated paragraph of section 9 of the Federal Reserve Act (12 U.S.C. 335) is amended by striking the last sentence. (B) The Federal Deposit Insurance Act is amended by striking section 46 (12 U.S.C. 1831w). (4) Clerical amendment.--The table of sections for chapter one of title LXII of the Revised Statutes of the United States is amended by striking the item relating to section 5136A. (c) Definition of Broker.--Section 3(a)(4)(B) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(4)(B)) is amended-- (1) by striking clauses (i), (iii), (v), (vii), (x), and (xi); and (2) by redesignating clauses (ii), (iv), (vi), (viii), and (ix) as clauses (i), (ii), (iii), (iv), and (v), respectively. (d) Definition of Dealer.--Section 3(a)(5)(C) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(5)(C)) is amended-- (1) by striking clauses (i) and (iii); and (2) by redesignating clauses (ii) and (iv) as clauses (i) and (ii), respectively. (e) Definition of Identified Banking Product.--Subsection (a) of section 206 of the Gramm-Leach-Bliley Act (15 U.S.C. 78c note) is amended-- (1) by inserting ``and'' after the semicolon at the end of paragraph (4); (2) in paragraph (5)(B)(ii), by striking ``; or'' and inserting a period; and (3) by striking paragraph (6) and all that follows through the end of such subsection. (f) Definition of Activities Closely Related to Banking.-- (1) In general.--Section 4(c)(8) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(c)(8)) is amended by striking ``the day before the date of the enactment of the Gramm-Leach-Bliley Act'' and inserting ``January 1, 1970''. (2) Provision allowing for exceptions after report to the congress.--Subsection (j) of section 4 of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(j)) is amended to read as follows: ``(j) Approval for Certain Post-1970 Subsection (c)(8) Activities.-- ``(1) In general.--Notwithstanding the limitation of the January 1, 1970, approval deadline in subsection (c)(8), the Board may determine an activity to be so closely related to banking as to be a proper incident thereto for purposes of such subsection, subject to the requirements of this subsection and such terms and conditions as the Board may require. ``(2) General standards.--In making any determination under paragraph (1), the Board shall consider whether performance of the activity by a bank holding company or a subsidiary of such company can reasonably be expected to result in a violation of section 18(aa) of the Federal Deposit Insurance Act, section 21 of the Banking Act of 1933, or the spirit of section 2(c) of the Return to Prudent Banking Act of 2017, and other possible adverse effects, such as undue concentration of resources, decreased or unfair competition, conflicts of interests, or unsound banking practices. ``(3) Report and wait.--No determination of the Board under paragraph (1) may take effect before the end of the 180-day period beginning on the date by which notice of the determination has been submitted to both Houses of the Congress together with a detailed explanation of the activities to which the determination relates and the basis for the determination, unless before the end of such period, such activities have been approved by an Act of Congress.''. (g) Repeal of Provision Relating to Foreign Banks Filing as Financial Holding Companies.--Section 8(c) of the International Banking Act of 1978 (12 U.S.C. 3106(c)) is amended by striking paragraph (3). SEC. 4. REPORTS TO THE CONGRESS. (a) Reports Required.--Each time the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, or another appropriate Federal banking agency makes a determination or an extension under subparagraph (B) or (C) of paragraph (2) or (3) of section 18(aa) of the Federal Deposit Insurance Act (as added by section 2(a)) or subparagraph (B) or (C) of subsection (a)(2) or (b)(2) of section 3, as the case may be, the Board, Comptroller, or agency shall promptly submit a report of such determination or extension to the Congress. (b) Contents.--Each report submitted to the Congress under subsection (a) shall contain a detailed description of the basis for the determination or extension.

Return to Prudent Banking Act of 2017 This bill prohibits an insured depository institution from affiliating with any person or firm engaged principally in, among other things, issuing or selling stocks, bonds, notes, or other securities. Officers, directors and employees of securities firms are prohibited from simultaneously serving as an officer, director, or employee of a depository institution, except in specified circumstances. Any such individual serving as an officer, director, employee, or other institution-affiliated party of any insured depository institution must terminate such service as soon as practicable after enactment of this bill. Any affiliation of an insured depository institution with any broker, dealer, investment adviser, or investment company must be terminated as soon as practicable. No entity issuing or selling stocks, bonds, or other securities may engage in the business of receiving deposits, which includes the establishment and maintenance of transaction accounts, as defined in the Federal Reserve Act. This bill declares that Congress ratifies the interpretation by the Supreme Court of specified statutory language in Investment Company Institute v. Camp (ICI) regarding permissible activities of banks and securities firms. It further declares that the reasoning of the Court in that case shall continue to apply to the limitations placed upon security affiliations under the Federal Deposit Insurance Act as enacted by this bill. No federal banking agency or federal court shall issue an interpretation regarding such security affiliations that is narrower than that of the court in ICI. This bill repeals certain provisions of the Gramm-Leach-Bliley Act, including those pertaining to regulation of financial holding companies and the conditions for engaging in financial activities.

Return to Prudent Banking Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Biometric Identification Transnational Migration Alert Program Authorization Act of 2018''. SEC. 2. BIOMETRIC IDENTIFICATION TRANSNATIONAL MIGRATION ALERT PROGRAM. (a) In General.--Subtitle D of title IV of the Homeland Security Act of 2002 (6 U.S.C. 251 et seq.) is amended by adding at the end the following new section: ``SEC. 447. BIOMETRIC IDENTIFICATION TRANSNATIONAL MIGRATION ALERT PROGRAM. ``(a) Establishment.--There is established in the Department a program to be known as the Biometric Identification Transnational Migration Alert Program (referred to in this section as `BITMAP') to address and reduce national security, border security, and terrorist threats before such threats reach the international border of the United States. ``(b) Duties.--In carrying out BITMAP operations, the Secretary, acting through the Director of U.S. Immigration and Customs Enforcement, shall-- ``(1) coordinate, in consultation with the Secretary of State, appropriate representatives of foreign governments, and the heads of other Federal agencies, as appropriate, to facilitate the voluntary sharing of biometric and biographic information collected from foreign nationals for the purpose of identifying and screening such nationals to identify those nationals who may pose a terrorist threat or a threat to national security or border security; ``(2) provide capabilities, including training and equipment, to partner countries to voluntarily collect biometric and biographic identification data from individuals to identify, prevent, detect, and interdict high risk individuals identified as national security, border security, or terrorist threats who may attempt to enter the United States utilizing illicit pathways; ``(3) provide capabilities, including training and equipment, to partner countries to compare foreign data against appropriate United States national security, border security, terrorist, immigration, and counter-terrorism data, including-- ``(A) the Federal Bureau of Investigation's Terrorist Screening Database, or successor database; ``(B) the Federal Bureau of Investigation's Next Generation Identification database, or successor database; ``(C) the Department of Defense Automated Biometric Identification System (commonly known as `ABIS'), or successor database; ``(D) the Department's Automated Biometric Identification System (commonly known as `IDENT'), or successor database; and ``(E) any other database, notice, or means that the Secretary, in consultation with the heads of other Federal departments and agencies responsible for such databases, notices, or means, designates; and ``(4) provide partner countries with training, guidance, and best practices recommendations regarding the enrollment of individuals in BITMAP; and ``(4)(5) ensure biometric and biographic identification data collected pursuant to BITMAP are incorporated into appropriate United States Government databases, in compliance with the policies and procedures established by the Privacy Officer appointed under section 222. ``(c) Collaboration.--The Secretary shall ensure that BITMAP operations include participation from relevant components of the Department, and request participation from other Federal agencies, as appropriate. ``(d) Agreements.--Before carrying out BITMAP operations in a foreign country that, as of the date of the enactment of this section, was not a partner country described in this section, the Secretary, in consultation with the Secretary of State, shall enter into agreement or arrangement with the government of such country that sets forth program goals for such country, includes training, guidance, and best practices recommendations regarding the enrollment of individuals in BITMAP, and outlines such operations in such country, including related departmental operations. Such country shall be a partner country described in this section pursuant to and for purposes of such agreement or arrangement. ``(e) Notification to Congress.--Not later than 60 days before an agreement with the government of a foreign country to carry out BITMAP operations in such foreign country enters into force, the Secretary shall provide the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate with a copy of the agreement to establish such operations, which shall include-- ``(1) the identification of the foreign country with which the Secretary intends to enter into such an agreement; ``(2) the location at which such operations will be conducted; and ``(3) goals for BITMAP operations in the foreign country; and ``(3)(4) the terms and conditions for Department personnel operating at such location. ''. ``(f) Captured Information of United States Citizens.--The Secretary shall ensure that any biometric and biographic identification data of United States citizens that is captured by BITMAP operations is expunged from all databases to which such data was uploaded, unless the information is retained for specific law enforcement or intelligence purposes.''. (b) Report.--Not later than 180 days after the date on which the Biometric Identification Transnational Migration Alert Program (BITMAP) is established under section 447 of the Homeland Security Act of 2002 (as added by subsection (a) of this section) and annually thereafter for the following five years, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that details the effectiveness of BITMAP operations in enhancing national security, border security, and counterterrorism operations. that-- (1) outlines the strategic goals and operational plans for BITMAP; (2) outlines key efforts and the progress made with each partner country; (3) provides a description of the agreement or arrangement with the government of each partner country, if practicable; (4) provides budget information related to expenditures in support of BITMAP, including the source of funding and the anticipated expenditures; (5) sets forth the department personnel, equipment, and infrastructure support to be used by BITMAP, broken down by country and number; (6) includes the number of individuals each partner country enrolled into BITMAP during the reporting period, broken down by key categories, as determined by U.S. Immigration and Customs Enforcement; (7) includes the training, guidance, and best practices recommendations provided pursuant to section 447(b)(4) of the Homeland Security Act of 2002, as added by subsection (a); (8) includes a review of the redress process for BITMAP; and (9) details the effectiveness of BITMAP operations in enhancing national security, border security, and counterterrorism operations. (c) Briefings.--Shortly after each report is submitted pursuant to subsection (b), the Secretary of Homeland Security shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding-- (1) individuals enrolled in BITMAP who have been apprehended at the United States border or in the interior of the United States; and (2) asylum claims that were submitted by individuals who are enrolled in BITMAP; (d) GAO Audit.--Not later than 6 months after the date of the enactment of this Act, and every 3 years thereafter, the Comptroller General of the United States shall-- (1) conduct an audit that analyzes the effectiveness of BITMAP operations; and (2) submit a report containing the results of such audit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. (e) Sunset.--Section 447 of the Homeland Security Act of 2002, as added by subsection (a) shall be repealed on the date that is 6 years after the date of the enactment of this Act. (c)(f) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 446 the following new item: ``Sec. 447. Biometric Identification Transnational Migration Alert Program.''.

Biometric Identification Transnational Migration Alert Program Authorization Act of 2018 (Sec. 2) This bill amends the Homeland Security Act of 2002 to provide statutory authority for the Department of Homeland Security (DHS) Biometric Identification Transnational Migration Alert Program (BITMAP). That program was established to address and reduce national security, border security, and terrorist threats before such threats reach the international border of the United States. In carrying out BITMAP operations, U.S. Immigration and Customs Enforcement must: (1) coordinate foreign and U.S. officials to facilitate the sharing of biometric and biographic information of foreign nationals to identify and screen such nationals for terrorism and threats to national or border security; (2) provide capabilities, including training and equipment, to collect and compare biometric and biographic identification data of foreign nationals to protect against national security, border security, or terrorist threats and illegal entries; and (3) ensure that such data are incorporated into appropriate government databases. Before carrying out BITMAP operations in a foreign country, DHS must enter into an agreement with the government of such country that outlines such operations and must provide the congressional homeland security committees with a copy of the agreement.

Biometric Identification Transnational Migration Alert Program Authorization Act of 2018

SECTION 1. YUMA CROSSING NATIONAL HERITAGE AREA BOUNDARY ADJUSTMENT. Section 3(b) of the Yuma Crossing National Heritage Area Act of 2000 (16 U.S.C. 461 note; Public Law 106-319) is amended to read as follows: ``(b) Boundaries.--The Heritage Area shall be comprised generally of the riverfront and downtown areas. More specifically, the boundaries shall be as follows: ``A boundary with a true point of beginning and inclusive of a section of land located at Township 8 South, Range 22 West, Section 19 and excepting there from parcels108-16-004 and 108-16-002 and said boundary beginning at the northwest section corner in alignment with the north right-of-way line of the Colorado River Levee and thence westerly along the north right-of-way line of the Colorado River Levee a distance of 15,840 ft (+/-) to the point of intersection of the north right-of-way line of the Colorado River Levee and the centerline of Quechan Road/Penitentiary Avenue, thence southerly along the centerline of Quechan Road/Penitentiary Avenue a distance of 1,320 ft (+/-) to the point of intersection of the centerline of Quechan Road/Penitentiary Avenue and the north full bank line of the Colorado River, thence westerly along the north full bank line of the Colorado River a distance of 10,579 ft (+/-) to the point of intersection of the north full bank line of the Colorado River and the centerline of 23rd Avenue, thence southerly along the centerline of 23rd Avenue a distance of 1,320 ft (+/-) to the point of intersection of the centerline of 23rd Avenue and the southern right-of-way line of the Yuma Valley Levee/Yuma Valley Railroad right-of-way, thence easterly along the southern right- of-way line of the Yuma Valley Levee/Yuma Valley Railroad right-of-way a distance of 6,953ft (+/-) to the point of intersection of the southern right-of-way line of the Yuma Valley Levee/Yuma Valley Railroad and the centerline of Lovers Lane, thence southwesterly along the centerline of Lovers Lane a distance of 948 ft (+/-) to the point of intersection of the centerline of Lovers Lane and the centerline of First Street, thence easterly along the centerline of First Street a distance of 1,390 ft (+/-) to the point of intersection of the centerline of First Street and the centerline of the alleyway mid-block between 1st and 2nd Avenues, thence southerly along the centerline of the alleyway mid-block between 1st and 2nd Avenues a distance of 2,030 ft (+/-) to the point of intersection of the centerline of the alleyway mid-block between 1st and 2nd Avenues and the centerline of Giss Parkway, thence westerly along the centerline of Giss Parkway a distance of 190 ft (+/-) to the point of intersection of the centerline of Giss Parkway and the centerline of 2nd Avenue, thence southerly along the centerline of 2nd Avenue a distance of 660' (+/-) to the point of intersection of the centerline of 2nd Avenue and the centerline of 4th Street, thence westerly along the centerline of 4th Street a distance of 570 ft (+/-) to the point of intersection of the centerline of 4th Street and the centerline of the alleyway between 3rd and 4th Avenues, thence southerly along the centerline of the alleyway between 3rd and 4th Avenues a distance of 660 ft (+/-) to the point of intersection of the centerline of the alleyway between 3rd and 4th Avenues and the centerline of 5th Street, thence westerly along the centerline of 5th Street a distance of 190 ft (+/-) to the point of intersection of the centerline of 5th Street and the centerline of 4th Avenue, thence southerly along the centerline of 4th Avenue a distance of 660 ft (+/-) to the point of intersection of the centerline of 4th Avenue and the centerline of 6th Street, thence easterly along the centerline of 6th Street a distance of 190 ft (+/-) to the point of intersection of the centerline of 6th Street and the centerline of the alleyway between 3rd and 4th Avenues, thence southerly along the centerline of the alleyway a distance of 660 ft (+/-) to the point of intersection of the centerline of the alleyway between 3rd and 4th Avenues and the centerline of 7th Street, thence easterly along the centerline of 7th Street a distance of 190 ft (+/-) to the point of intersection of the centerline of 7th Street and the centerline of 3rd Avenue, thence southerly along the centerline of 3rd Avenue a distance of 440 ft (+/-) to the point of intersection of the centerline of 3rd Avenue and the centerline of 8th Street, thence easterly along the centerline of 8th Street a distance of 1,140 ft (+/-) to the point of intersection of the centerline of 8th Street and the centerline of Madison Avenue, thence northerly along the centerline of Madison Avenue a distance 1,765 ft (+/-) to the point of intersection of the centerline of Madison Avenue and the centerline of 5th Street, thence easterly along the centerline of 5th Street a distance of 2,035 ft (+/ -) to the point of intersection of the centerline of 5th Street and the centerline of the Union Pacific/Southern Pacific Railroad right-of-way, thence north/northwesterly along the centerline of the Union Pacific/ Southern Pacific Railroad right-of-way a distance of 5,402 ft(+/-) to the point of intersection of the centerline of the Union Pacific/ Southern Pacific Railroad right-of-way and the centerline of Prison Lane, thence east/southeasterly along the centerline of Prison Lane a distance of 535 ft (+/-) to the point of intersection of the centerline of Prison Lane and the southern right-of-way line of the Gila River Levee, thence southeasterly along the southern right-of-way line of the Gila River Levee a distance of 3,320 ft (+/-) to a point, thence easterly along the southern right-of-way line of the Gila River Levee a distance of 13,540 ft (+/-) to the southwest section corner of Township 8 South, Range 22 West, Section 19, inclusive of the section and excepting there from the aforementioned parcels, as the true point of beginning.''.

Adjusts the boundaries of the Yuma Crossing National Heritage Area to comprise generally the riverfront and downtown areas and specifies the exact boundaries of the Heritage Area.

To adjust the boundary of the Yuma Crossing National Heritage Area.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness to Local Contractors Act''. SEC. 2. ENHANCEMENT OF STATE ENFORCEMENT OF STATE TAX, EMPLOYMENT, AND LICENSING LAWS AGAINST CONSTRUCTION CONTRACTORS. (a) Requirement for State Tax Clearance From Potential Construction Contractors.-- (1) Defense contracts.--Section 2305(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(10) In order to be considered a responsible bidder or offeror for a contract for the construction of a public building, facility, or work, a bidder or offeror shall submit with the bid or offer a tax clearance from the State in which the contract is to be performed. For purposes of this paragraph, a tax clearance is a document from an appropriate State agency indicating that the bidder or offeror is in compliance with all the tax laws of the State in which the contract is to be performed.''. (2) Civilian agency contracts.--Section 303B of title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253b) is amended by adding at the end the following new subsection: ``(n) Tax Clearance.--In order to be considered a responsible bidder or offeror for a contract for the construction of a public building, facility, or work, a bidder or offeror shall submit with the bid or offer a tax clearance from the State in which the contract is to be performed. For purposes of this paragraph, a tax clearance is a document from an appropriate State agency indicating that the bidder or offeror is in compliance with all the tax laws of the State in which the contract is to be performed.''. (b) Requirement To Withhold Final Contract Payment Until Receipt of State Tax Clearance and Certification of Compliance With Employment Laws From Contractor.-- (1) Defense contracts.--Section 2307 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(j) Requirement To Withhold Final Payment.--(1) The head of an agency shall withhold final payment under a contract for the construction of a public building, facility, or work until the contractor submits to the agency both of the following: ``(A) A tax clearance from the State in which the contract is or was performed. ``(B) A certification stating that the contractor is in compliance (or was in compliance during the performance of the contract) with all applicable State laws that require employers to make payments to or for the benefit of employees, including laws relating to unemployment insurance, workers compensation, health insurance, and disability insurance. ``(2) For purposes of this subsection, a tax clearance is a document from an appropriate State agency indicating that the contractor is or was in compliance with all the tax laws of the State in which the contract is or was performed.''. (2) Civilian agency contracts.--Section 305 of title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 255) is amended by adding at the end the following new subsection: ``(h) Requirement To Withhold Final Payment.--(1) The head of an executive agency shall withhold final payment under a contract for the construction of a public building, facility, or work until the contractor submits to the agency both of the following: ``(A) A tax clearance from the State in which the contract is or was performed. ``(B) A certification stating that the contractor is in compliance (or was in compliance during the performance of the contract) with all applicable State laws that require employers to make payments to or for the benefit of employees, including laws relating to unemployment insurance, workers compensation, health insurance, and disability insurance. ``(2) For purposes of this subsection, a tax clearance is a document from an appropriate State agency indicating that the contractor is or was in compliance with all the tax laws of the State in which the contract is or was performed.''. (c) Authority To Withhold Payment to Contractor of Amounts Necessary To Meet State Tax Obligations.-- (1) Defense contracts.--Section 2307 of title 10, United States Code, is further amended by adding at the end the following new subsection: ``(k) Authority To Withhold Payment To Meet State Tax Obligations.--The head of an agency may withhold, from any payment due to a contractor under a contract made by the agency for the construction of a public building, facility, or work, an amount considered necessary by the head of the agency to pay to the State in which the contract is being performed the amount of the contractor's State tax liability that is attributable to the contract. The head of the agency that so withholds a payment may, upon request of the State in which the contract is being performed and with such documentation as the head of the agency considers necessary, pay such tax liability amount directly to the State from the withheld payment. Any amount of a withheld payment that exceeds the actual State tax liability amount shall be paid to the contractor.''. (2) Civilian agency contracts.--Section 305 of title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 255) is further amended by adding at the end the following new subsection: ``(i) Authority To Withhold Payment To Meet State Tax Obligations.--The head of an executive agency may withhold, from any payment due to a contractor under a contract made by the agency for the construction of a public building, facility, or work, an amount considered necessary by the head of the agency to pay to the State in which the contract is being performed the amount of the contractor's State tax liability that is attributable to the contract. The head of the executive agency that so withholds a payment may, upon request of the State in which the contract is being performed and with such documentation as the head of the agency considers necessary, pay such tax liability amount directly to the State from the withheld payment. Any amount of a withheld payment that exceeds the actual State tax liability amount shall be paid to the contractor.''. (d) Requirement for Construction Contractors To Obtain Applicable State Licenses.-- (1) Defense contracts.--(A) Chapter 141 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2410n. Construction contracts: requirement to obtain applicable State licenses ``The Secretary of Defense shall require, in any contract entered into by the Secretary for the construction of a public building, facility, or work which is to be performed in a State that requires persons performing the type of work to be performed under the contract to be licensed, that the contractor be so licensed.''. (B) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``2410n. Construction contracts: requirement to obtain applicable State licenses.''. (2) Civilian agency contracts.--Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is amended by adding at the end the following new section: ``SEC. 318. CONSTRUCTION CONTRACTS: REQUIREMENT TO OBTAIN APPLICABLE STATE LICENSES. ``The head of an executive agency shall require, in any contract entered into by the agency for the construction of a public building, facility, or work which is to be performed in a State that requires persons performing the type of work to be performed under the contract to be licensed, that the contractor be so licensed.''. (e) Requirement To Explain Hawaii Excise Tax in Federal Acquisition Regulation.--The Federal Acquisition Regulation shall be revised to contain provisions explaining the general excise tax law of the State of Hawaii. (f) Effective Date.--The amendments made by this Act shall apply with respect to contracts entered into after the date of the enactment of this Act.

Fairness to Local Contractors Act - Amends the Federal Property and Administrative Services Act of 1949 and defense contract law to require a bidder or offeror, to be considered a responsible bidder or offeror for the construction of a public building, facility, or work, to submit a tax clearance (a document stating that such entity is in compliance with all State tax laws) from the State in which the contract is to be performed. Requires the head of a Federal or defense agency to withhold the final payment under such a contract until the contractor submits both a tax clearance and a certification of compliance with all State laws concerning payments to employees under a contract, including unemployment insurance, workers compensation, health insurance, and disability insurance. Authorizes the head of a Federal or defense agency to: (1) withhold from any contractor payments amounts necessary to pay any State tax liability attributable to the contract; and (2) pay such amount directly to such State. Directs the Secretary of Defense or agency head to require a contractor to be licensed if the State in which a construction contract is to be performed requires a license. Requires revision of the Federal Acquisition Regulation to explain the general excise tax law of Hawaii.

To provide authorities to, and impose requirements on, the heads of executive agencies in order to facilitate State enforcement of State tax, employment, and licensing laws against Federal construction contractors.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Midewin National Tallgrass Prairie Expansion Act of 2008''. SEC. 2. TRANSFER OF ADMINISTRATIVE JURISDICTION AND LAND CONVEYANCES INVOLVING JOLIET TRAINING AREA, ILLINOIS. (a) Findings.--Congress finds the following: (1) The Midewin National Tallgrass Prairie in Will County, State of Illinois, constitutes some of the last vestiges of natural prairie ecosystems in the United States, and its administration by the Secretary of Agriculture pursuant to the Illinois Land Conservation Act of 1995 (title XXIX of Public Law 104-106; 110 Stat. 594) provides significant public benefits in resource conservation and protection, wildlife habitat, and public recreation. (2) The Joliet Training Area presently administered by the Secretary of the Army (in this section referred to as the ``JTA'') is adjacent to the Midewin National Tallgrass Prairie, but the JTA is no longer needed for military purposes. (3) The Illinois Land Conservation Act of 1995 requires the eventual incorporation of JTA into the Midewin National Tallgrass Prairie subject to meeting local land use needs as provided in such Act. (b) Map.--For purposes of this section, the JTA comprises those federally owned lands and interests in lands depicted on a map entitled ``Joliet Training Area Lands, April 2008'' (in this section referred to as the ``map''). The map shall be on file and available for public inspection in the Office of the Chief of the Forest Service. (c) Transfer of Jurisdiction.--Administrative jurisdiction over the JTA is hereby transferred, without consideration, from the Secretary of the Army to the Secretary of Agriculture. This transfer of administrative jurisdiction does not eliminate or reduce any obligation of the Secretary of the Army under the Illinois Land Conservation Act of 1995 (title XXIX of Public Law 104-106) or this section. (d) Management.-- (1) Inclusion in midewin national tallgrass prairie.--The JTA lands transferred by subsection (c) shall be administered by the Secretary of Agriculture as part of the Midewin National Tallgrass Prairie in accordance with the Illinois Land Conservation Act of 1995 (title XXIX of Public Law 104-106) and the laws and regulations pertaining to the National Forest System. (2) Management plan.--The Secretary of Agriculture shall manage the transferred lands consistent with the land and resource management plan for the Midewin National Tallgrass Prairie and include consideration of the transferred lands in the next regular update of such management plan. (3) Effect on existing rights.--The Secretary of Agriculture shall administer any valid permit, lease, or other authorization on the JTA lands transferred by subsection (c) under its existing terms, except that any renewal or modification shall be at the option of the Secretary of Agriculture on such terms and conditions as the Secretary may prescribe. (e) Conveyance to Will County.-- (1) Conveyance required.--Subject to valid existing rights, within 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall convey by quitclaim deed, without cash consideration, to Will County, Illinois, all right, title, and interest of the United States in and to the parcel of land consisting of approximately 351 acres and depicted on the map as the ``Will County Conveyance Parcel''. (2) Restrictive covenant.--The quitclaim deed shall contain restrictive covenants enforceable by the Secretary of Agriculture for the benefit of the appurtenant Federal lands and the Midewin National Tallgrass Prairie. The covenants shall require that the lands conveyed to Will County, Illinois, shall be used only for the following governmental purposes: (A) Parks and recreation. (B) Firing ranges for small arms. (C) Office and training facilities for fire fighters, police, and emergency personnel. (D) Public safety facilities (but not facilities for incarceration). (E) Offices for county and municipal governments. (3) Prohibited uses.--The lands conveyed under this subsection shall not be used for industrial or commercial purposes, including landfills, parking and transportation facilities, power generation facilities, or waste water treatment (except for wastes generated on site). (4) Reserved rights.--The quitclaim deed shall reserve in the United States-- (A) rights or easements for public and administrative access and utilities over Arsenal Road and such other rights-of-way as the Secretary of Agriculture shall designate; (B) mineral rights; (C) surface and underground waters, subject to reasonable use on site by the County; and (D) rights to permit Federal, State, and local law enforcement, public safety, and land management agencies to have access to and use of training facilities located on the property as of the date of the enactment of this Act or constructed after that date, subject to the right of Will County to manage such uses and to charge reasonable fees commensurate with use as necessary to cover its operating and maintenance costs. (5) Environmental cleanup.--With respect to the lands conveyed to Will County pursuant to this subsection, the Secretary of the Army shall comply with the requirements of section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620). (6) Administrative costs.--Will County shall cover the cost of the conveyance under this subsection, including survey and similar expenses. (f) Conveyance to CenterPoint Properties.-- (1) Conveyance required.--The Secretary of Agriculture shall convey by quitclaim deed to CenterPoint Properties, LLC (in this section referred to as ``CenterPoint''), an easement to the lands depicted on the map as the ``CenterPoint Conveyance Parcel''. (2) Purpose of easement.--The easement shall permit the holder to construct roads and railroads for access to appurtenant properties, subject to terms and conditions prescribed by the Army Corps of Engineers pursuant to section 404 of the Clean Water Act (33 U.S.C. 1344) and any other applicable law and regulation. (3) Reserved rights.--The easement shall reserve in the United States public access over any roads, and may prescribe remedies for failure to meet any of the consideration obligations of paragraph (4). (4) Consideration.--Consideration for the easement provided by this subsection shall be as follows: (A) A cash payment equal to the market value of the easement based on an appraisal prepared in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions and approved by the Forest Service. (B) An agreement or cash payment by CenterPoint to fund a wetland mitigation project prescribed by the Secretary of Agriculture and the Army Corps of Engineers that effects the permanent enhancement, restoration, and creation of wetlands and other rare flora and fauna community types on the JTA and adjacent lands. (C) An agreement by CenterPoint to pay the Secretary of Agriculture a reasonable annual fee, the amount to be established annually by the Forest Service, for the purpose of controlling invasive and exotic species and for conducting other environmental measures deemed necessary by the Forest Service on the easement areas. (D) A cash payment of $1,000,000 by CenterPoint to a nonprofit corporation established under the laws of the State of Illinois, with such corporation to be designated at the sole discretion of the Secretary of Agriculture, for purposes of establishing a charitable foundation to fund habitat restoration at the Midewin National Tallgrass Prairie. (5) Administrative costs.--CenterPoint shall cover all costs associated with the conveyance of the easement under this subsection, including costs of survey, appraisal, and document preparation, and reasonable administrative costs of the Department of Agriculture, including legal expenses. (g) Disposition of Certain Receipts.-- (1) Payment to secretary of the army.--The cash payment required by subsection (f)(4)(A) shall be paid to the Secretary of the Army, and shall be availability to the Secretary of the Army, without further appropriation and until expended, for any purposes authorized under existing law. (2) Payment to secretary of agriculture.--The cash payments required by subsections (f)(4)(B) and (f)(4)(C) shall be deposited into the MNP Rental Fee Account established under section 2915(c) of the Illinois Land Conservation Act of 1995 (title XXIX of Public Law 104-106; 110 Stat. 601), to be merged with other funds in the MNP Rental Fee Account and availability to the same extent and for the same purposes as other funds in the MNP Rental Fee Account. Monies so deposited into the MNP Rental Fee Account shall not be subject to transfer or reprogramming for wildland fire management or any other purpose (h) Environmental Cleanup.-- (1) Obligations and liabilities.--With respect to the lands comprising the JTA, the Secretary of the Army shall have the same obligations and liabilities for environmental clean up as enumerated in sections 2912(c), 2912(d), and 2913 of the Illinois Land Conservation Act of 1995 (title XXIX of Public Law 104-106; 110 Stat. 597, 598). (2) Preliminary assessment/site inspection.--Within 180 days after the date of the enactment of this Act, the Secretary of the Army shall provide a Preliminary Assessment/Site Inspection to the Secretary of Agriculture for the lands comprising the JTA. (3) Remediation plans.--Within 1 year after the date of the enactment of this Act, the Secretary of the Army shall develop and provide to the Secretary of Agriculture plans to remediate the Recognized Environmental Conditions identified by the Preliminary Assessment/Site Inspection. (4) Completion of remediation.--Within 2 years after the date of the enactment of this Act, the Secretary of the Army shall certify to the Secretary of Agriculture that all remediation activities have been completed. (i) Records.--Within 1 year after the date of the enactment of this Act, the Secretary of the Army shall transfer to the Secretary of Agriculture all original records pertaining to land titles, surveys, utilities, and other records pertaining to the JTA. (j) Prairie Restoration Fund Amendment.--Section 2915(f) of the Illinois Land Conservation Act of 1995 (title XXIX of Public Law 104- 106; 110 Stat. 602) is amended by striking the first two sentences and inserting the following new sentences: ``Monies collected pursuant to subsections (d) and (e), as well as any other monies collected or received with regard to the MNP as may be provided by law, shall be covered into the Treasury and constitute a special fund known as the `Midewin National Tallgrass Prairie Restoration Fund' which funds shall be available until expended, without further appropriation, for purposes of or related to the Midewin National Tallgrass Prairie as provided in section subsections (c), (d), and (e) of section 2914. Monies deposited into the Fund shall not be subject to transfer or reprogramming for wildland fire management or any other emergency purpose unless specifically authorized by Congress.''.

Midewin National Tallgrass Prairie Expansion Act of 2008 - Transfers administrative jurisdiction over the Joliet Training Area (JTA) from the Secretary of the Army to the Secretary of Agriculture. Directs the Secretary of Agriculture to convey a specified parcel of land to Will County, Illinois. Requires the deed for such land to contain restrictive covenants enforceable by such Secretary for the benefit of the appurtenant federal lands and the Midewin National Tallgrass Prairie. Requires the conveyed lands to only be used for: (1) parks and recreation; (2) firing ranges for small arms; (3) office and training facilities for fire fighters, police, and emergency personnel; (4) public safety facilities (but not for incarceration); and (5) offices for county and municipal governments. Prohibits the use of such lands for industrial or commercial purposes. Provides for environmental remediation of the lands conveyed to the county. Directs the Secretary of Agriculture to convey to CenterPoint Properties, LLC, an easement to specified lands to permit the construction of roads and railroads for access to appurtenant properties. Provides for certain cash payments. Requires the Secretary of the Army to provide a preliminary assessment/site inspection to the Secretary of Agriculture for the lands comprising the JTA and to develop plans for remediation of the recognized environmental conditions identified by the preliminary assessment/site inspection.

To transfer administrative jurisdiction over the Joliet Training Area in Will County, Illinois, to the Secretary of Agriculture for inclusion in the Midewin National Tallgrass Prairie, to provide for the conveyance of several parcels of the Joliet Training Area, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mobilized Reserve Savings Account Act''. SEC. 2. DEDUCTION FOR CONTRIBUTIONS TO SAVINGS ACCOUNTS OF ARMED FORCES RESERVES. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (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. CONTRIBUTIONS TO ARMED FORCES RESERVE SAVINGS ACCOUNTS. ``(a) Deduction Allowed.-- ``(1) In general.--In the case of an individual who is a qualified reservist, there shall be allowed as a deduction for the taxable year an amount equal to the contributions of the individual to an Armed Forces reserve savings account of the individual for the taxable year. ``(2) Maximum amount.--The amount allowable as a deduction under subsection (a) to any individual for a taxable year shall not exceed the lesser of-- ``(A) $5,000, or ``(B) $25,000, reduced by the aggregate contributions by such individual to Armed Forces reserve savings accounts for all preceding taxable years. ``(b) Qualified Reservist.--For purposes of this section, the term `qualified reservist' means an individual who, on the last day of the taxable year, is a member of a reserve component of the Armed Forces. ``(c) Armed Forces Reserve Savings Account.--For purposes of this section, the term `Armed Forces reserve savings account' means a trust created or organized in the United States for the exclusive benefit of an individual and the individual's beneficiaries, but only if the written governing instrument creating the trust meets the following requirements: ``(1) No contribution will be accepted unless it is in cash. ``(2) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which that person will administer the trust will be consistent with the requirements of this section. ``(3) No part of the trust assets will be invested in life insurance contracts. ``(4) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(5) The interest of an individual in the balance of the individual's account is nonforfeitable. ``(d) Tax Treatment of Distributions.-- ``(1) In general.--Except as otherwise provided in this subsection, any amount paid or distributed out of an Armed Forces reserve savings account shall be included in the gross income of the payee or distributee for the taxable year in which the payment or distribution is received in the manner provided under section 72. ``(2) Excess contributions returned before due date of return.--Paragraph (1) shall not apply to the distribution of any contribution paid during a taxable year to an Armed Forces reserve savings account to the extent that such contribution exceeds the amount allowable as a deduction under subsection (a) if-- ``(A) such distribution is received on or before the day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, ``(B) no deduction is allowed under subsection (a) with respect to such excess contribution, and ``(C) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in subparagraph (C) shall be included in the gross income of the individual for the taxable year in which such excess contribution was made. ``(3) Rollover contribution.-- ``(A) In general.--Paragraph (1) shall not apply to any amount paid or distributed from an Armed Forces reserve savings account to the account holder to the extent the amount received is paid to another such account for the benefit of such holder not later than the 60th day on which the holder receives the payment or distribution. ``(B) Limitation.--If an individual receives more than 1 payment or distribution during any 12-month period, this paragraph shall not apply to any such payment or distribution to the individual if this paragraph previously applied to any such payment or distribution. ``(4) Additional tax on certain distributions.-- ``(A) In general.--The tax imposed by this chapter on the account holder for any taxable year in which there is a payment or distribution from an Armed Forces reserve account which is includible in gross income shall be increased by 10 percent of the amount which is so includible. ``(B) Exceptions related to military service.-- Subparagraph (A) shall not apply if the payment or distribution is made-- ``(i) during any period during which the account holder is serving on active duty to which called or ordered under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code, or ``(ii) after the account holder ceases to be a member of a reserve component of the Armed Forces or is transferred to the retired list of such a reserve component. For purposes of clause (i), a payment made during the 60-day period immediately preceding or following the period described in clause (i) shall be treated as made during the period so described. ``(C) Exceptions for disability or death.-- Subparagraph (A) shall not apply if the payment or distribution is made after the account holder becomes disabled within the meaning of section 72(m)(7) or dies. ``(5) Investment in collectibles treated as distributions.--Rules similar to the rules of section 408(m) shall apply for purposes of this section. ``(e) Tax Treatment of Accounts.-- ``(1) Exemption from tax.--An Armed Forces reserve savings account is exempt from taxation under this subtitle unless such account has ceased to be an Armed Forces reserve savings account by reason of paragraph (2). Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(2) Loss of exemption of account where individual engages in prohibited transaction.-- ``(A) In general.--If the individual for whose benefit an Armed Forces reserve savings account is established or any individual who contributes to such account engages in any transaction prohibited by section 4975 with respect to the account, the account shall cease to be an Armed Forces reserve savings account as of the first day of the taxable year (of the individual so engaging in such transaction) during which such transaction occurs. ``(B) Account treated as distributing all its assets.--In any case in which any account ceases to be an Armed Forces reserve savings account by reason of subparagraph (A) as of the first day of any taxable year, paragraph (1) of subsection (d) shall apply as if there was a distribution on such first day in an amount equal to the fair market value (on such first day) of all assets in the account (on such first day). ``(3) Effect of pledging account as security.--If, during any taxable year, the individual for whose benefit an Armed Forces reserve savings account is established uses the account or any portion thereof as security for a loan, the portion so used shall be treated as distributed to the individual so using such portion. ``(f) Special Rules.-- ``(1) Time when contributions deemed made.--A taxpayer shall be deemed to have made a contribution to an Armed Forces reserve savings account on the last day of the preceding taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof). ``(2) Death and divorce.--Rules similar to the rules of sections 401(a)(9), 401(a)(11), and 408(d)(6) shall apply for purposes of this section. ``(3) Community property laws.--This section shall be applied without regard to any community property laws. ``(g) Reports.--The trustee of an Armed Forces reserve savings account shall make such reports regarding such account to the Secretary and to the account holder with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by those regulations.'' (b) Allowance of Deduction in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code (defining adjusted gross income) is amended by inserting after paragraph (18) the following new paragraph: ``(19) Contributions to armed forces reserve savings accounts.--The deduction allowed by section 223(a).'' (c) Tax on Excess Contributions.--Section 4973 of such Code (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended-- (1) in subsection (a), by striking ``or'' at the end of paragraph (3), by inserting ``or'' at the end of paragraph (4), and by inserting after paragraph (4) the following new paragraph: ``(5) an Armed Forces reserve savings account (as defined in section 223(c)),'', and (2) by adding at the end the following new subsection: ``(g) Excess Contributions to an Armed Forces Reserve Savings Account.--For purposes of this section, in the case of an Armed Forces reserve savings account, the term `excess contributions' means the sum of-- ``(1) the aggregate amount contributed for the taxable year to the account which is not allowable as a deduction under section 223 for such taxable year, and ``(2) the amount determined under this subsection for the preceding taxable year, reduced by-- ``(A) the distributions out of the accounts which were included in gross income under section 223(d)(1) for the taxable year, over ``(B) the amount contributed to the accounts for the taxable year. For purposes of this subsection, any contribution which is distributed out of the Armed Forces reserve savings account in a distribution to which section 223(d)(2) applies shall be treated as an amount not contributed.''. (d) Tax on Prohibited Transactions.--Section 4975 of such Code (relating to prohibited transactions) is amended-- (1) by adding at the end of subsection (c) the following new paragraph: ``(6) Special rule for armed forces reserve savings accounts.--An individual for whose benefit an Armed Forces reserve savings account is established and any contributor to such account shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be an Armed Forces reserve savings account by reason of the application of section 223 to such account.'', and (2) in subsection (e)(1), by striking ``or'' at the end of subparagraph (E), by redesignating subparagraph (F) as subparagraph (G), and by inserting after subparagraph (E) the following new subparagraph: ``(F) an Armed Forces reserve savings account described in section 223, or''. (e) Failure To Provide Reports on Armed Forces Reserve Savings Accounts.--Paragraph (2) of section 6693(a) of such Code (relating to failure to provide reports on certain tax-favored accounts or annuities) is amended by striking ``and'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(E) section 223(g) (relating to Armed Forces reserve savings accounts).''. (f) Conforming Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 223 and inserting the following new items: ``Sec. 223. Contributions to Armed Forces reserve savings accounts. ``Sec. 224. Cross reference.'' (g) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Mobilized Reserve Savings Account Act - Amends the Internal Revenue Code to allow a qualified armed forces reservist to deduct annual contributions to an Armed Forces reserve savings account (as defined by this Act). Limits annual contributions to the lesser of $5,000, or $25,000 reduced by previous contributions to such accounts.Treats account distributions from deductible contributions as taxable income. Provides an additional ten percent tax unless the distribution is made: (1) while the account holder is serving on active duty (including the 60-day period immediately preceding or following such period); or (2) after the account holder ceases to be a member of a reserve component or is transferred to such component's retired list.Exempts an Armed Forces reserve savings account from taxation unless such account has ceased to be an Armed Forces reserve savings account due to a prohibited transaction by a contributor or a person for whose benefit such account was established.

A bill to amend the Internal Revenue Code of 1986 to allow a deduction to members of the Armed Forces reserves for contributions to savings accounts which may be used when the members are called to active duty.

SECTION 1. FINDINGS. Congress finds that-- (1) Oliver L. Brown is the namesake of the landmark United States Supreme Court decision of 1954, Brown v. Board of Education (347 U.S. 483, 1954); (2) Oliver L. Brown is honored as the lead plaintiff in the Topeka, Kansas case which posed a legal challenge to racial segregation in public education; (3) by 1950, African-American parents began to renew their efforts to challenge State laws that only permitted their children to attend certain schools, and as a result, they organized through the National Association for the Advancement of Colored People (the NAACP), an organization founded in 1909 to address the issue of the unequal and discriminatory treatment experienced by African-Americans throughout the country; (4) Oliver L. Brown became part of the NAACP strategy led first by Charles Houston and later by Thurgood Marshall, to file suit against various school boards on behalf of such parents and their children; (5) Oliver L. Brown was a member of a distinguished group of plaintiffs in cases from Kansas (Brown v. Board of Education), Delaware (Gebhart v. Belton), South Carolina (Briggs v. Elliot), and Virginia (Davis v. County School Board of Prince Edward County) that were combined by the United States Supreme Court in Brown v. Board of Education, and in Washington, D.C. (Bolling v. Sharpe), considered separately by the Supreme Court with respect to the District of Columbia; (6) with respect to cases filed in the State of Kansas-- (A) there were 11 school integration cases dating from 1881 to 1949, prior to Brown v. Board of Education in 1954; (B) in many instances, the schools for African- American children were substandard facilities with out- of-date textbooks and often no basic school supplies; (C) in the fall of 1950, members of the Topeka, Kansas chapter of the NAACP agreed to again challenge the ``separate but equal'' doctrine governing public education; (D) on February 28, 1951, the NAACP filed their case as Oliver L. Brown et al. v. The Board of Education of Topeka Kansas (which represented a group of 13 parents and 20 children); (E) the district court ruled in favor of the school board and the case was appealed to the United States Supreme Court; (F) at the Supreme Court level, the case was combined with other NAACP cases from Delaware, South Carolina, Virginia, and Washington, D.C. (which was later heard separately); and (G) the combined cases became known as Oliver L. Brown et al. v. The Board of Education of Topeka, et al.; (7) with respect to the Virginia case of Davis et al. v. Prince Edward County Board of Supervisors-- (A) one of the few public high schools available to African-Americans in the State of Virginia was Robert Moton High School in Prince Edward County; (B) built in 1943, it was never large enough to accommodate its student population; (C) the gross inadequacies of these classrooms sparked a student strike in 1951; (D) the NAACP soon joined their struggles and challenged the inferior quality of their school facilities in court; and (E) although the United States District Court ordered that the plaintiffs be provided with equal school facilities, they were denied access to the schools for white students in their area; (8) with respect to the South Carolina case of Briggs v. R.W. Elliott-- (A) in Clarendon County, South Carolina, the State NAACP first attempted, unsuccessfully and with a single plaintiff, to take legal action in 1947 against the inferior conditions that African-American students experienced under South Carolina's racially segregated school system; (B) by 1951, community activists convinced African- American parents to join the NAACP efforts to file a class action suit in United States District Court; (C) the court found that the schools designated for African-Americans were grossly inadequate in terms of buildings, transportation, and teacher salaries when compared to the schools provided for white students; and (D) an order to equalize the facilities was virtually ignored by school officials, and the schools were never made equal; (9) with respect to the Delaware cases of Belton v. Gebhart and Bulah v. Gebhart-- (A) first petitioned in 1951, these cases challenged the inferior conditions of 2 African- American schools; (B) in the suburb of Claymont, Delaware, African- American children were prohibited from attending the area's local high school, and in the rural community of Hockessin, Delaware, African-American students were forced to attend a dilapidated 1-room schoolhouse, and were not provided transportation to the school, while white children in the area were provided transportation and a better school facility; (C) both plaintiffs were represented by local NAACP attorneys; and (D) though the State Supreme Court ruled in favor of the plaintiffs, the decision did not apply to all schools in Delaware; (10) with respect to the District of Columbia case of Bolling, et al. v. C. Melvin Sharpe, et al.-- (A) 11 African-American junior high school students were taken on a field trip to Washington, D.C.'s new John Philip Sousa School for white students only; (B) the African-American students were denied admittance to the school and ordered to return to their inadequate school; and (C) in 1951, a suit was filed on behalf of the students, and after review with the Brown case in 1954, the United States Supreme Court ruled that segregation in the Nation's capitol was unconstitutional; (11) on May 17, 1954, at 12:52 p.m., the United States Supreme Court ruled that the discriminatory nature of racial segregation ``violates the 14th Amendment to the Constitution, which guarantees all citizens equal protection of the laws''; (12) the decision in Brown v. Board of Education set the stage for dismantling racial segregation throughout the country; (13) the quiet courage of Oliver L. Brown and his fellow plaintiffs asserted the right of African-American people to have equal access to social, political, and communal structures; (14) our country is indebted to the work of the NAACP Legal Defense and Educational Fund, Inc., Howard University Law School, the NAACP, and the individual plaintiffs in the cases considered by the Supreme Court; (15) Reverend Oliver L. Brown died in 1961, and because the landmark United States Supreme Court decision bears his name, he is remembered as an icon for justice, freedom, and equal rights; and (16) the national importance of the Brown v. Board of Education decision had a profound impact on American culture, affecting families, communities, and governments by outlawing racial segregation in public education, resulting in the abolition of legal discrimination on any basis. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.-- (1) In general.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of the Reverend Oliver L. Brown, in recognition of his and his fellow plaintiffs' enduring contributions to civil rights and American society. (2) Display.--The medal presented under paragraph (1) shall be maintained and displayed at the Brown Foundation of Topeka, Kansas. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 4. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 5. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority to Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 3 shall be deposited into the United States Mint Public Enterprise Fund.

Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the posthumous presentation, on behalf of Congress, of a gold medal in commemoration of the Reverend Oliver L. Brown (the lead plaintiff in the landmark U.S. Supreme Court decision in Brown v. Board of Education) in recognition of his and his fellow plaintiffs' enduring contributions to civil rights and American society.

A bill to posthumously award a Congressional Gold Medal to the Reverend Oliver L. Brown.

SECTION 1. ROLLOVER CONTRIBUTIONS FROM DEFERRED COMPENSATION PLANS OF STATE AND LOCAL GOVERNMENTS. (a) Rollovers From Section 457 Plans.-- (1) In general.--Section 457(e) of the Internal Revenue Code of 1986 (relating to other definitions and special rules) is amended by adding at the end the following: ``(16) Rollover amounts.-- ``(A) General rule.--In the case of an eligible deferred compensation plan of an eligible employer described in paragraph (1)(A), if-- ``(i) any portion of the balance to the credit of an employee in such plan is paid to such employee in a rollover distribution (other than a distribution described in subsection (d)(1)(A)(iii) or in subparagraph (A) or (B) of section 402(c)(4)), ``(ii) the employee transfers any portion of the property such employee receives in such distribution to an individual retirement plan (as defined in section 7701(a)(37)), and ``(iii) in the case of a distribution of property other than money, the amount so transferred consists of the property distributed, then such distribution (to the extent so transferred) shall not be includible in gross income for the taxable year in which paid. ``(B) Certain rules made applicable.--Rules similar to the rules of section 401(a)(31), paragraphs (2), (3), (5), (6), (7), and (9) of section 402(c), and section 402(f) shall apply for purposes of subparagraph (A).''. (2) Distribution requirements.--Section 457(d)(1)(A) of such Code (relating to distribution requirements) is amended by inserting ``except as provided in subsection (e)(16),'' after ``(A)''. (3) Conforming amendments.-- (A) Section 72(o)(4) of such Code is amended-- (i) by striking ``and 408(d)(3)'' and inserting ``408(d)(3), and 457(e)(16)'', (ii) by inserting ``or excludable'' after ``deductible'' each place it appears, and (iii) in the heading by inserting ``or Excludable'' after ``Deductible''. (B) Section 219(d)(2) of such Code is amended by striking ``or 408(d)(3)'' and inserting ``408(d)(3), or 457(e)(16)''. (C) Section 401(a)(31)(B) of such Code is amended by striking ``and 403(a)(4)'' and inserting ``, 403(a)(4), and 457(e)(16)''. (D) Paragraph (4) of section 402(c) of such Code is amended by inserting ``or in an eligible deferred compensation plan (as defined in section 457(b)) of an eligible employer described in section 457(e)(1)(A)'' after ``qualified trust''. (E) Section 408(a)(1) of such Code is amended by striking ``or 403(b)(8)'' and inserting ``, 403(b)(8), or 457(e)(16)''. (F) Section 408(d)(3)(A)(ii) of such Code is amended by striking ``or'' after ``501(a)'' and inserting a comma, and by inserting ``, or from an eligible deferred compensation plan described in section 457(b)'' after ``contribution)''. (G) The first sentence of subsection (e) of section 408A of such Code is amended-- (i) by inserting ``, from an eligible deferred compensation plan (as defined in section 457(b)),'' after ``account'', and (ii) by inserting before the period the following: ``or in the case of such eligible deferred compensation plan section 457(e)(16)''. (H) Subparagraphs (A) and (B) of section 415(b)(2) of such Code are each amended by striking ``and 408(d)(3)'' and inserting ``408(d)(3), and 457(e)(16)''. (I) Section 4973(b)(1)(A) of such Code is amended by striking ``or 408(d)(3)'' and inserting ``408(d)(3), or 457(e)(16)''. (b) Effective Date.--The amendments made by this section shall apply to distributions after December 31, 1998. SEC. 2. STATE AND LOCAL GOVERNMENTS ELIGIBLE UNDER SECTION 401(K). (a) In General.--Subparagraph (B) of section 401(k)(4) of the Internal Revenue Code of 1986 (relating to eligibility of State and local governments and tax-exempt organizations) is amended by striking clause (ii) and redesignating clause (iii) as clause (ii). (b) Conforming Amendment.--Clause (i) of section 401(k)(4)(B) of such Code is amended by striking ``Except as provided in clause (ii), any'' and inserting ``Any''. (c) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 1998.

Amends the Internal Revenue Code to allow: (1) a rollover contribution to an individual retirement account from a State or local government deferred compensation plan (section 457 plan); and (2) such an entity to maintain a 401k plan.

To amend the Internal Revenue Code of 1986 to allow roll-over contributions to individual retirement plans from deferred compensation plans maintained by States and local governments and to allow State and local governments to maintain 401(k) plans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Opioid Overdose Reduction Act of 2014''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Overdoses from opioids have increased dramatically in the United States. (2) Deaths from drug overdose, largely from prescription pain relievers, have tripled among men and increased fivefold among women over the past decade. (3) Nationwide, drug overdoses now claim more lives than car accidents. (4) Death from heroin and other opioid overdoses can be prevented if the person who overdosed is timely administered an opioid overdose drug. (5) Medical personnel as well as non-medical personnel can be trained to administer opioid overdose drugs safely and effectively. (6) Several States, including Massachusetts, have established programs allowing for the administration of opioid overdose drugs by non-medical personnel, and those programs have saved lives. (7) The willingness of medical and non-medical personnel to administer opioid overdose drugs may be deterred by potential civil liability, and the willingness of physicians to prescribe opioid overdose drugs to persons other than a patient may also be deterred by potential civil liability. (b) Purpose.--The purpose of this Act is to save the lives of people who intentionally or inadvertently overdose on heroin or other opioids by providing certain protections from civil liability with respect to the emergency administration of opioid overdose drugs. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``health care professional'' means a person licensed by a State to prescribe prescription drugs; (2) the term ``opioid overdose drug'' means a drug that, when administered, reverses in whole or part the pharmacological effects of an opioid overdose in the human body; and (3) the term ``opioid overdose program'' means a Federal, State, or local agency program or a program funded by a Federal, State, or local government that works to prevent opioid overdoses by, in part, providing opioid overdose drugs and education to individuals at risk of experiencing an opioid overdose or to a family member, friend, or other individual in a position to assist an individual at risk of experiencing an opioid overdose. SEC. 4. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY. (a) Preemption.--Except as provided in subsection (b), this Act preempts the law of a State to the extent that such law is inconsistent with this Act, except that this Act shall not preempt any State law that provides additional protection from liability relating to the administration of opioid overdose drugs or that shields from liability any person who provides or administers opioid overdose drugs. (b) Election of State Regarding Nonapplicability.--Sections 5, 6, and 7 shall not apply to any civil action in a State court against a person who administers opioid overdose drugs if-- (1) all parties to the civil action are citizens of the State in which such action is brought; and (2) the State enacts legislation in accordance with State requirements for enacting legislation-- (A) citing the authority of this subsection; (B) declaring the election of the State that such sections 5, 6, and 7 shall not apply, as of a date certain, to any civil actions covered by this Act; and (C) containing no other provisions. SEC. 5. LIMITATION ON CIVIL LIABILITY FOR HEALTH CARE PROFESSIONALS WHO PROVIDE OPIOID OVERDOSE DRUGS. (a) In General.--Notwithstanding any other provision of law, a health care professional who prescribes or provides an opioid overdose drug to an individual at risk of experiencing an opioid overdose, or who prescribed or provided an opioid overdose drug to a family member, friend, or other individual in a position to assist an individual at risk of experiencing an opioid overdose, shall not be liable for harm caused by the use of the opioid overdose drug if the individual to whom such drug is prescribed or provided has been educated about opioid overdose prevention and treatment by the health care professional or as part of an opioid overdose program. (b) Exception.--Subsection (a) shall not apply to a health care professional if the harm was caused by the gross negligence or reckless misconduct of the health care professional. SEC. 6. LIMITATION ON CIVIL LIABILITY FOR INDIVIDUALS WORKING FOR OR VOLUNTEERING AT A STATE OR LOCAL AGENCY OPIOID OVERDOSE PROGRAM. (a) In General.--Notwithstanding any other provision of law, except as provided in subsection (b), no individual who provides an opioid overdose drug shall be liable for harm caused by the emergency administration of an opioid overdose drug by another individual if the individual who provides such drug-- (1) works for or volunteers at an opioid overdose program; and (2) provides the opioid overdose drug as part of the opioid overdose program to an individual authorized by the program to receive an opioid overdose drug. (b) Exception.--Subsection (a) shall not apply if the harm was caused by the gross negligence or reckless misconduct of the individual who provides the drug. SEC. 7. LIMITATION ON CIVIL LIABILITY FOR INDIVIDUALS WHO ADMINISTER OPIOID OVERDOSE DRUGS. (a) In General.--Notwithstanding any other provision of law, except as provided in subsection (b), no individual shall be liable for harm caused by the emergency administration of an opioid overdose drug to an individual who has or reasonably appears to have suffered an overdose from heroin or other opioid, if-- (1) the individual who administers the opioid overdose drug obtained the drug from a health care professional or as part of an opioid overdose program; and (2) was educated by the health care professional or an opioid overdose program in the proper administration of the opioid antagonist drug. (b) Exception.--Subsection (a) shall not apply to an individual if the harm was caused by the gross negligence or reckless misconduct of the individual who administers the drug.

Opioid Overdose Reduction Act of 2014 - Exempts from liability for harm caused by the emergency administration of an opioid overdose drug: a health care professional who prescribes or provides such a drug to an individual at risk of experiencing an opioid overdose, or to another person in a position to assist such individual, if the individual has been educated about opioid overdose prevention and treatment by the health care professional or as part of a government opioid overdose program; a person who provides such a drug for emergency administration to an individual authorized to receive it as part of an opioid overdose program; and a person who provides for emergency administration of such a drug to an individual who reasonably appears to have suffered an overdose from heroin or another opioid if such person obtained such drug from a health care professional or as part of an opioid overdose program and was educated by such professional or program in the proper administration of such drug. Makes such exemptions inapplicable if the harm was caused by gross negligence or reckless misconduct.

Opioid Overdose Reduction Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expand School Meals Act of 2009''. TITLE I--TRANSITION PERIOD SEC. 101. PHASED-IN INCREASE IN INCOME ELIGIBILITY GUIDELINES FOR FREE SCHOOL LUNCHES AND BREAKFASTS. Section 9(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)) is amended-- (1) in paragraph (1), by redesignating subparagraph (B) as subparagraph (E); (2) by striking ``(b)(1)(A) Not'' and inserting the following: ``(b) Income Eligibility Guidelines.-- ``(1) Establishment.-- ``(A) In general.--Not''; (3) in subparagraph (A)-- (A) by striking the second sentence and inserting the following: ``(B) Free lunches.--The income guidelines for determining eligibility for free lunches shall be the following percentage of the applicable family size income levels contained in the nonfarm income poverty guidelines prescribed by the Office of Management and Budget, as adjusted annually in accordance with subparagraph (E): ``(i) For the school year beginning July 1, 2010, 144 percent. ``(ii) For the school year beginning July 1, 2011, 158 percent. ``(iii) For the school year beginning July 1, 2012, 172 percent.''; (B) in the third sentence-- (i) by striking ``The income'' and inserting the following: ``(C) Reduced price lunches.--The income''; and (ii) by striking ``subparagraph (B)'' and inserting ``subparagraph (E)''; and (C) in the fourth sentence, by striking ``The Office'' and inserting the following: ``(D) Frequency of revisions.--The Office''; and (4) in subparagraph (E) (as redesignated by paragraph (1))-- (A) by striking ``The revision'' and inserting the following: ``(E) Amount of revisions.--The revision''; and (B) by striking ``subparagraph (A) of this paragraph'' and inserting ``subparagraph (D)''. SEC. 102. PERIOD OF EFFECTIVENESS. The amendments made by section 101 shall be effective only during the period beginning on the date of enactment of this Act and ending on June 30, 2013. TITLE II--PERMANENT CHANGE SEC. 201. FREE LUNCH ELIGIBILITY. (a) In General.--Section 9(b)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(1)) is amended-- (1) by redesignating subparagraph (B) as subparagraph (D); (2) by striking ``(b)(1)(A) Not'' and inserting the following: ``(b) Income Eligibility Guidelines.-- ``(1) Establishment.-- ``(A) In general.--Not''; (3) in subparagraph (A)-- (A) in the first sentence, by striking ``and reduced price''; (B) by striking ``The income guidelines for determining eligibility for free lunches shall be 130 percent'' and inserting the following: ``(B) Free lunches.--The income guidelines for determining eligibility for free lunches shall be 185 percent.''; (C) by striking the third sentence; and (D) by striking ``The Office'' and inserting the following: ``(C) Frequency of revisions.--The Office''; and (4) in subparagraph (D) (as redesignated by paragraph (1))-- (A) by striking ``(D) The'' and inserting the following: ``(D) Amount of revisions.--The''; and (B) by striking ``subparagraph (A) of this paragraph'' and inserting ``subparagraph (C)''. (b) Conforming Amendments.-- (1) Section 9 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758) is amended-- (A) in subsection (b)-- (i) by striking ``free and reduced price'' each place it appears (other than paragraph (7)) and inserting ``free''; (ii) by striking ``free or reduced price'' each place it appears and inserting ``free''; (iii) in paragraph (2)(B)(i), by striking ``, and shall contain'' and all that follows through ``or reduced price lunches''; (iv) in paragraph (3)-- (I) in subparagraph (E)(iii), by striking ``free or reduced-price'' each place it appears and inserting ``free''; and (II) in subparagraph (F)-- (aa) in clause (i), by striking ``Subject to clauses (ii) and (iii)'' and inserting ``Subject to clause (ii),''; (bb) in clause (ii)(II), by striking ``133 percent'' both places it appears in items (aa) and (bb) and inserting ``185 percent''; (cc) by striking clause (iii); and (dd) by redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively; (v) in paragraph (7)-- (I) in the paragraph heading, by striking ``and reduced price'' and inserting ``meals''; (II) by striking ``and reduced price policy'' each place it appears and inserting ``meals policy''; and (III) in subparagraph (B), by striking ``and reduced price meals'' and inserting ``meals''; (vi) in paragraph (9)-- (I) in the paragraph heading, by striking ``and reduced price''; (II) by striking subparagraph (B); and (III) by redesignating subparagraph (C) as subparagraph (B); (vii) in paragraph (10), by striking ``or a reduced price lunch''; and (viii) in paragraph (11), in the first sentence, by striking ``or reduced price lunches''; (B) in subsection (c), in the third sentence, by striking ``or at a reduced cost''; (C) in subsection (d), by striking ``or reduced price'' each place it appears; and (D) in subsection (e), by striking ``, reduced price,''. (2) Section 11 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a) is amended-- (A) in subsection (a)-- (i) in paragraph (1)-- (I) in subparagraph (A), by striking ``and the product obtained by multiplying'' and all that follows through ``for such fiscal year''; (II) in subparagraph (B)-- (aa) by striking ``or reduced price lunches'' the first place it appears; (bb) by striking ``or reduced price lunches, as the case may be''; and (cc) by striking ``and reduced price lunches''; (III) in subparagraph (C)-- (aa) in clause (ii), by striking ``or reduced price lunches or breakfasts'' each place it appears; and (bb) in clause (iii), by striking ``or reduced price''; and (IV) in subparagraph (D), by striking ``and reduced price lunches'' each place it appears in clauses (iii) and (iv); (ii) in paragraph (2), by striking ``and the special assistance factor for reduced price'' and all that follows through ``free lunches''; and (iii) in paragraph (3)(B)(iii)(I), by striking ``or reduced price''; (B) in subsection (b), in the first sentence, by striking ``and reduced price''; (C) in subsection (d), by striking ``and the average number of children who received reduced price lunches'' each place it appears paragraphs (1) and (2); and (D) in subsection (e)-- (i) in the second sentence, by striking ``, and shall serve meals at a reduced price'' and all that follows through ``such section''; and (ii) in the third sentence, by striking ``or reduced priced''. (3) Section 12(l)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)(4)) is amended-- (A) in subparagraph (C), by striking ``and reduced price''; (B) by striking subparagraph (D); (C) in subparagraph (H), by striking ``or reduced price''; and (D) by redesignating subparagraphs (E) through (M) as subparagraphs (D) through (L). (4) Section 13 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761) is amended-- (A) in subsection (a)-- (i) in paragraph (1)(C)-- (I) by striking ``or reduced price''; and (II) by striking ``and reduced price''; and (ii) in paragraph (5), by striking ``or reduced price''; and (B) in subsection (f)(3), by striking ``or reduced price''. (5) Section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) is amended-- (A) in subsection (a)(2)(B)(i), by striking ``or reduced price''; (B) in subsection (c)-- (i) in paragraph (1), by inserting ``(as calculated on the day before the date of enactment of the Expand School Meals Act of 2009)'' after ``lunches, reduced price lunches''; (ii) in paragraph (2), by inserting ``(as calculated on the day before the date of enactment of the Expand School Meals Act of 2009)'' after ``breakfasts, reduced price breakfasts''; and (iii) by striking paragraph (4) and inserting the following: ``(4) Determinations.-- ``(A) Free meals.--Determinations with regard to eligibility for free meals and supplements shall be made in accordance with the income eligibility guidelines for free lunches under section 9. ``(B) Reduced price meals.--Determinations with regard to eligibility for reduced price meals and supplements shall be made in accordance with the income eligibility guidelines for reduced price lunches under section 9, as in effect on the day before the date of enactment of the Expand School Meals Act of 2009.''; (C) in subsection (f)(3)-- (i) by striking ``or reduced price'' each place it appears; and (ii) in subparagraph (A)(iii)(II)(aa), in the item heading, by striking ``or reduced price''; and (D) in subsection (r)(1)(B), by striking ``or reduced price''. (6) Section 17A(c)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766a(c)(1)) is amended in the matter preceding subparagraph (A) by striking ``or reduced price''. (7) Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by striking subsection (i). (8) Section 19 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769a) is amended-- (A) by striking ``or reduced price'' each place it appears; and (B) by striking ``and reduced price'' each place it appears. (9) Section 20(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769b(b)) is amended by striking ``and reduced price''. (10) Section 21(a)(1)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769b-1(a)(1)(B)) is amended-- (A) in the matter preceding clause (i), by striking ``or reduced price''; and (B) in clause (iii), by striking ``and reduced price''. (c) Transition Rules.--The Secretary of Agriculture shall carry out the amendments made by paragraphs (2) and (8) of subsection (b) in accordance with transition rules established by the Secretary. SEC. 202. FREE BREAKFAST ELIGIBILITY. (a) In General.--Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1733) is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (A)(i)(II)-- (I) by striking ``, for reduced price breakfasts,''; and (II) by striking ``or reduced price''; (ii) in subparagraph (B)-- (I) in the third sentence, by striking ``or reduced price''; and (II) by striking the second sentence; (iii) by striking subparagraph (C); (iv) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and (v) in subparagraph (D) (as so redesignated)-- (I) in the subparagraph heading, by striking ``and reduced price'' and inserting ``meals''; (II) by striking ``and reduced price policy'' each place it appears and inserting ``meals policy''; and (III) by striking ``and reduced price meals'' and inserting ``meals''; and (B) in paragraph (2)-- (i) in subparagraph (A), by striking ``or reduced price''; and (ii) by striking subparagraph (C); and (2) in subsections (d)(1)(A) and (e)(1)(A), by striking ``or at a reduced price'' each place it appears. (b) Conforming Amendments.-- (1) Section 7 of the Child Nutrition Act of 1966 (42 U.S.C. 1776) is amended-- (A) in subsection (e)(2)(B)(ii), by striking ``or reduced price''; and (B) in subsection (i), by striking ``and reduced price'' each place it appears in paragraphs (2)(B)(iii) and (3)(B)(i). (2) Section 17(d)(2)(A)(i) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(A)(i)) is amended by striking ``and reduced price''. (3) Section 20(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1789(b)) is amended by striking ``and reduced-price''. SEC. 203. PERIOD OF EFFECTIVENESS. The amendments made by this title shall be effective beginning on July 1, 2013.

Expand School Meals Act of 2009 - Amends the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to expand eligibility for free meals under the school lunch and breakfast programs to children whose family income falls at or below 185% of the federal poverty guidelines. Phases-in this eligibility expansion by increasing the income eligibility level in annual increments until it reaches 185% of the federal poverty guidelines for the school year beginning on July 1, 2013. (This will make all children who are eligible for reduced price meals eligible for free meals on such date.)

A bill to amend the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to increase the number of children eligible for free school meals, with a phased-in transition period.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Child Summer Hunger Act of 2015''. SEC. 2. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN PROGRAM. Section 13(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)) is amended by adding at the end the following: ``(13) Summer electronic benefits transfer for children program.-- ``(A) Definitions.--In this paragraph: ``(i) Eligible household.--The term `eligible household' means a household that includes 1 or more children who are eligible to receive free or reduced price lunches under this Act or free or reduced price breakfasts under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). ``(ii) Summer ebt card.--The term `summer EBT card' means an electronic benefit transfer card that is issued to an eligible household under this paragraph and limited to food purchases. ``(B) Program.--The Secretary shall establish a program under which the Secretary shall provide to eligible households summer EBT cards for the purpose of providing access to food for children during summer months-- ``(i) to reduce or eliminate the food insecurity and hunger of children; and ``(ii) to improve the nutritional status of children. ``(C) Use.--An eligible household may use a summer EBT card only to purchase food from retail food stores that have been approved for participation in the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), in accordance with section 7(b) of that Act (7 U.S.C. 2016(b)). ``(D) Amount.--Each summer EBT card issued shall be in an amount of-- ``(i) for calendar year 2017, $150 in food assistance per child per summer; and ``(ii) for each subsequent calendar year, the amount specified in clause (i) as adjusted to reflect changes in reimbursement rates for school meals under this Act between calendar year 2017 and the most recent calendar year. ``(E) Timing.--Summer EBT cards shall be issued at the end of the regular school year. ``(F) Funding.-- ``(i) In general.--On October 1, 2016, and on each October 1 thereafter, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary such sums as are necessary to carry out this section, to remain available until expended. ``(ii) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under clause (i), without further appropriation. ``(G) Regulations.-- ``(i) In general.--Not later than October 1, 2016, the Secretary shall issue regulations to carry out this paragraph. ``(ii) Requirements.--Regulations issued under this subparagraph shall require that-- ``(I) children shall be eligible to participate and shall be enrolled into the program under this paragraph for a summer without further application if the children are enrolled to participate in the free or reduced price lunch program under this Act or the free or reduced price breakfast program under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) during the school year immediately preceding the summer; and ``(II) local educational agencies shall distribute to the families of all children enrolled in schools participating in programs authorized under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) and, to the maximum extent practicable, the families of all children enrolled in schools of the local educational agency information, as provided by the Secretary-- ``(aa) regarding the program authorized under this paragraph, including eligibility rules and how children in eligible households that are not automatically enrolled under subclause (I) may apply for program benefits; and ``(bb) to assist households receiving summer EBT cards in making healthy food choices and maximizing resources. ``(iii) Alternative timing.-- ``(I) In general.--In issuing regulations under this subparagraph, the Secretary shall allow alternative plans for the timing of issuance of the summer electronic benefit cards under subparagraph (D) in any part of a State in which the school year does not include a typical summer break, on the condition that the Secretary determines that no alternative plan increases or decreases Federal costs. ``(II) Considerations.--In developing regulations under subclause (I), the Secretary shall consider the ability of a State effectively to issue benefits under an alternative schedule.''.

Stop Child Summer Hunger Act of 2015 This bill amends the Richard B. Russell National School Lunch Act to require the Department of Agriculture to establish a program providing eligible households with summer Electronic Benefits Transfer (EBT) cards in order to give children access to food during the summer months to: (1) reduce or eliminate children's food insecurity and hunger, and (2) improve their nutritional status. An "eligible household" is a household that includes one or more children who are eligible to receive free or reduced price meals under the school lunch or breakfast programs. The amount on each summer EBT card is set at $150 per child in 2017, with adjustments thereafter reflecting changes in reimbursement rates for school meals under the school lunch program. If children are enrolled to receive free or reduced price meals under the school lunch or breakfast programs, they must be enrolled in this program without further application. Summer EBT cards may be used only to purchase food from retail food stores that have been approved for participation in the supplemental nutrition assistance program (SNAP, formerly known as the food stamp program).

Stop Child Summer Hunger Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Saudi Arabia Accountability Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) United Nations Security Council Resolution 1373 (2001) mandates that all states ``refrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts'', take ``the necessary steps to prevent the commission of terrorist acts'', and ``deny safe haven to those who finance, plan, support, or commit terrorist acts''. (2) The Council on Foreign Relations concluded in an October 2002 report on terrorist financing that ``[f]or years, individuals and charities based in Saudi Arabia have been the most important source of funds for al-Qaeda, and for years, Saudi officials have turned a blind eye to this problem''. (3) In a June 2004 report entitled ``Update on the Global Campaign Against Terrorist Financing'', the Council on Foreign Relations reported that ``[w]e find it regrettable and unacceptable that since September 11, 2001, we know of not a single Saudi donor of funds to terrorist groups who has been publicly punished''. (4) According to the final report of the National Commission on Terrorist Attacks Upon the United States, when asked where terrorist leaders would likely locate their bases, military officers and government officials repeatedly listed Saudi Arabia as a prime location. (5) A report released on January 28, 2005 by Freedom House's Center for Religious Freedom found that Saudi Arabia is the state most responsible for the propagation of material promoting hatred, intolerance, and violence within United States mosques and Islamic centers, and that these publications are often official publications of a Saudi ministry or distributed by the Embassy of Saudi Arabia in Washington, DC. (6) During a July 2003 hearing on terrorism before the Subcommittee on Terrorism, Technology and Homeland Security of the Committee on the Judiciary of the Senate, David Aufhauser, General Counsel of the Treasury Department, stated that Saudi Arabia is, in many cases, the ``epicenter'' of financing for terrorism. (7) The New York Times, citing United States and Israeli sources, reported on September 17, 2003, that at least 50 percent of the current operating budget of Hamas comes from ``people in Saudi Arabia''. (8) The Middle East Media Research Institute concluded in a July 3, 2003, report on Saudi support for Palestinian terrorists that ``for decades, the royal family of the Kingdom of Saudi Arabia has been the main financial supporter of Palestinian groups fighting Israel''. The report notes specifically that Saudi-sponsored organizations have funneled over $4,000,000,000 to finance the Palestinian intifada that began in September 2000. (9) A joint committee of the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives issued a report on July 24, 2003, that quotes various United States Government personnel who complained that the Saudis refused to cooperate in the investigation of Osama bin Laden and his network both before and after the September 11, 2001, terrorist attacks. (10) After the 1996 bombing of the Khobar Towers housing complex at Dahran, Saudi Arabia, which killed 19 United States Air Force personnel and wounded approximately 400 people, the Government of Saudi Arabia refused to allow United States officials to question individuals held in detention by the Saudis in connection with the attack. (11) As recounted by counterterrorism officials in a September 2003 issue of Time Magazine, Saudi Arabia denied United States officials access to several suspects in the custody of the Government of Saudi Arabia, including a Saudi Arabian citizen in detention for months who had knowledge of extensive plans to inject poison gas in the New York City subway system. (12) The United States Commission on International Religious Freedom has reported that Saudi Arabian Government- funded textbooks used both in Saudi Arabia and also in North American Islamic schools and mosques have been found to encourage incitement to violence against non-Muslims. (13) There are indications that, since the May 12, 2003, suicide bombings in Riyadh, the Government of Saudi Arabia is making a more serious effort to combat terrorism. (14) An official website of the Saudi Arabian Government's Supreme Commission for Tourism included the following text: ``Visas will not be issued for the following groups of people: ``An Israeli passport holder or a passport that has an Israeli arrival/departure stamp. ``Those who don't abide by the Saudi traditions concerning appearance and behaviors. Those under the influence of alcohol will not be permitted into the Kingdom. ``There are certain regulations for pilgrims and you should contact the consulate for more information. ``Jewish People.''. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) it is imperative that the Government of Saudi Arabia immediately and unconditionally-- (A) provide complete, unrestricted, and unobstructed cooperation to the United States, including the unsolicited sharing of relevant intelligence in a consistent and timely fashion, in the investigation of groups and individuals that are suspected of financing, supporting, plotting, or committing an act of terror against United States citizens anywhere in the world, including within the Kingdom of Saudi Arabia; (B) permanently close all charities, schools, or other organizations or institutions in the Kingdom of Saudi Arabia that fund, train, incite, encourage, or in any other way aid and abet terrorism anywhere in the world (hereafter in this Act referred to as ``Saudi- based terror organizations''), including by means of providing support for the families of individuals who have committed acts of terrorism; (C) end funding or other support by the Government of Saudi Arabia for charities, schools, and any other organizations or institutions outside the Kingdom of Saudi Arabia that train, incite, encourage, or in any other way aid and abet terrorism anywhere in the world (hereafter in this Act referred to as ``offshore terror organizations''), including by means of providing support for the families of individuals who have committed acts of terrorism; and (D) block all funding from private Saudi citizens and entities to any Saudi-based terror organization or offshore terrorism organization; and (2) the President, in deciding whether to make the certification under section 4, should judge whether the Government of Saudi Arabia has continued and sufficiently expanded the efforts to combat terrorism that it redoubled after the May 12, 2003, bombing in Riyadh. SEC. 4. SANCTIONS. (a) Restrictions on Exports and Diplomatic Travel.--Unless the President makes the certification described in subsection (c), the President shall take the following actions: (1) Prohibit the export to the Kingdom of Saudi Arabia, and prohibit the issuance of a license for the export to the Kingdom of Saudi Arabia, of-- (A) any defense articles or defense services on the United States Munitions List under section 38 of the Arms Export Control Act (22 U.S.C. 2778) for which special export controls are warranted under such Act (22 U.S.C. 2751 et seq.); and (B) any item identified on the Commerce Control List maintained under part 774 of title 15, Code of Federal Regulations. (2) Restrict travel of Saudi diplomats assigned to Washington, District of Columbia, New York, New York, the Saudi Consulate General in Houston, or the Saudi Consulate in Los Angeles to a 25-mile radius of Washington, District of Columbia, New York, New York, the Saudi Consulate General in Houston, or the Saudi Consulate in Los Angeles, respectively. (b) Waiver.--The President may waive the application of subsection (a) if the President-- (1) determines that it is in the national security interest of the United States to do so; and (2) submits to the appropriate congressional committees a report that contains the reasons for such determination. (c) Certification.--The President shall transmit to the appropriate congressional committees a certification of any determination made by the President after the date of the enactment of this Act that the Government of Saudi Arabia-- (1) is fully cooperating with the United States in investigating and preventing terrorist attacks; (2) has permanently closed all Saudi-based terror organizations; (3) has ended any funding or other support by the Government of Saudi Arabia for any offshore terror organization; and (4) has exercised maximum efforts to block all funding from private Saudi citizens and entities to offshore terrorist organizations. SEC. 5. REPORT. (a) Requirement for Report.--Not later than six months after the date of the enactment of this Act and annually thereafter until the President makes the certification described in section 4(c), the Secretary of State shall submit to the appropriate congressional committees a report on the progress made by the Government of Saudi Arabia toward meeting the conditions described in paragraphs (1) through (4) of such section. (b) Form.--The report submitted under subsection (a) shall be in unclassified form but may include a classified annex. SEC. 6. CESSATION OF VISA ISSUANCE. Beginning on the day after the date of the enactment of this Act, no visa shall be issued by the Government of the United States to a citizen of Saudi Arabia until the President certifies that the Kingdom of Saudi Arabia does not discriminate in the issuance of visas on the basis of religious affiliation or heritage. SEC. 7. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term ``appropriate congressional committees'' means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.

Saudi Arabia Accountability Act of 2009 - Expresses the sense of Congress that the government of Saudi Arabia: (1) cooperate fully with the United States in the investigation of terror groups and individuals; (2) close permanently all organizations in Saudi Arabia that fund, train, encourage, or in any way aid terrorism anywhere in the world, and end funding for such organizations outside Saudi Arabia; and (3) block funding from private Saudi citizens and entities to Saudi-based or offshore terror organizations. Directs the President to prohibit certain exports to Saudi Arabia and restrict travel of certain Saudi diplomats if the President cannot certify to the appropriate congressional committees that the government of Saudi Arabia: (1) is fully cooperating with the United States in investigating and preventing terrorist attacks; (2) has closed permanently all Saudi-based terror organizations; (3) has ended funding for any offshore terror organization; and (4) has exercised maximum efforts to block funding from private Saudi citizens and entities to offshore terror organizations. Allows the President to waive such sanctions for national security reasons. Prohibits visa issuance to citizens of Saudi Arabia until the President certifies that Saudi Arabia does not discriminate in visa issuance based upon religion or heritage.

To halt Saudi support for institutions that fund, train, incite, encourage, or in any other way aid and abet terrorism, to secure full Saudi cooperation in the investigation of terrorist incidents, to halt the issuance of visas to citizens of Saudi Arabia until the President certifies that the Kingdom of Saudi Arabia does not discriminate in the issuance of visas on the basis of religious affiliation or heritage, and for other purposes.

.--For purposes of this section, the term ``qualified joint resolution'' means only a joint resolution described in section 3(2)(B) of this Act. (b) Introduction.--A proposed qualified joint resolution transmitted by the Administrator of the Federal Emergency Management Agency under section 3(a) shall be introduced in the Senate (by request) on the next day on which the Senate is in session by the majority leader of the Senate or by a Member of the Senate designated by the majority leader of the Senate and shall be introduced in the House of Representatives (by request) on the next legislative day by the majority leader of the House or by a Member of the House designated by the majority leader of the House. (c) No Referral.--A qualified joint resolution shall not be referred to a committee in either House of Congress and shall immediately be placed on the calendar. (d) Motion To Proceed.--A motion to proceed to a joint resolution is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to a motion to postpone, and all points of order against the motion are waived. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of a qualified joint resolution is agreed to, the qualified joint resolution shall remain the unfinished business of the respective House until disposed of. (e) Expedited Consideration in the House of Representatives.--In the House of Representatives, a qualified joint resolution shall be considered as read. All points of order against the qualified joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the qualified joint resolution to its passage without intervening motion except 2 hours of debate shall be divided equally between the majority and minority leaders or their designees. A motion to reconsider the vote on passage of the qualified joint resolution shall not be in order. A vote on final passage of the qualified joint resolution shall be taken in the House of Representatives on or before the close of the 10th legislative day after the date of the introduction of the qualified joint resolution in the House of Representatives. (f) Expedited Procedure in the Senate.-- (1) Consideration.--In the Senate, consideration of a qualified joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion to further limit debate is in order and not debatable. An amendment to, a motion to postpone, a motion to proceed to the consideration of other business, or a motion to commit the qualified joint resolution is not in order. (2) Passage.--If the Senate has proceeded to a qualified joint resolution, the vote on passage of the qualified joint resolution shall occur immediately following the conclusion of consideration of the qualified joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. A vote on the final passage of the qualified joint resolution shall be taken in the Senate on or before the close of the 10th legislative day after the date of the introduction of the qualified joint resolution in the Senate. (3) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a qualified joint resolution shall be decided without debate. (g) Points of Order.--In the Senate or the House of Representatives, a Member of the Senate or House of Representatives, respectively, may raise a point of order that a qualified joint resolution does not meet the definition of a qualified joint resolution under subsection (a). (h) Amendment.--A qualified joint resolution shall not be subject to amendment in either the House of Representatives or the Senate. (i) In General.--If, before passing a qualified joint resolution, one House receives from the other a qualified joint resolution-- (1) the qualified joint resolution from the other House shall not be referred to a committee; and (2) with respect to a qualified joint resolution of the House receiving the qualified joint resolution-- (A) the procedure in that House shall be the same as if no qualified joint resolution had been received from the other House until the vote on passage; but (B) the vote on final passage shall be on the qualified joint resolution of the other House. (j) Exercise of Rulemaking Powers.--This section is enacted by the Congress-- (1) as an exercise of the rulemaking power in the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a qualified joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.

Flood Insurance Fairness Act of 2013 - Prohibits the taking effect of specified flood insurance premium changes under the Biggert-Waters Flood Insurance Reform Act of 2012 and the National Flood Insurance Act of 1968 (which prohibit the estimating of flood insurance premium rates for severe repetitive loss and other specified properties or extending premium subsidies to new or lapsed flood insurance policies, and which also require certain flood insurance risk premium rate adjustments) until 180 days after both chambers of Congress have completed consideration of a qualified joint resolution providing for legislative changes to ensure that risk premium rates for flood insurance coverage under the national flood insurance program are substantially affordable for all homeowners. Directs the Administrator of the Federal Emergency Management Agency (FEMA) to submit to Congress and make publicly available a determination of whether the risk premium rates for flood insurance coverage under the national flood insurance program resulting from such legislative changes are substantially affordable for all homeowners. Sets forth procedures for expedited congressional consideration of the proposed joint resolution.

Flood Insurance Fairness Act of 2013

SECTION 1. TAX CREDIT FOR CERTAIN POLITICAL CONTRIBUTIONS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 22 the following new section: ``SEC. 23. CREDIT FOR POLITICAL CONTRIBUTIONS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to one-half of all political contributions, and all newsletter fund contributions, paid by the taxpayer during the taxable year. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed by subsection (a) shall not exceed $100 ($200 in the case of a joint return). ``(2) Verification.--The credit allowed by subsection (a) shall be allowed, with respect to any political contribution or newsletter fund contribution, only if such contribution is verified in such manner as the Secretary shall prescribe by regulation. ``(c) Definitions.--For purposes of this section-- ``(1) Candidate.--The term `candidate' means, with respect to any Federal, State, or local elective public office, an individual who-- ``(A) publicly announces before the close of the calendar year following the calendar year in which the political contribution is made that the individual is a candidate for nomination or election to such office; and ``(B) meets the qualifications prescribed by law to hold such office. ``(2) National political party.--The term `national political party' means-- ``(A) in the case of political contributions made during a taxable year of the taxpayer in which the electors of President and Vice President are chosen, a political party presenting candidates or electors for such offices on the official election ballot of ten or more States; or ``(B) in the case of political contributions made during any other taxable year of the taxpayer, a political party which met the qualifications described in subparagraph (A) in the last preceding election of a President and Vice President. ``(3) Newsletter fund.--The term `newsletter fund' means a fund described in section 527(g)(1). ``(4) Political contribution.--The term `political contribution' means a contribution or gift of money, or the fair market value of a contribution or gift of property, to-- ``(A) an individual who is a candidate for nomination or election to any Federal, State, or local elective public office in any primary, general, or special election, for use by such individual to further the candidacy of the individual for nomination or election to such office; ``(B) any committee, association, or organization (whether or not incorporated) organized and operated exclusively for the purposes of influencing, or attempting to influence, the nomination or election of one or more individuals who are candidates for nomination or election to any Federal, State, or local elective public office, for use by such committee, association, or organization to further the candidacy of such individual or individuals for nomination or election to such office; ``(C) the national committee of a national political party; ``(D) the State committee of a national political party as designated by the national committee of such party; or ``(E) a local committee of a national political party as designated by the State committee of such party designated under subparagraph (D). ``(5) State and local.--The term `State' means the various States and the District of Columbia; and the term `local' means a political subdivision or part thereof, or two or more political subdivisions or parts thereof, of a State.''. ``(d) Cross References.-- ``For transfer of appreciated property to a political organization, see section 84. ``For certain indirect contributions to political parties, see section 276.''. (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code (relating to nonrefundable personal credits) is amended by inserting after the item relating to section 22 the following new item: ``Sec. 23. Credit for political contributions.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31 of the calendar year in which this Act is enacted. SEC. 2. PRESIDENTIAL CAMPAIGN FUND. (a) Repeal of Provisions Concerning Presidential Campaign Fund.-- The following provisions of such Code are hereby repealed: (1) Part VIII of subchapter A of chapter 61 of subtitle F of such Code (relating to designation of income tax payments to Presidential Election Campaign Fund). (2) Subtitle H (relating to financing of Presidential election campaigns). (b) Conforming Amendments.-- (1) Table of parts.--The table of parts of subchapter A of chapter 61 of subtitle F of such Code is amended by striking the item relating to part VIII. (2) Table of subtitles.--The table of subtitles of such Code is amended by striking the item relating to subtitle H. (c) Effective Dates.-- (1) Designation of income tax payments to fund.--The amendment made by subsection (a)(1) applies to taxable years beginning after December 31, 1996. (2) Financing of presidential election campaigns.--The amendment made by subsection (a)(2) shall take effect on the date that is 2 years after the date of the enactment of this Act, except that no payment may be made from the Presidential Election Campaign Fund or the Presidential Primary Matching Payment Account with respect to any Presidential election occurring more than 2 years after the date of the enactment of this Act. (d) Amounts Remaining in Funds.--The Secretary of the Treasury shall deposit into the Treasury of the United States as miscellaneous receipts any amounts that remain, on the date that is 2 years after the date of the enactment of this Act, in the Presidential Election Campaign Fund or the Presidential Primary Matching Payment Account.

Amends the Internal Revenue Code to allow an individual a tax credit equal to one-half of all political contributions and all newsletter fund contributions paid during the taxable year. Limits such credit to $100 ($200 for a joint return). Eliminates the Presidential Election Campaign Fund.

To amend the Internal Revenue Code of 1986 to provide a tax credit for certain political contributions and to eliminate the Presidential Campaign Fund.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Specialty Crop and Value-Added Agriculture Promotion Act''. SEC. 2. DEFINITION OF SPECIALTY CROP. Section 3(1) of the Specialty Crops Competitiveness Act of 2004 (Public 108-465; 7 U.S.C. 1621 note) is amended-- (1) by inserting ``fish and shellfish whether farm-raised or harvested in the wild,'' after ``dried fruits,''; and (2) by adding at the end the following new sentence: ``The term includes specialty crops that are organically produced (as defined in section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 6502).''. SEC. 3. PERMANENT AUTHORIZATION OF APPROPRIATIONS FOR STATE SPECIALTY CROP BLOCK GRANTS. Subsection (i) of section 101 of the Specialty Crops Competitiveness Act of 2004 (Public 108-465; 7 U.S.C. 1621 note) is amended to read as follows: ``(i) Authorization of Appropriations.--For fiscal year 2006 and every fiscal year thereafter, there is authorized to be appropriated to the Secretary of Agriculture $500,000,000 to make grants under this section.''. SEC. 4. BLOCK GRANTS TO STATES FOR VALUE-ADDED AGRICULTURAL PRODUCT MARKET DEVELOPMENT. (a) In General.--Subsection (b) of section 231 of the Agricultural Risk Protection Act of 2000 (Public Law 106-224; 7 U.S.C. 1621 note) is amended to read as follows: ``(b) Grant Program.-- ``(1) Block grants to states.-- ``(A) Amount of grant to state.--From the amount made available under paragraph (6) for a fiscal year, the Secretary shall provide to each State, subject to subparagraph (B), a grant in an amount equal to the product obtained by multiplying the amount made available for that fiscal year by the result obtained by dividing-- ``(i) the total value of the agricultural commodities and products made in the State during the preceding fiscal year; by ``(ii) the total value of the agricultural commodities and products made in all of the States during the preceding fiscal year. ``(B) Limitation.--The total grant provided to a State for a fiscal year under subparagraph (A) shall not exceed $3,000,000. ``(2) Use of grant funds by states.--A State shall use the grant funds to award competitive grants-- ``(A) to an eligible independent producer (as determined by the State) of a value-added agricultural product to assist the producer-- ``(i) in developing a business plan for viable marketing opportunities for the value- added agricultural product; or ``(ii) in developing strategies that are intended to create marketing opportunities for the producer; and ``(B) to an eligible agricultural producer group, farmer or rancher cooperative, or majority-controlled producer-based business venture (as determined by the State) to assist the entity-- ``(i) in developing a business plan for viable marketing opportunities in emerging markets for a value-added agricultural product; or ``(ii) in developing strategies that are intended to create marketing opportunities in emerging markets for the value-added agricultural product. ``(3) Amount of competitive grant.-- ``(A) In general.--The total amount provided under paragraph (2) to a grant recipient shall not exceed $500,000. ``(B) Majority-controlled producer-based business ventures.--The amount of grants provided by a State to majority-controlled producer-based business ventures under paragraph (2)(B) for a fiscal year may not exceed 10 percent of the amount of funds that are used by the State to make grants for the fiscal year under paragraph (2). ``(4) Grantee strategies.--A recipient of a grant under paragraph (2) shall use the grant funds-- ``(A) to develop a business plan or perform a feasibility study to establish a viable marketing opportunity for a value-added agricultural product; or ``(B) to provide capital to establish alliances or business ventures that allow the producer of the value- added agricultural product to better compete in domestic or international markets. ``(5) Reports.--Within 90 days after the end of a fiscal year for which funds are provided to a State under paragraph (1), the State shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing how the funds were used. ``(6) Funding.--On October 1 of each fiscal year, of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this subsection $100,000,000, to remain available until expended. ``(7) State defined.--In this subsection, the term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2005. SEC. 5. REIMBURSEMENT OF CERTIFICATION COSTS. (a) Incentive Program.--The Secretary of Agriculture shall establish an incentive program to encourage the independent third-party certification of agricultural producers and processors for product qualities, production practices, or other product or process attributes that increase marketability or value of an agricultural commodity. The Secretary shall include independent third-party certification systems, including programs such as Good Agricultural Practices, Good Handling Practices, and Good Manufacturing Practices programs, that the Secretary finds will provide one or more measurable social, environmental, or marketing advantages. (b) Standards.--The Secretary shall set standards regarding the types of certifications, and the types of certification-related expenses, that will qualify for reimbursement under the program. (c) Limitation on Amount of Reimbursement.--An agricultural producer or processor may not receive reimbursement for more than 50 percent of the qualified expenses incurred by the producer or processor related to accepted certifications. SEC. 6. NATIONWIDE EXPANSION OF RISK MANAGEMENT AGENCY ADJUSTED GROSS REVENUE INSURANCE PROGRAM. (a) Expansion.--Section 523(e) of the Federal Crop Insurance Act (7 U.S.C. 1523(e)) is amended by adding at the end the following new paragraph: ``(3) Permanent nationwide operation.--Effective beginning with the 2006 reinsurance year, the Corporation shall carry out the adjusted gross revenue insurance pilot program as a permanent program under this title and may expand the program to cover any county in which crops are produced. To facilitate the expansion of the program nationwide, the Corporation may grant temporary premium subsidies for the purchase of a policy under the program to producers whose farm operations are located in a county that has a high level of specialty crop production and has not had a high-level of participation in the purchase of crop insurance coverage.''. (b) Comptroller General Study.--The Comptroller General shall conduct a study of the Federal crop insurance program to determine how well the program serves specialty crop producers and to recommend such changes as the Comptroller General considers appropriate to improve the program for specialty crop producers. SEC. 7. EXPANSION OF FRUIT AND VEGETABLE PROGRAM IN SCHOOL LUNCH PROGRAMS. The Richard B. Russell National School Lunch Act is amended-- (1) in section 18 (42 U.S.C. 1769), by striking subsection (g); and (2) by inserting after section 18 the following new section: ``SEC. 19. FRUIT AND VEGETABLE PROGRAM. ``(a) In General.--The Secretary shall make available in not more than 100 schools in each State, and in elementary and secondary schools on 1 Indian reservation, free fresh and dried fruits and vegetables and frozen berries to be served to school children throughout the school day in 1 or more areas designated by the school. ``(b) Priority in Allocation.--In selecting States to participate in the program, the Secretary shall give priority to States that produce large quantities of specialty crops. ``(c) Publicity.--A school participating in the program authorized by this section shall publicize within the school the availability of free fruits and vegetables under the program. ``(d) Authorization of Appropriations.--There is authorized to be appropriated for fiscal years 2006 and 2007, $20,000,000 to carry out this section.''. SEC. 8. INCREASE IN LIMIT ON DIRECT OPERATING LOANS; INDEXATION TO INFLATION. Section 313 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1943) is amended-- (1) in subsection (a)(1), by striking ``$200,000'' and inserting ``$500,000 (increased, beginning with fiscal year 2007, by the inflation percentage applicable to the fiscal year in which the loan is made)''; and (2) in subsection (b), by striking paragraph (2) and inserting the following new paragraph: ``(2) the average of such index (as so defined) for the 12- month period ending on-- ``(A) in the case of a loan other than a loan guaranteed by the Secretary, August 31, 2005; or ``(B) in the case of a loan guaranteed by the Secretary, August 31, 1996.''. SEC. 9. TRADE OF SPECIALTY CROPS. (a) Assistant USTR for Specialty Crops.--Section 141(c) of the Trade Act of 1974 (19 U.S.C. 2171(c)) is amended by adding at the end the following new paragraph: ``(6)(A) There is established in the Office the position of Assistant United States Trade Representative for Specialty Crops. The Assistant United States Trade Representative for Specialty Crops shall be appointed by the United States Trade Representative. ``(B) The primary function of the Assistant United States Trade Representative for Specialty Crops shall be to promote the trade interests of specialty crop businesses, to remove foreign trade barriers that impede specialty crop businesses, and to enforce existing trade agreements beneficial to specialty crop businesses. ``(C) The Assistant United States Trade Representative for Specialty Crops shall be paid at the level of a member of the Senior Executive Service with equivalent time and service.''. (b) Study of Uruguay Round Table Agreement Benefits.-- (1) Study.--The Comptroller General of the United States shall conduct a study on the benefits of the agreements approved by Congress under section 101(a)(1) of the Uruguay Round Agreements Act (Public Law 103-465) to specialty crop businesses. (2) Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report describing the results of the study conducted under paragraph (1). (c) Foreign Market Access Strategy.--Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture shall develop and implement a foreign market access strategy to increase exports of specialty crops to foreign markets. SEC. 10. INCREASED AUTHORIZATION FOR TECHNICAL ASSISTANCE FOR SPECIALTY CROPS. Section 3205(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5680(d)) is amended by striking ``$2,000,000'' and inserting ``$10,000,000''.

Specialty Crop and Value-Added Agriculture Promotion Act - Amends the Specialty Crops Competitiveness Act of 2004 to include within the definition of specialty crop: (1) farm-raised or wild-harvested fish and shellfish; and (2) organically produced specialty crops. Makes the authorization of appropriations for state specialty crop block grants permanent. Amends the Agricultural Risk Protection Act of 2000 to replace the agricultural marketing resource center pilot project with a state block grant program for value-added agricultural product market development. Directs the Secretary of Agriculture to establish an incentive program for third-party certification of agricultural producers and processors for quality and production practices that increase agricultural commodity marketability or value. Provides for up 50% reimbursement of participant certification costs. Amends the Federal Crop Insurance Act to direct the Commodity Credit Corporation to carry out the adjusted gross revenue insurance pilot program as a permanent program. Authorizes the Corporation to: (1) expand the program to cover any county in which crops are produced; and (2) grant temporary policy subsidies for producers located in a county that has a high level of specialty crop production and has not had a high level of crop insurance coverage coverage. Amends the Richard B. Russell National School Lunch Act to direct the Secretary to: (1) make available to students in not more than 100 schools in each state, and in elementary and secondary schools on one Indian reservation, free fresh and dried fruits and vegetables throughout the school day in one or more school-designated areas; and (2) give priority to states that produce large quantities of specialty crops. Amends the Consolidated Farm and Rural Development Act to increase operating loan limits for loans guaranteed other than by the Secretary. Revises the related inflation percentage determination. Amends the Trade Act of 1974 to establish the position of Assistant United States Trade Representative for Specialty Crops. Amends the Farm Security and Rural Investment Act of 2002 to increase the authorization of appropriations for specialty crop technical assistance.

To amend the Specialty Crops Competitiveness Act of 2004 to increase the authorization of appropriations for grants to support the competitiveness of specialty crops, to amend the Agricultural Risk Protection Act of 2000 to improve the program of value-added agricultural product market development grants by routing funds through State departments of agriculture, to amend the Federal Crop Insurance Act to require a nationwide expansion of the adjusted gross revenue insurance program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Delaware River Basin Conservation Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) The Delaware River Basin is a national treasure of great cultural, environmental, and ecological importance. (2) The Delaware River Basin contains over 12,500 square miles of land in Delaware, New Jersey, New York, and Pennsylvania, nearly 800 square miles of bay, and more than 2,000 tributary rivers and streams. (3) The Basin is home to more than 8,000,000 people who depend on the Delaware River and Bay as an economic engine, a place of recreation, and a vital habitat for fish and wildlife. (4) The Basin provides clean drinking water to more than 15,000,000 people. New York City relies on the Delaware River Basin for half of its drinking water supply. A study conducted by the City of Philadelphia Water Department determined that the most significant threat to its drinking water supply is forest clearing in the Upper Basin. (5) Almost 180 species of fish and wildlife are considered special status species in the Basin due to habitat loss and degradation. Sturgeon, eastern oyster, and red knots have been identified as unique species in need of habitat improvement. (6) The Basin provides habitat for over 200 fish species, both residents and migrants, and includes significant recreational fisheries. The Basin is also a prolific source of eastern oyster, blue crab, and the largest population of the American horseshoe crab. (7) Current oyster landings in the Delaware Bay are at 100,000 bushels, down from 500,000 harvested in the 1980s due, in part, to polluted water and disease. (8) The Delaware Bay has the second largest concentration of shorebirds in North America and is designated as one of the four most important shorebird migration sites in the world. (9) The Basin has 1,000,000 acres of wetlands, more than 126,000 acres of which are recognized as internationally important. Fifty percent of the Basin is covered by forest. This landscape provides essential ecosystem services, including recreation, commercial, and water quality benefits. (10) Much of the remaining exemplary natural landscape is vulnerable to further degradation. The Basin gains approximately 14 square miles of developed land annually. With new development, urban watersheds are increasingly covered by impervious surfaces, amplifying the amount of polluted runoff into rivers and streams. (11) The Delaware River is the longest undammed river east of the Mississippi, and a critical component of the National Wild and Scenic River System in the Northeast. (12) Management of water volume in the Basin is critical to flood mitigation and habitat for fish and wildlife. Following three major floods along the River since 2004, the governors of Delaware, New Jersey, New York, and Pennsylvania, have called for natural flood control measures to combat the problem, including restoring the function of riparian corridors. (13) The Delaware River Port Complex (including docking facilities in Delaware, New Jersey, and Pennsylvania) is the largest freshwater port in the world. The Port of Philadelphia handles the largest volume of international tonnage and 70 percent of the oil shipped to the east coast. The Port of Wilmington, a full-service deepwater port and marine terminal, is the busiest terminal on the Delaware River handling over 400 vessels per year with an annual import/export cargo tonnage of over 4,000,000 tons. (14) The Delaware Estuary, where fresh water from the Delaware River mixes with salt water from the Atlantic Ocean, is one of the largest and most complex of the 28 estuaries in the National Estuary Program, and the Partnership for the Delaware Estuary works to improve the environmental health of the Delaware Estuary. (15) The Delaware River Basin Commission is a Federal- interstate compact government agency charged with overseeing a unified approach to managing the river system and implements important water resources management projects and activities throughout the Basin that are in the national interest. (16) Restoration in the Basin is presently supported through several State and Federal agency programs. Funding for these important programs should continue and complement the establishment of the Delaware River Basin Restoration Program. The Program and associated funding for the Basin is intended to build upon and help coordinate restoration and protection funding mechanisms at the Federal, regional, State, and local level. SEC. 3. DEFINITIONS. In this Act, the following definitions apply: (1) Basin.--The term ``Basin'' means the four-State Delaware Basin including all of Delaware Bay and portions of Delaware, New Jersey, New York, and Pennsylvania, located in the Delaware River watershed. (2) Director.--The term ``Director'' means the Director of the United States Fish and Wildlife Service. (3) Foundation.--The term ``Foundation'' means the National Fish and Wildlife Foundation, a congressionally chartered foundation established under the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.). (4) Grant program.--The term ``Grant Program'' refers to the Delaware River Basin Restoration Grant Program. (5) Program.--The term ``Program'' means the Delaware River Basin Restoration Program. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) Service.--The term ``Service'' means the United States Fish and Wildlife Service. SEC. 4. PROGRAM ESTABLISHMENT. (a) Establishment.--Not later than 180 days after funds are made available for this purpose, the Secretary shall establish a program, through the Director, that shall be known as the ``Delaware River Basin Restoration Program''. The Director shall-- (1) work in consultation with existing management structures, including representatives of the Partnership for the Delaware Estuary and the Delaware River Basin Commission, and other Federal, State, local government, regional, and nonprofit organizations, as appropriate, to identify, prioritize, and implement restoration and protection activities within the Basin; (2) adopt a single plan that includes a shared set of priorities for implementation of the Program; (3) establish the Grant Program; and (4) provide for technical assistance in accordance with this Act. (b) Coordination.--In establishing the Program, the Director shall consult, as appropriate, with-- (1) Federal agencies, including the Environmental Protection Agency, National Oceanic Atmospheric Administration, Natural Resource Conservation Service, United States Army Corps of Engineers, the National Park Service, and any other relevant agencies; (2) Basin States which include Delaware, New Jersey, New York, and Pennsylvania; (3) the Partnership for the Delaware Estuary; (4) the Delaware River Basin Commission; (5) fish and wildlife joint venture partnerships in existence on the date of the enactment of this Act as well as those formed after such date; and (6) other public agencies and organizations with authorities for planning and implementation of conservation strategies in the Basin. (c) Purposes.--The purposes of the Program include-- (1) to coordinate restoration and protection activities among Federal agencies, State, local and regional entities, and conservation partners throughout the Basin; (2) to carry out coordinated restoration and protection activities throughout the Basin and the States to-- (A) sustain and enhance habitat restoration and protection activities; (B) sustain and enhance water quality improvements, including drinking water; (C) sustain and enhance water management and flood control improvements to benefit fish and wildlife habitat; (D) improve opportunities for public access and recreation in the Basin; (E) encourage environmentally sensitive land use planning and development; (F) increase the capacity to implement coordinated restoration and protection activities in Basin by conducting public outreach and education, and promoting citizen involvement; and (G) coordinate, conduct, and support planning, studies, monitoring, and research necessary to carry out coordinated restoration and protection activities; and (3) to provide competitive grants and for technical assistance for restoration and protection activities in Basin with priority given to activities with multiple benefits, including habitat, water quality, and flood protection. SEC. 5. GRANTS AND ASSISTANCE. (a) Delaware River Basin Restoration Program.--To the extent that funds are available for this purpose, the Director shall establish a ``Delaware River Basin Restoration Grant Program'' to provide competitive matching grants of varying amounts to State and local governments, nonprofit organizations, community organizations, universities, and others to carry out activities for the purposes set forth in section 4. (b) Criteria.--The Director, in consultation with the organizations listed in section 4(b), shall develop criteria for the Grant Program to help ensure that activities funded under this section address one or more of the following: (1) Restore or protect fish and wildlife species and their habitats. (2) Improve or protect water quality by reducing nonpoint and point source pollutants. (3) Reduce or improve management of water volume and flooding. (4) Address priority needs or actions identified in the single plan adopted under section 4(a)(2). (5) Include activities with multiple benefits in Basin, including habitat, water quality, and flood protection. (c) Cost Sharing.-- (1) Federal share.--The Federal share of the cost of a project funded under the Grant Program shall not exceed 75 percent of the total cost of the activity. (2) Non-federal share.--The non-Federal share of the cost of a project funded under the Grant Program may be provided in cash or in the form of an in-kind contribution of services or materials. (d) Administration.--The Director may enter into an agreement with the National Fish and Wildlife Foundation or another organization with the proper expertise to manage the Grant Program. If selected, the Foundation or other organization shall receive in lump sum, invest and reinvest funds for the Grant Program, and otherwise administer the Grant Program to support partnerships between the public and private sectors that further the purposes of this Act. Amounts received by the Foundation under this section shall be subject to the provisions of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.), excluding section 3709(a) of that Act. (e) Technical Assistance.--The Director may provide or provide for technical assistance, on a nonreimbursable basis, to other Federal agencies, State and local governments, nonprofit organizations, community organizations, universities, and others to carry out the purposes of the Program. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to the Secretary $5,000,000 for each of fiscal years 2011 through 2016 to carry out this Act. (b) Proportionate Use.--Of the amount appropriated, at least 75 percent shall be used to carry out the Grant Program and to provide or provide for technical assistance under section 5. SEC. 7. REPORT TO CONGRESS. Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to Congress a report on the implementation of the Act, including what projects have been funded under this Act.

Delaware River Basin Conservation Act of 2010 - Requires the Secretary of the Interior, through the Director of the United States Fish and Wildlife Service, to establish a Delaware River Basin Restoration Program, under which the Director shall: (1) work in consultation with existing management structures to identify, prioritize, and implement restoration and protection activities within the Delaware Basin (defined as including all of Delaware Bay and portions of Delaware, New Jersey, New York, and Pennsylvania located in the Delaware River watershed); (2) adopt a single plan that includes a shared set of priorities for implementation of the Program; (3) establish the Delaware River Basin Restoration Grant Program; and (4) provide technical assistance to other federal agencies, state and local governments, nonprofit and community organizations, universities, and others to carry out the Restoration Program. Requires the Grant Program to provide competitive matching grants to state and local governments, nonprofit organizations, community organizations, universities, and others to carry out Restoration Program purposes. Requires the Director to develop criteria to ensure that funded activities: (1) restore or protect fish and wildlife species and their habitats; (2) improve or protect water quality by reducing nonpoint and point source pollutants; (3) reduce or improve management of water volume and flooding; (4) address priority needs or actions identified in the single plan adopted; and/or (5) include activities with multiple benefits in the Basin, including habitat, water quality, and flood protection. Limits the federal share of the total cost of a funded project to 75%. Authorizes the Director to contract with the National Fish and Wildlife Foundation or another organization with the expertise to manage the Grant Program.

To direct the Secretary of the Interior to establish a program to build upon and help coordinate funding for restoration and protection efforts at the Federal, regional, State, and local level for the four-State Delaware Basin, including all of Delaware Bay and portions of Delaware, New Jersey, New York, and Pennsylvania, located in the Delaware River watershed, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mining Jobs Protection Act''. SEC. 2. PERMITS FOR DREDGED OR FILL MATERIAL. Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended by striking subsection (c) and inserting the following: ``(c) Authority of Administrator To Disapprove Specifications.-- ``(1) In general.--The Administrator, in accordance with this subsection, may prohibit the specification of any defined area as a disposal site, and may deny or restrict the use of any defined area for specification as a disposal site, in any case in which the Administrator determines, after notice and opportunity for public hearings and consultation with the Secretary, that the discharge of those materials into the area will have an unacceptable adverse effect on-- ``(A) municipal water supplies; ``(B) shellfish beds and fishery areas (including spawning and breeding areas); ``(C) wildlife; or ``(D) recreational areas. ``(2) Deadline for action.-- ``(A) In general.--The Administrator shall-- ``(i) not later than 30 days after the date on which the Administrator receives from the Secretary for review a specification proposed to be issued under subsection (a), provide notice to the Secretary of, and publish in the Federal Register, a description of any potential concerns of the Administrator with respect to the specification, including a list of measures required to fully address those concerns; and ``(ii) if the Administrator intends to disapprove a specification, not later than 60 days after the date on which the Administrator receives a proposed specification under subsection (a) from the Secretary, provide to the Secretary and the applicant, and publish in the Federal Register, a statement of disapproval of the specification pursuant to this subsection, including the reasons for the disapproval. ``(B) Failure to act.--If the Administrator fails to take any action or meet any deadline described in subparagraph (A) with respect to a proposed specification, the Administrator shall have no further authority under this subsection to disapprove or prohibit issuance of the specification. ``(3) No retroactive disapproval.-- ``(A) In general.--The authority of the Administrator to disapprove or prohibit issuance of a specification under this subsection-- ``(i) terminates as of the date that is 60 days after the date on which the Administrator receives the proposed specification from the Secretary for review; and ``(ii) shall not be used with respect to any specification after issuance of the specification by the Secretary under subsection (a). ``(B) Specifications disapproved before date of enactment.--In any case in which, before the date of enactment of this subparagraph, the Administrator disapproved a specification under this subsection (as in effect on the day before the date of enactment of the Mining Jobs Protection Act) after the specification was issued by the Secretary pursuant to subsection (a)-- ``(i) the Secretary may-- ``(I) reevaluate and reissue the specification after making appropriate modifications; or ``(II) elect not to reissue the specification; and ``(ii) the Administrator shall have no further authority to disapprove the modified specification or any reissuance of the specification. ``(C) Finality.--An election by the Secretary under subparagraph (B)(i) shall constitute final agency action. ``(4) Applicability.--Except as provided in paragraph (3), this subsection applies to each specification proposed to be issued under subsection (a) that is pending as of, or requested or filed on or after, the date of enactment of the Mining Jobs Protection Act''. SEC. 3. REVIEW OF PERMITS. Section 404(q) of the Federal Water Pollution Control Act (33 U.S.C. 1344(q)) is amended-- (1) in the first sentence, by striking ``(q) Not later than'' and inserting the following: ``(q) Agreements; Higher Review of Permits.-- ``(1) Agreements.-- ``(A) In general.--Not later than''; (2) in the second sentence, by striking ``Such agreements'' and inserting the following: ``(B) Deadline.--Agreements described in subparagraph (A)''; and (3) by adding at the end the following: ``(2) Higher review of permits.-- ``(A) In general.--Subject to subparagraph (C), before the Administrator or the head of another Federal agency requests that a permit proposed to be issued under this section receive a higher level of review by the Secretary, the Administrator or other head shall-- ``(i) consult with the head of the State agency having jurisdiction over aquatic resources in each State in which activities under the requested permit would be carried out; and ``(ii) obtain official consent from the State agency (or, in the case of multiple States in which activities under the requested permit would be carried out, from each State agency) to designate areas covered or affected by the proposed permit as aquatic resources of national importance. ``(B) Failure to obtain consent.--If the Administrator or the head of another Federal agency does not obtain State consent described in subparagraph (A) with respect to a permit proposed to be issued under this section, the Administrator or Federal agency may not proceed in seeking higher review of the permit. ``(C) Limitation on elevations.--The Administrator or the head of another Federal agency may request that a permit proposed to be issued under this section receive a higher level of review by the Secretary not more than once per permit. ``(D) Effective date.--This paragraph applies to permits for which applications are submitted under this section on or after January 1, 2010.''.

Mining Jobs Protection Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to repeal provisions that require the Administrator of the Environmental Protection Agency (EPA) to consult with the Secretary of the Army before denying or restricting the use of specified areas as disposal sites for discharges of dredged or fill material into waters of the United States. Requires the Administrator to provide, within specified timeframes, to: (1) the Secretary notice of any concerns with respect to a specification for a disposal site proposed to be issued under a permit to discharge into navigable waters; and (2) the Secretary and permit applicants the reasons for any disapproval of permits. Removes the Administrator's authority to prohibit the specification of any defined area as a disposal site: (1) 60 days after the Administrator receives the proposed specification from the Secretary for review; and (2) once the Secretary has issued a permit for dredged or fill material. Authorizes the Secretary to reevaluate and reissue, or to elect not to reissue, a specification in any case in which, before the enactment of this Act, the Administrator disproved of a specification after it was issued by the Secretary. Sets forth requirements that must be met before the Administrator or the head of another agency requests that a proposed permit for dredged or fill material receive a higher level of review by the Secretary.

A bill to amend the Federal Water Pollution Control Act to clarify the authority of the Administrator to disapprove specifications of disposal sites for the discharge of, dredged or fill material, and to clarify the procedure under which a higher review of specifications may be requested.

SECTION 1. INCLUSION OF ADDITIONAL PORTION OF THE LITTLE SANDY RIVER WATERSHED IN THE BULL RUN WATERSHED MANAGEMENT UNIT, OREGON. (a) In General.--Public Law 95-200 (16 U.S.C. 482b note) is amended by striking section 1 and inserting the following: ``SECTION 1. ESTABLISHMENT OF SPECIAL RESOURCES MANAGEMENT UNIT; DEFINITION OF SECRETARY. ``(a) Establishment.-- ``(1) In general.--There is established, subject to valid existing rights, a special resources management unit in the State of Oregon comprising approximately 98,272 acres, as depicted on a map dated May 2000, and entitled `Bull Run Watershed Management Unit'. ``(2) Map.--The map described in paragraph (1) shall be on file and available for public inspection in the offices of the Regional Forester-Pacific Northwest Region, Forest Service, Department of Agriculture, and in the offices of the State Director, Bureau of Land Management, Department of the Interior. ``(3) Boundary adjustments.--Minor adjustments in the boundaries of the unit may be made from time to time by the Secretary after consultation with the city and appropriate public notice and hearings. ``(b) Definition of Secretary.--In this Act, the term `Secretary' means-- ``(1) with respect to land administered by the Secretary of Agriculture, the Secretary of Agriculture; and ``(2) with respect to land administered by the Secretary of the Interior, the Secretary of the Interior.''. (b) Conforming and Technical Amendments.-- (1) Secretary.--Public Law 95-200 (16 U.S.C. 482b note) is amended by striking ``Secretary of Agriculture'' each place it appears (except subsection (b) of section 1, as added by subsection (a), and except in the amendments made by paragraph (2)) and inserting ``Secretary''. (2) Applicable law.-- (A) In general.--Section 2(a) of Public Law 95-200 (16 U.S.C. 482b note) is amended by striking ``applicable to National Forest System lands'' and inserting ``applicable to National Forest System land (in the case of land administered by the Secretary of Agriculture) or applicable to land under the administrative jurisdiction of the Bureau of Land Management (in the case of land administered by the Secretary of the Interior)''. (B) Management plans.--The first sentence of section 2(c) of Public Law 95-200 (16 U.S.C. 482b note) is amended-- (i) by striking ``subsection (a) and (b)'' and inserting ``subsections (a) and (b)''; and (ii) by striking ``, through the maintenance'' and inserting ``(in the case of land administered by the Secretary of Agriculture) or section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) (in the case of land administered by the Secretary of the Interior), through the maintenance''. SEC. 2. MANAGEMENT. (a) Timber Harvesting Restrictions.--Section 2(b) of Public Law 95- 200 (16 U.S.C. 482b note) is amended by striking paragraph (1) and inserting the following: ``(1) In general.--Subject to paragraph (2), the Secretary shall prohibit the cutting of trees on Federal land in the entire unit, as designated in section 1 and depicted on the map referred to in that section.''. (b) Repeal of Management Exception.--The Oregon Resource Conservation Act of 1996 (division B of Public Law 104-208) is amended by striking section 606 (110 Stat. 3009-543). (c) Repeal of Duplicative Enactment.--Section 1026 of division I of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4228) and the amendments made by that section are repealed. (d) Water Rights.--Nothing in this section strengthens, diminishes, or has any other effect on water rights held by any person or entity. SEC. 3. LAND RECLASSIFICATION. (a) Within 6 months of the date of enactment of this Act, the Secretaries of Agriculture and Interior shall identify any Oregon and California Railroad lands (O&C lands) subject to the distribution provision of the Act of August 28, 1937 (chapter 876, title II, 50 Stat. 875; 43 U.S.C. sec. 1181f) within the boundary of the special resources management area described in section 1 of this Act. (b) Within 18 months of the date of enactment of this Act, the Secretary of the Interior shall identify public domain lands within the Medford, Roseburg, Eugene, Salem and Coos Bay Districts and the Klamath Resource Area of the Lakeview District of the Bureau of Land Management approximately equal in size and condition as those lands identified in subsection (a) but not subject to the Act of August 28, 1937 (chapter 876, title II, 50 Stat. 875; 43 U.S.C. sec. 1181a-f). For purposes of this subsection, ``public domain lands'' shall have the meaning given the term ``public lands'' in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702), but excluding therefrom any lands managed pursuant to the Act of August 28, 1937 (chapter 876, title II, 50 Stat. 875; 43 U.S.C. 1181a-f). (c) Within 2 years after the date of enactment of this Act, the Secretary of the Interior shall submit to Congress and publish in the Federal Register a map or maps identifying those public domain lands pursuant to subsections (a) and (b) of this section. After an opportunity for public comment, the Secretary of the Interior shall complete an administrative land reclassification such that those lands identified pursuant to subsection (a) become public domain lands not subject to the distribution provision of the Act of August 28, 1937 (chapter 876, title II, 50 Stat. 875; 43 U.S.C. Sec. 1181f) and those lands identified pursuant to subsection (b) become Oregon and California Railroad lands (O&C lands) subject to the Act of August 28, 1937 (chapter 876, title II, 50 Stat. 875; 43 U.S.C. 1181a-f). SEC. 4. ENVIRONMENTAL RESTORATION. (a) In General.--In order to further the purposes of this Act, there is hereby authorized to be appropriated $10,000,000 under the provisions of section 323 of the FY 1999 Interior Appropriations Act (P.L. 105-277) for Clackamas County, Oregon, for watershed restoration, except timber extraction, that protects or enhances water quality or relates to the recovery of species listed pursuant to the Endangered Species Act (P.L. 93-205) near the Bull Run Management Unit. Passed the Senate October 5 (legislative day, September 22), 2000. Attest: GARY SISCO, Secretary.

Requires the cutting of trees to be prohibited on Federal land in the entire unit. Repeals a provision of the Oregon Resource Conservation Act of 1996 which requires certain Unit lands that are not contained in the Bull Run River Drainage to be managed in accordance with the law establishing the Unit. Requires the Secretaries of Agriculture and Interior to identify any Oregon and California Railroad lands (O&C lands), subject to the distribution provision regarding such lands, within the boundary of the Unit. Requires the Secretary of the Interior to identify public domain lands (as defined under this Act) within the Medford, Roseburg, Eugene, Salem and Coos Bay Districts and the Klamath Resource Area of the Lakeview District of the Bureau of Land Management equal in size and condition as such O&C lands, but not subject to the Act relating to the Oregon and California Railroad and Coos Bay Wagon Road grant lands. Requires such Secretary to: (1) submit to Congress and publish in the Federal Register a map or maps identifying those public domain lands mentioned in the two preceding clauses; and (2) after an opportunity for public comment, complete an administrative land reclassification such that the O&C lands within the Unit become public domain lands not subject to the distribution provision and the public domain lands within such Districts become O&C lands subject to such Act. Authorizes appropriations under the provisions of the FY 1999 Interior Appropriations Act for Clackamas County, Oregon, for watershed restoration (except timber extraction) that protects or enhances water quality or relates to the recovery of endangered and threatened species near the Unit in order to further this Act's purposes.

A bill to provide further protections for the watershed of the Little Sandy River as part of the Bull Run Watershed Management Unit, Oregon, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Fairness in Representation Act'' . SEC. 2. FINDINGS. Congress finds as follows: (1) Over half a million people living in the District of Columbia, the capital of our democratic Nation, lack direct voting representation in the United States Senate and House of Representatives. (2) District of Columbia residents have fought and died to defend our democracy in every war since the War of Independence. (3) District of Columbia residents pay billions of dollars in Federal taxes each year. (4) Our Nation is founded on the principles of ``one person, one vote'' and ``government by the consent of the governed''. SEC. 3. TREATMENT OF DISTRICT OF COLUMBIA AS CONGRESSIONAL DISTRICT. (a) In General.--Notwithstanding any other provision of law, the District of Columbia shall be considered a Congressional district for purposes of representation in the House of Representatives. (b) Conforming Amendment Regarding Application of Method of Equal Proportions in Apportionment of House of Representatives.--Section 2(a) of the Act entitled ``An Act to provide for apportioning Representatives in Congress among the several States by the equal proportion method'', approved November 15, 1941 (2 U.S.C. 2b), is amended by inserting ``or the District of Columbia'' after ``no State''. (c) Conforming Amendments Regarding Appointments to Service Academies.-- (1) United states military academy.--Section 4342 of title 10, United States Code, is amended-- (A) in subsection (a), by striking paragraph (5); and (B) in subsection (f), by striking ``the District of Columbia,''. (2) United states naval academy.--Such title is amended-- (A) in section 6954(a), by striking paragraph (5); and (B) in section 6958(b), by striking ``the District of Columbia,''. (3) United states air force academy.--Section 9342 of title 10, United States Code, is amended-- (A) in subsection (a), by striking paragraph (5); and (B) in subsection (f), by striking ``the District of Columbia,''. (d) Effective Date.--This section and the amendments made by this section shall apply with respect to the One Hundred Ninth Congress and each succeeding Congress. SEC. 4. TEMPORARY INCREASE IN APPORTIONMENT OF HOUSE OF REPRESENTATIVES. (a) In General.--Effective January 3, 2005, and until the taking effect of the first reapportionment occurring after the regular decennial census conducted for 2010-- (1) the membership of the House of Representatives shall be increased by 2 members; (2) each such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law; and (3) the State identified by the Clerk of the House of Representatives in the report submitted under subsection (b) shall be entitled to one additional Representative. (b) Transmittal of Revised Apportionment Information by President and Clerk.-- (1) Statement of apportionment by president.--Not later than 30 days after the date of the enactment of this Act, the President shall transmit to Congress a revised version of the most recent statement of apportionment submitted under section 22(a) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress'', approved June 28, 1929 (2 U.S.C. 2a(a)), to take into account the provisions of this Act. (2) Report by clerk.-- Not later than 15 calendar days after receiving the revised version of the statement of apportionment under paragraph (1), the Clerk of the House of Representatives, in accordance with section 22(b) of such Act (2 U.S.C. 2a(b)), shall send to the executive of each State a certificate of the number of Representatives to which such State is entitled under section 22 of such Act, and shall submit a report to the Speaker of the House of Representatives identifying the State entitled to one additional Representative pursuant to this section. (c) Increase not Counted Against Total Number of Members.--The temporary increase in the membership of the House of Representatives provided under subsection (a) shall not-- (1) operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 (2 U.S.C. 2); (2) affect the basis of reapportionment established by the Act of June 28, 1929, as amended (2 U.S.C. 2a), for the Eighty Second Congress and each Congress thereafter; or (3) be taken into account in determining the number of electors under section 3 of title 3, United States Code, with respect to the 2004 Presidential election. SEC. 5. REPEAL OF OFFICE OF DISTRICT OF COLUMBIA DELEGATE. (a) In General.--Sections 202 and 204 of the District of Columbia Delegate Act (Public Law 91-405; sections 1-401 and 1-402, D.C. Official Code) are repealed, and the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted. (b) Conforming Amendments to District of Columbia Elections Code of 1955.--The District of Columbia Elections Code of 1955 is amended-- (1) in section 1 (sec. 1-1001.01, D.C. Official Code), by striking ``the Delegate to the House of Representatives''; (2) in section 2 (sec. 1-1001.02, D.C. Official Code)-- (A) by striking paragraph (6), and (B) in paragraph (13), by striking ``the Delegate to Congress for the District of Columbia''; (3) in section 8 (sec. 1-1001.08, D.C. Official Code)-- (A) by striking ``Delegate'' in the heading, and (B) by striking ``Delegate,'' each place it appears in subsections (h)(1)(A), (i)(1), and (j)(1); (4) in section 10 (sec. 1-1001.10, D.C. Official Code)-- (A) by striking subparagraph (A) of subsection (a)(3), and (B) in subsection (d)-- (i) by striking ``Delegate,'' each place it appears in paragraph (1), and (ii) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (5) in section 15(b) (sec. 1-1001.15(b), D.C. Official Code), by striking ``Delegate,''; and (6) in section 17(a) (sec. 1-1001.17(a), D.C. Official Code), by striking ``except the Delegate to the Congress from the District of Columbia''. (c) Effective Date.--The amendments made by this section shall apply with respect to elections occurring during 2004 and any succeeding year. SEC. 6. REPEAL OF OFFICE OF STATEHOOD REPRESENTATIVE. (a) In General.--Section 4 of the District of Columbia Statehood Constitutional Convention Initiative of 1979 (sec. 1-123, D.C. Official Code) is amended as follows: (1) By striking ``offices of Senator and Representative'' each place it appears in subsection (d) and inserting ``office of Senator''. (2) In subsection (d)(2)-- (A) by striking ``a Representative or''; (B) by striking ``the Representative or''; and (C) by striking ``Representative shall be elected for a 2-year term and each''. (3) In subsection (d)(3)(A), by striking ``and 1 United States Representative''. (4) By striking ``Representative or'' each place it appears in subsections (e), (f), (g), and (h). (5) By striking ``Representative's or'' each place it appears in subsections (g) and (h). (b) Conforming Amendments.-- (1) Statehood commission.--Section 6 of such Initiative (sec. 1-125, D.C. Official Code) is amended-- (A) in subsection (a)-- (i) by striking ``27 voting members'' and inserting ``26 voting members'', (ii) by adding ``and'' at the end of paragraph (5); and (iii) by striking paragraph (6) and redesignating paragraph (7) as paragraph (6); and (B) in subsection (a-1)(1), by striking subparagraph (H). (2) Authorization of appropriations.--Section 8 of such Initiative (sec. 1-127, D.C. Official Code) is amended by striking ``and House''. (3) Application of honoraria limitations.--Section 4 of D.C. Law 8-135 (sec. 1-131, D.C. Official Code) is amended by striking ``or Representative'' each place it appears. (4) Application of campaign finance laws.--Section 3 of the Statehood Convention Procedural Amendments Act of 1982 (sec. 1- 135, D.C. Official Code) is amended by striking ``and United States Representative''. (c) Effective Date.--The amendments made by this section shall apply with respect to elections occurring during 2004 and any succeeding year. SEC. 7. NONSEVERABILITY OF PROVISIONS. If any provision of this Act or any amendment made by this Act is held invalid, the remaining provisions of this Act or any amendment made by this Act shall be treated as invalid.

District of Columbia Fairness in Representation Act - Considers the District of Columbia as a congressional district for purposes of representation in the House of Representatives. Provides, until the taking effect of the first reapportionment occurring after the regular decennial census conducted for 2010, that: (1) the membership of the House shall be increased by two Members; and (2) each such Representative shall be in addition to such current membership; and (3) the State identified by the Clerk of the House in a specified report by the President to Congress shall be entitled to one additional Representative. Prohibits the temporary increase from: (1) increasing or decreasing the permanent membership of the House; (2) affecting the basis of reappointment established by Federal law; or (3) being taken into account in determining the number of electors with respect to the 2004 Presidential election. Amends the District of Columbia Delegate Act to repeal the office of District of Columbia Delegate. Amends the District of Columbia Statehood Constitutional Convention Initiative of 1979 to repeal the office of Statehood Representative.

To establish the District of Columbia as a Congressional district for purposes of representation in the House of Representatives, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lowey-DeLauro Emergency Infrastructure Jobs Act''. SEC. 2. STATE WATER POLLUTION CONTROL REVOLVING FUNDS. Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381-1387) is amended by inserting at the end the following new section: ``SEC. 608. EMERGENCY ECONOMIC STIMULATION PROGRAM. ``(a) In General.--In order to provide a short-term stimulus to the economy of the United States, the Administrator shall make capitalization grants to each State from funds appropriated pursuant to this section. Such grants shall be made in accordance with and subject to the provisions of this title unless otherwise provided in this section. ``(b) Schedule of Grant Payments.-- ``(1) In general.--The schedule of grant payments for grants made under this section shall be as provided under section 601 except that such payments shall be made in semiannual installments instead of quarterly installments. ``(2) First installment.--The first semiannual installment shall be equal to 40 percent of the amount of funds allotted to the State from funds appropriated pursuant to this section and shall be paid to the State not later than the 30th day following the date on which funds are appropriated pursuant to this section. ``(3) Second installment.--The second semiannual installment shall be equal to 60 percent of the amount of such allotted funds and shall be paid to the State not later than the 180th day following such appropriation date. ``(c) Capitalization Grant Agreements.-- ``(1) Specific requirements.-- ``(A) Existing requirements.--Except for the specific requirements set forth in paragraphs (2) and (3) of section 602(b), the specific requirements set forth in such section shall apply to capitalization grants made from funds appropriated pursuant to this section. For purposes of this section, the reference to quarterly grant payments in paragraph (7) of such section shall be treated as a reference to semiannual grant payments. ``(B) Additional requirements.-- ``(i) Number of agreements.--The Administrator shall enter into an agreement under section 602(b) with a State with respect to each of the semiannual payments to be made to the State under this section. ``(ii) First agreement.--The Administrator shall enter into the agreement with respect to the first semiannual payment to be made to the State under this section only after-- ``(I) the State has entered into binding commitments to provide assistance in accordance with the requirements of this title in fiscal year 1993 in an amount equal to 40 percent of the funds allotted to the State from funds appropriated pursuant to section 607 for fiscal year 1993; and ``(II) the State has established to the satisfaction of the Administrator that it will enter into binding commitments to provide assistance in accordance with the requirements of this title in an amount equal to 40 percent of the amount allotted to the State from funds appropriated pursuant to this section within 6 months after the date of such appropriation. ``(iii) Second agreement.--The Administrator shall enter into the agreement with respect to the second semiannual payment to be made to the State under this section only after-- ``(I) the State has entered into binding commitments to provide assistance in accordance with the requirements of this title in fiscal year 1993 in an amount equal to 100 percent of the funds allotted to the State from funds appropriated pursuant to section 607 for fiscal year 1993 (including amounts counted with respect to the meeting of the requirement of clause (ii)(I) by the State); ``(II) the State has entered into binding commitments to provide assistance in accordance with the requirements of this title of 40 percent of the funds allotted to the State from funds appropriated pursuant to this section; and ``(III) the State has established to the satisfaction of the Administrator that it will enter into binding commitments to provide assistance in accordance with the requirements of this title in an amount equal to the remaining 60 percent of the funds allotted to the State from funds appropriated pursuant to this section within 1 year after the date of such appropriation. ``(2) Waiver of matching fund requirement.--Notwithstanding section 602(b), a State shall not be required to deposit in its State water pollution control revolving fund an amount equal to at least 20 percent of the total amount of capitalization grants made with funds appropriated pursuant to this section. ``(d) Allotment Period.--Notwithstanding section 604(c), sums allotted to a State from funds appropriated pursuant to this section shall be available for obligation by the State in accordance with the time periods set forth in clauses (ii)(II) and (iii)(III) of subsection (c)(1)(B), respectively. The amount of such allotment which is not obligated by the State in accordance with such time periods shall be immediately deposited in the Treasury of the United States. ``(e) Types of Assistance.--In addition to the types of assistance authorized by section 603(d), a State may use not to exceed 50 percent of the funds allotted to it from amounts appropriated pursuant to this section to subsidize not to exceed 90 percent of the principal portion of the amount of debt service required to be paid by an entity referred to in section 603(c) if such principle subsidy will be financed from interest earned on funds allotted to the State from amounts so appropriated, if such debt service is being incurred for a project eligible for assistance under this title, and if the State determines that such entity would be financially unable to carry out such project without such subsidy. ``(f) Authorization of Appropriations.--In addition to funds authorized to be appropriated by section 607, there is authorized to be appropriated to carry out the purposes of this title $3,000,000,000 for fiscal year 1993.''. SEC. 3. SUPPLEMENTAL AUTHORIZATION FOR GRANTS UNDER SECTION 306(a)(2) OF THE CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT. (a) Supplemental Authorization.--In addition to amounts otherwise authorized to be appropriated, there are authorized to be appropriated to the Secretary of Agriculture for grants under section 306(a)(2) of the Consolidated Farm and Rural Development Act not to exceed $300,000,000 for fiscal year 1993. (b) Waiver of Annual Dollar Limitation.--The Secretary of Agriculture may use amounts appropriated pursuant to subsection (a) of this section to make grants under section 306(a)(2) of the Consolidated Farm and Rural Development Act, notwithstanding the dollar limitation specified in such section 306(a)(2). (c) Allocation and Availability of Funds.--All amounts appropriated pursuant to subsection (a) of this section shall be allocated to the States in accordance with section 1940.582 (except subsection (i)) and section 1940.587 (except subsection (i)) of title 7, Code of Federal Regulations (January 1, 1992, edition), and all such amounts shall be available to the Secretary of Agriculture, upon the enactment of this section, for States to obligate on an annual basis. (d) Reserved Funds to be Used for Technical Assistance and Training Grants.--The Secretary of Agriculture shall use the amounts appropriated pursuant to subsection (a) of this section that are reserved pursuant to section 306(a)(16)(C) of the Consolidated Farm and Rural Development Act, for grants under section 306(a)(16)(A) of such Act.

Lowey-DeLauro Emergency Infrastructure Jobs Act - Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency to make capitalization grants to each State during FY 1993 for an economic stimulus program administered through such State's water pollution control revolving fund program. Authorizes appropriations. Authorizes supplemental appropriations to the Secretary of Agriculture for FY 1993 for grants to States, Indian tribes, and nonprofit entities and agencies for soil conservation and water resources and waste facilities development purposes as specified under the Consolidated Farm and Rural Development Act. Reserves part of such authorized funds for related technical assistance and training grants.

Lowey-DeLauro Emergency Infrastructure Jobs Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Classroom Safety Act of 2001''. SEC. 2. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT. (a) Placement in Alternative Educational Setting.--Section 615(k) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(k)) is amended-- (1) by redesignating paragraph (10) as paragraph (11); and (2) by inserting after paragraph (9) the following: ``(10) Discipline with regard to weapons.-- ``(A) Authority of school personnel.-- Notwithstanding any other provision of this Act, school personnel may discipline (including expel or suspend) a child with a disability who-- ``(i) carries or possesses a weapon to or at a school, on school premises, or to or at a school function, under the jurisdiction of a State or a local educational agency, or ``(ii) possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance while at a school, on school premises, or to or at a school function, under the jurisdiction of a State or a local educational agency, in the same manner in which such personnel may discipline a child without a disability. Such personnel may modify the disciplinary action on a case-by-case basis. ``(B) Rule of construction.--Nothing in subparagraph (A) shall be construed to prevent a child with a disability who is disciplined pursuant to the authority provided under subparagraph (A) from asserting a defense that the carrying or possession of the weapon, or the possession of an illegal drug or sale or solicitation of the sale of a controlled substance, was unintentional or innocent. ``(C) Free appropriate public education.-- ``(i) Ceasing to provide education.-- Notwithstanding section 612(a)(1)(A), a child expelled or suspended under subparagraph (A) shall not be entitled to continue educational services, including a free appropriate public education, under this title, during the term of such expulsion or suspension, if the State in which the local educational agency responsible for providing educational services to such child does not require a child without a disability to receive educational services after being expelled or suspended. ``(ii) Providing education.-- Notwithstanding clause (i), the local educational agency responsible for providing educational services to a child with a disability who is expelled or suspended under subparagraph (A) may choose to continue to provide educational services to such child. If the local educational agency so chooses to continue to provide the services-- ``(I) nothing in this title shall require the local educational agency to provide such child with a free appropriate public education, or any particular level of service; and ``(II) the location where the local educational agency provides the services shall be left to the discretion of the local educational agency. ``(D) Relationship to other requirements.-- ``(i) Plan requirements.--No agency shall be considered to be in violation of section 612 or 613 because the agency has provided discipline, services, or assistance in accordance with this paragraph. ``(ii) Procedure.--Actions taken pursuant to this paragraph shall not be subject to the provisions of this section, other than this paragraph.''. (b) Conforming Amendments.--(1) Section 615(f)(1) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(f)(1)) is amended by striking ``Whenever'' and inserting the following: ``Except as provided in section 615(k)(10), whenever''. (2) Section 615(k)(1)(A)(ii) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(k)(1)(A)(ii)) is amended in the matter preceding subclause (I) by inserting before ``to an appropriate interim educational setting'' the following: ``except as provided in paragraph (10),''.

Classroom Safety Act of 2001 - Amends the Individuals with Disabilities Education Act (IDEA) to authorize school personnel to discipline (including expel or suspend), in the same manner in which such personnel may discipline a child without a disability, any child with a disability who commits specified school-related weapon or drug offenses. (Thus provides an exception to current IDEA procedural safeguards that require placement in an alternative educational setting.)Authorizes such personnel to modify the disciplinary action on a case-by-case basis. Permits assertion of a defense that the offense was committed unintentionally or innocently.Allows the local educational agency (LEA) responsible for providing educational services to a child with a disability who is expelled or suspended under this Act to choose to continue to provide educational services to such child; but specifies that an LEA that so chooses to continue to provide services: (1) is not required by IDEA to provide such child with a free appropriate public education, or any particular level of service; and (2) has discretion as to the location where it provides the services.

To amend the Individuals with Disabilities Education Act to provide increased authority for school personnel to discipline children with disabilities who engage in certain dangerous behavior.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission on School Finance To Meet the National Education Goals Act''. SEC. 2. FINDINGS. The Congress finds-- (1) State governments have for a long time played the principal role in financing America's education system and historically such role has involved heavy reliance upon locally administered property taxes in conjunction with State prescribed per pupil spending minima, while the Federal Government has been a junior partner in such role, contributing approximately 7 or 8 percent of the amount spent on kindergarten through twelfth grade schooling; (2) the State and local role described in paragraph (1) has traditionally been decentralized; (3) the rapid evolution of an unusually competitive international economy is altering national education needs and the new strategic resource for nations has become the trained intellect of its citizens; (4) the United States is attempting to respond to the challenge described in paragraph (3) by debating and implementing education reform alternatives and setting national education goals; (5) education reforms may have little chance of sustained success and universal achievement of the national education goals may be jeopardized when such reforms are part of a disparate means by which our Nation finances its schools; (6) the means by which United States schools are financed result in-- (A) spending inequality from school-to-school, district-to-district and State-to-State; (B) neglected effectiveness such as finance systems paying little heed to outcomes, accountability, or performance, and seldom is an education attainment target posed regarding desired outcomes or performance incentives; (C) organizational rigidity in which school finance systems are rooted in operational units such as small rural schools, as exemplified by school districts having consolidated in mammoth agencies with cumbersome bureaucratic structures sometimes distant geographically and organizationally from the schools such districts purport to direct; and (D) confusion caused by school finance system accretion and as a consequence intolerable complexity; (7) the entire context in which United States education now operates has been altered in the last 2 decades and expectations for education are higher, and on crucial dimensions, the capacity of schools to respond is lower; and (8) in the absence of alternative school finance mechanisms with adequate and adequately structured resources, the hope of national education goals, national assessments, and a host of other reform alternatives are in jeopardy of foundering on good intentions and rhetoric. SEC. 3. COMMISSION ESTABLISHED. (a) Establishment of the Commission.--There is established as an independent agency in the executive branch a commission to be known as the National Commission on School Finance To Meet the National Education Goals (hereafter in this Act referred to as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 12 members, of which-- (A) 2 shall be appointed by the President; (B) 2 shall be appointed by the Speaker of the House of Representatives; (C) 3 shall be appointed by the Minority Leader of the House of Representatives; (D) 2 shall be appointed by the Majority Leader of the Senate; and (E) 3 shall be appointed by the Minority Leader of the Senate. (2) Special rule.--The membership of the Commission shall provide the Commission with expertise and experience in the provision and financing of elementary and secondary education, including expertise in elementary and secondary school administration, teaching, State legislation, education economics research, and development of standards and assessments. SEC. 4. DUTIES OF THE COMMISSION. (a) Study.--The Commission shall study what has been learned from the research on innovations in practice that will help further understanding of what will be necessary and what the cost implications are for achieving the national education goals and shall investigate the extent to which-- (1) Federal laws demonstrate a consistent and coherent Federal policy regarding educational access and equity with respect to resources; (2) Federal education laws and regulations promote the stated Federal education policy; (3) there are alternatives to current school finance mechanisms; and (4) schools and States have the capacity to respond financially to the reform demands implied in the national education goals and the consequent objectives. (b) Specific Requirements.--In carrying out its responsibilities under this section, the Commission shall synthesize and evaluate existing information in the following areas: (1) Fiscal capacity.--The fiscal capacity of States and local educational agencies to provide access to high quality education to all students, including synthesizing and evaluating information regarding-- (A) the costs of different ways of providing educational services and the factors that impact student achievement; (B) the impact of socioeconomic status and student- to-teacher ratios, and the effect of such status and ratios on student achievement; (C) all revenue expended in the United States on elementary and secondary education, including revenue from Federal, State, local and private sources; (D) international comparisons of expenditure levels, and intergovernmental financial responsibilities, for public elementary and secondary education; (E) population sparsity and density factors with respect to educational needs and costs; (F) revenue available to all local educational agencies in the United States with respect to property taxes, sales taxes, personal income taxes and lotteries; (G) differences in the costs of providing elementary and secondary education by State, and by local educational agencies within States; (H) the capacity of State school finance systems to provide the resources necessary to achieve the national education goals; and (I) the role of educational technologies in improving cost-effectiveness, program quality and equity. (2) Fiscal effort.--The fiscal effort State and local educational agencies make to provide access to high quality education to all students, including synthesizing and evaluating information regarding-- (A) the variables associated with the willingness of communities to tax themselves to raise education revenues; (B) different teaching compensation policies; and (C) school districts with much higher than average per pupil expenditures and school districts with much lower than average per pupil expenditures both before and after the implementation of equalization measures. (3) Policy.--The impact of Federal, State, and local programs and policies on equalizing access to educational opportunity, including synthesizing and evaluating information regarding-- (A) the relationship between the amount of-- (i) Federal education assistance; and (ii) tax expenditures for equalization of school finance; (B) the costs of Federal or State laws that are not fully funded by the level of government that established such laws; (C) the effect of financial incentives on school performance; (D) the consistency and coherency among-- (i) Federal, State, and local educational equity policies; and (ii) Federal, State, and local laws, regulations and resources; and (E) the effect of Federal education assistance programs and Federal, State, or local tax expenditures on equalization of school finance resources. (4) School finance legislation.--The trends in State school finance legislation and judicial actions. (c) Reports and Recommendations.--The Commission shall prepare and submit to the Congress an interim report within 12 months of the date of enactment of this Act and a final report within 18 months of such date. Such reports shall-- (1) summarize the appropriate findings of the Commission; (2) provide to the Congress a comprehensive analysis of the extent to which a consensus exists regarding the appropriate roles of Federal, State and local government in supporting school and State finance reform; (3) provide an analysis of the resources that will be needed at the school, district and State level to achieve the national education goals; and (4) provide an analysis of the capacity of State school finance systems to provide the resources necessary to meet the national education goals. SEC. 5. ADMINISTRATION OF THE COMMISSION. (a) Rate of Pay.--Members of the Commission who are not full-time officers or employees of the United States and who are not Members of Congress may, while serving on business of the Commission, be compensated at a rate not to exceed the rate specified at the time of such service for level IV of the Executive Schedule as authorized by section 5315 of title 5, United States Code, for each day, or any part of a day, they are engaged in actual performance of Commission duties, including travel time; and while so serving away from their homes or regular places of business, all members of the Commission may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in government service employed intermittently. (b) Temporary Exemption.--Subject to such rules as may be adopted by the Commission, the Chairperson, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, shall have the power to-- (1) appoint a Director or Executive Director who shall be paid at a rate not to exceed the rate of basic pay payable for level IV of the Executive Schedule; and (2) appoint and fix the compensation of such other personnel as the Chairperson considers necessary at a rate not to exceed the rate of basic pay payable for level IV of the Executive Schedule. (c) Authority To Contract.--Subject to the Federal Property and Administrative Services Act of 1949, the Commission is authorized to enter into contracts or interagency agreements with Federal and State agencies, private firms, institutions, and individuals for the conduct of activities necessary to the discharge of its duties and responsibilities. (d) Source of Administrative Support.--Financial and administrative support services (including those related to budget and accounting, financial reporting, payroll, and personnel) shall be provided to the Commission by the General Services Administration (or other appropriate organization) for which payment shall be made in advance or by reimbursement from funds of the Commission, in such amounts as may be agreed by the Chairperson of the Commission and the Administrator of General Services. (e) Authority To Hire Experts and Consultants.--The Commission is authorized to procure temporary and intermittent services of experts and consultants as are necessary to the extent authorized by section 3109 of title 5, United States Code, but at rates not to exceed the rate specified at the time of such service for level IV of the Executive Schedule. Experts and consultants may be employed without compensation if they agree to do so in advance. (f) Authority for Detail of Employees.--Upon request of the Commission, the head of any Federal department or agency is authorized to detail on a reimbursable basis, any of the personnel of such department or agency to the Commission to assist the Commission in carrying out its duties under this section. SEC. 6. TERMINATION. The Commission shall terminate 3 years after the first meeting of its members. SEC. 7. DEFINITIONS. For the purpose of this Act-- (1) the term ``elementary school'' has the same meaning given to such term by section 1471(8) of the Elementary and Secondary Education Act of 1965; (2) the term ``local educational agency'' has the same meaning given to such term by section 1471(12) of the Elementary and Secondary Education Act of 1965; (3) the term ``national education goals'' means the national education goals established pursuant to the education summit held in Charlottesville, Virginia in 1989; (4) the term ``secondary school'' has the same meaning given to such term by section 1471(21) of the Elementary and Secondary Education Act of 1965; and (5) the term ``State'' has the same meaning given to such term by section 1471(22) of the Elementary and Secondary Education Act of 1965. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $5,000,000 for each of the fiscal years 1993, 1994, and 1995 to carry out this Act.

National Commission on School Finance to Meet the National Education Goals Act - Establishes the National Commission on School Finance to Meet the National Education Goals (the Commission), as an independent agency in the executive branch. Directs the Commission to: (1) study and report to the Congress on the research on innovations in practice to determine what will be necessary (including cost implications) to achieve the National Education Goals; (2) investigate the extent to which there is a Federal policy on educational equity of resources, Federal education laws promote such policy, there are alternatives to current school finance mechanisms, and schools and States can finance the reform demands implied in such goals; and (3) synthesize and evaluate existing information in specified areas relating to educational need-analysis, school finance, and educational program and cost data-gathering. Authorizes appropriations.

National Commission on School Finance to Meet the National Education Goals Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Grade Crossing Safety Act of 1994''. SEC. 2. GRADE CROSSING SIGNAL DEVICES. Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431) is amended-- (1) by redesignating the subsections after the first subsection (r) as subsections (s), (t), (u), and (v), respectively; and (2) by adding at the end the following new subsection: ``(w) Grade Crossing Signal Devices.--The Secretary shall, within one year after the date of enactment of this subsection, establish nationally uniform standards regarding the allocation of responsibility for selection and installation of signal devices at public railroad- highway grade crossings.''. SEC. 3. STATE HIGHWAY SAFETY MANAGEMENT SYSTEMS. (a) Amendment of Regulations.--The Secretary of Transportation shall conduct a rulemaking proceeding to amend the Secretary's regulations under section 500.407 of title 23, Code of Federal Regulations, to require that each highway safety management system developed, established, and implemented by a State shall, among countermeasures and priorities established under subsection (b)(2) of that section, include-- (1) public railroad-highway grade crossing closure plans that are aimed at eliminating high-risk or redundant crossings (as defined by the Secretary); and (2) railroad-highway grade crossing policies that limit the creation of new at-grade crossings for vehicle or pedestrian traffic, recreational use, or any other purpose. (b) Deadline.--The Secretary of Transportation shall complete the rulemaking proceeding described in subsection (a) and promulgate the required amended regulations, not later than one year after the date of enactment of this Act. SEC. 4. EMERGENCY NOTIFICATION OF GRADE CROSSING PROBLEMS. (a) Toll Free Telephone Number.--The Secretary of Transportation shall establish, not later than one year after the date of enactment of this Act, and thereafter maintain an emergency notification system utilizing a toll free ``800'' telephone number that the public can use to convey to railroads, either directly or through public safety personnel, information about malfunctions or other safety problems at railroad-highway grade crossings. In establishing such emergency notification system, the Secretary may coordinate with, or incorporate components of, existing notification systems. (b) Notices To Public.--Not later than ninety days after the establishment of the emergency notification system described in subsection (a), the Secretary of Transportation shall promulgate regulations requiring railroads with railroad-highway grade crossings to display publicly at each such crossing, in a manner prescribed by the Secretary, information-- (1) describing the emergency notification system; (2) instructing the public how to use the system; (3) stating the toll free telephone number that is available for such use; and (4) specifying the unique number (as assigned by the Secretary) identifying such grade crossing. (c) Treatment in Judicial Proceedings.--A court shall not hold the Secretary of Transportation or any other Federal official or agency, any State or agency or political subdivision of a State, or any railroad liable for damages caused by an action taken under this section or by failure to perform a duty imposed by this section. No evidence may be introduced in a trial or other judicial proceeding that the emergency notification system required by this section exists or is relied upon by any governmental official or entity or any railroad. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation for the purpose of carrying out this section $1,000,000 for fiscal year 1995, $500,000 for fiscal year 1996, and $500,000 for fiscal year 1997. (e) Cost Sharing.--At least 30 percent of the cost of establishing and maintaining the emergency notification system required by this section shall be provided from non-Federal sources. SEC. 5. OPERATION LIFESAVER. (a) Authorization of Appropriations.--Of amounts appropriated to the Secretary of Transportation for railroad research and development, there are authorized to be appropriated to the Secretary $300,000 for fiscal year 1995, $500,000 for fiscal year 1996, and $750,000 for fiscal year 1997, to support Operation Lifesaver, Inc. (b) Program Requirements.--The Secretary of Transportation shall not provide financial assistance to Operation Lifesaver, Inc., in excess of $150,000 for any fiscal year unless-- (1) such excess funding is for the development and implementation of a national, multiyear, multimedia public information and law enforcement program for the reduction of fatalities and serious injuries involving railroad-highway grade crossings and trespassing on railroad rights-of-way and property; and (2) at least 30 percent of the costs of developing and implementing such program is provided from non-Federal sources, including States and railroads. SEC. 6. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS. (a) In General.--In implementing the Intelligent Vehicle-Highway Systems Act of 1991 (23 U.S.C. 307 note), the Secretary of Transportation shall ensure that the National Intelligent Vehicle- Highway Systems Program addresses, in a comprehensive and coordinated manner, the use of intelligent vehicle-highway system technologies to promote safety at railroad-highway grade crossings. The Secretary of Transportation shall ensure that two or more operational tests funded under such Act shall promote highway traffic safety and railroad safety. SEC. 7. PENALTIES FOR CERTAIN GRADE CROSSING VIOLATIONS. (a) Motor Vehicle Violations.--The Secretary of Transportation shall, within six months after the date of enactment of this Act, amend regulations-- (1) under the Hazardous Materials Transportation Act (49 App. U.S.C. 1801 et seq.) to prohibit the driver of motor vehicle transporting hazardous materials in commerce, and (2) under the Motor Carrier Safety Act of 1984 (49 App. U.S.C. 2501 et seq.) to prohibit the driver of any commercial motor vehicle, from driving the motor vehicle onto a railroad-highway grade crossing without having sufficient space to drive completely through the crossing without stopping. (b) Vandalism; Trespassing.--Not later than six months after the date of enactment of this Act, the Secretary of Transportation shall amend the Secretary's regulations under section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431) to make subject to a civil penalty under such Act any person who-- (1) defaces or disables, or commits any other act that adversely affects the function of, any signal system, sign, or device at a grade crossing; or (2) trespasses on a railroad-owned or railroad-leased right-of-way, roadbed, or bridge. SEC. 8. VIOLATION OF GRADE CROSSING LAWS AND REGULATIONS. (a) Federal Regulations.--The Commercial Motor Vehicle Safety Act of 1986 (49 App. U.S.C. 2701 et seq.), as amended by subsection (b) of this section, is further amended by adding at the end the following new section: ``SEC. 12022. VIOLATION OF GRADE CROSSING LAWS AND REGULATIONS. ``(a) Regulations.--The Secretary shall issue regulations establishing sanctions and penalties relating to violations, by persons operating commercial motor vehicles, of laws and regulations pertaining to railroad-highway grade crossings. ``(b) Minimum Requirements.--Regulations issued under subsection (a) shall, at a minimum, require that-- ``(1) any operator of a commercial motor vehicle who is found to have committed a first violation of a law or regulation pertaining to railroad-highway grade crossings shall be disqualified from operating such a vehicle for a period of not less than ninety days and shall be subject to a civil penalty of not less than $1,000; ``(2) any operator of a commercial motor vehicle who is found to have committed a second violation of such a law or regulation shall be disqualified from operating such a vehicle for a period of not less than one year and not more than five years and shall be subject to a civil penalty of not less than $1,000; and ``(3) any employer that knowingly allows, permits, authorizes, or requires an employee to operate a commercial motor vehicle in violation of such a law or regulation shall be subject to a civil penalty of not more than $10, 000. ``(c) Deadline.--The regulations required under subsection (a) shall be issued not later than five years after the date of enactment of this section.''. (b) State Regulations.--Section 12009(a) of the Commercial Motor Vehicle Safety Act of 1986 (49 App. U.S.C. 2708(a)) is amended-- (1) in paragraph (21), by striking ``12020(a)'' and inserting in lieu thereof ``12021(a)''; and (2) by adding at the end the following new paragraph: ``(22) Grade crossing regulations.--The State shall adopt and enforce any regulations issued by the Secretary under section 12022.''. (c) Technical Amendment.--The Commercial Motor Vehicle Safety Act of 1986 (49 App. U.S.C. 2701 et seq.) is amended by redesignating the second section 12020 (as added by section 4009(a) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2156)) as section 12021. SEC. 9. SAFETY ENFORCEMENT. The National Highway Traffic Safety Administration, and the Office of Motor Carrier Safety within the Federal Highway Administration, shall on a continuing basis cooperate with the National Association of Governors' Highway Safety Representatives, the Commercial Vehicle Safety Alliance, and Operation Lifesaver, Inc., to improve compliance with and enforcement of laws and regulations pertaining to reairoad- highway grade crossings.

Railroad Grade Crossing Safety Act of 1994 - Amends the Federal Railroad Safety Act of 1970 to direct the Secretary of Transportation (Secretary) to establish uniform standards regarding the allocation of responsibility for selection and installation of signal devices at public railroad-highway grade crossings. (Sec. 3) Requires the Secretary to conduct a rulemaking proceeding to require that each State highway safety management system include: (1) public railroad-highway grade crossing closure plans that are aimed at eliminating high-risk or redundant crossings; and (2) railroad-highway grade crossings policies that limit the creation of new at-grade crossings for vehicle or pedestrian traffic, recreational use, or any other purpose. (Sec. 4) Requires the Secretary to establish an emergency "800" telephone number notification system that the public can use to convey to railroads information about malfunctions or other safety problems at such crossings. Prohibits a court from holding the Secretary or other Federal agency, or State or local government agency liable for damages caused by any action or failure to perform a duty under this Act. Authorizes appropriations. (Sec. 5) Authorizes appropriations for Operation Lifesaver, Inc. (Sec. 6) Requires the Secretary to ensure that the National Intelligent Vehicle-Highway Systems Program addresses the use of intelligent vehicle-highway system technologies to promote safety at railroad-highway grade crossings. (Sec. 7) Directs the Secretary to promulgate regulations to prohibit the driver of a motor vehicle transporting hazardous materials in commerce, and of any commercial vehicle, from driving such vehicle onto a railroad-highway crossing without having sufficient space to drive through the crossing without stopping. Sets forth civil penalties for persons who deface signs or devices or who trespass on such crossings. (Sec. 8) Amends the Commercial Motor Vehicle Safety Act of 1986 to require the Secretary to issue regulations establishing sanctions and penalties for persons who operate a commercial motor vehicle and violate laws pertaining to railroad-highway grade crossings. (Sec. 9) Requires the National Highway Traffic Safety Administration, and the Office of Motor Carrier Safety within the Federal Highway Administration, to cooperate with the National Association of Governors' Highway Safety Representatives, the Commercial Vehicle Safety Alliance, and Operation Lifesaver, Inc., to improve enforcement of laws pertaining to railroad-highway grade crossings.

Railroad Grade Crossing Safety Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom to Serve Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to article I, section 8 of the United States Constitution, Congress has the power to raise and support armies and to provide and maintain a navy; and to make all laws necessary and proper to carry out these powers. (2) The First Amendment states: ``Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to peaceably assemble, and to petition the government for a redress of grievances.''. (3) According to the United States Supreme Court, the right to peaceable assembly is a right similar to those of free speech and free press and is equally essential. (De Jonge v. Oregon). (4) The key word being ``peaceably'', the First Amendment protects peaceful, not violent, assembly and protest. (5) The successful recruiting of men and women to serve in the armed services of the United States is fundamental to the security of the American people. (6) Serving in the military is highly honorable, and often requires great sacrifice and courage by the men and women of our armed services. (7) United States military recruiters have been subject to an escalating number of acts of vandalism and violent protest, including but not limited to: (A) March 2003: Anti-war protestors in Ithaca, NY, target a recruitment center that had been hit before with Molotov cocktails. On St. Patrick's Day, wielding cups of their own blood, they entered a Lansing military recruitment office and splashed their blood over recruiter posters, military cutouts and the American flag. (B) January 20, 2005: At Seattle Central Community College, Army recruiter Sgt. Jeff Due and his colleague Sgt. 1st Class Douglas Washington were hounded by an angry mob of approximately 500 anti-war students. The recruiters' table was destroyed; their handouts, torn apart. Protesters threw water bottles and newspapers at the soldiers. A far-left anti-war group had been agitating to kick the recruiters off campus. The college administration refused to punish the radicals. (C) January 31, 2005: Recruiters in Manhattan reported that a door to their office had been beaten in. Various anti-war symbols were scrawled in red paint on the building. On the same day, New York police arrested a young Manhattan College junior and charged him with throwing a burning rag into an Army recruiting station and ruining the door locks with super glue. (D) February 1, 2005: At a South Toledo, Ohio, recruitment center, protesters hurled manure all over the building. They broke windows and sprayed vulgar graffiti on office property. (E) March 2005: In East Orange, NJ, young anti- military protesters shattered the windows of an Army recruitment station and a neighboring Navy office. (F) March/April 2005: Anti-war protestors at New York's Bronx Community College shut down several military recruitment sessions. At UC Santa Cruz, protestors drove recruiters off campus after an hour- long demonstration of shouting and window banging. (G) May 2005: Student protestors swarmed the booths of the U.S. Army Corps of Engineers and the USAF at a San Francisco State University career fair. In Wisconsin, an Air Force ROTC information day was canceled due to threats by an anti-war group at the University of Wisconsin-Madison. (H) April 2006: UC Santa Cruz students ambushed military recruiters. Vandals at the University of North Carolina at Chapel Hill tossed cans of red paint in front of an ROTC office and spray-painted vulgarities all over its doors. University of Minnesota students splattered red paint all over an Army recruiting station. (I) December 2006: Protesters in Lawrence, Kansas crippled business at an Army/Navy recruitment center, where workers' car tires were slashed and bomb-proof glass had to be installed. (J) January 2007: Pittsburgh protestors shut down a recruitment station for a day, wielding signs calling recruiters ``child predators''. (K) March 2007: Vandals broke into a Milwaukee recruitment station wielding crowbars. (L) July 2007: A protestor in Bremerton, Wash., slashed tires of Army recruiting vehicles to protest the Iraq war because he ``hated the military''. In Maryland, vandals smashed a Rockville Air Force career center. In Lufkin, Texas, Navy recruiters were the targets of vandals who keyed their cars, smashed their windows and shot at their vehicles with ``what appeared to be a high-powered pellet gun''. (M) August 2007: In Stamford, Conn., a protestor twice left a fake bomb package at a military recruitment office. (N) September 2007: An anti-war group calls on followers to commit fraud to interfere with military recruiters. Anti-war protestors shut down the Times Square recruitment station. (O) October 2007: An anti-war group defaces the Berkeley recruitment office. (P) January 2008: Protesters chain themselves to the Berkeley recruiting center to shut it down, and vandalize the windows with bloody handprints and signs branding recruiters ``death pimps''. (Q) February 2008: Vandals trash the recruiting station at 14th and L Streets in Washington, DC, which has been subjected to multiple attacks. (R) March 2008: A bomb goes off at the Times Square recruitment station. (8) In the face of escalating threats against military recruiters and facilities, Congress must take steps to increase protection of military recruiters and those who wish to serve their country in uniform. SEC. 3. INTERFERENCE WITH MILITARY RECRUITING. (a) Offense.--Chapter 67 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1389. Interfering with military recruiting ``(a) Whoever-- ``(1) by force or threat of force or by physical obstruction, injures, intimidates or interferes with or attempts to injure, intimidate or interfere with any person because that person is or has been providing Federal or State military recruiting services; ``(2) by force or threat of force or by physical obstruction, injures, intimidates or interferes with or attempts to injure, intimidate or interfere with any person lawfully exercising or seeking to exercise their right to inquire about or volunteer for service in the active or reserve armed services of the United States or the National Guard of any State; or ``(3) intentionally damages or destroys the property of a facility, or attempts to do so, because such facility houses or hosts military recruiting services; shall be punished as provided in subsection (b). ``(b) The punishment for an offense under this section is-- ``(1) in the case of a first offense, a fine under this title or imprisonment for not more than one year, or both; and ``(2) in the case of a second or subsequent offense after a prior conviction under this section, a fine under this title or imprisonment for not more than 3 years, or both. ``(c) In this section-- ``(1) the term `facility' includes the building or structure in which recruiting is conducted; ``(2) the term `interfere with' means to restrict any person's ability or freedom to easily enter or leave a recruiting office; ``(3) the term `intimidate' means to place a person in reasonable apprehension of bodily harm to that person or to another; ``(4) the term `physical obstruction' means rendering impassable entrance into or exiting from a facility that provides military recruiting services, or rendering passage to or from such a facility unreasonably difficult or hazardous; ``(5) the term `military recruiting services' means the provision by representatives of the Government or of the armed services, to individuals who might wish to serve in the armed services, of information about military service, assistance in selecting a branch of military service, enlistment information, or any other necessary assistance needed to join the armed services of the United States; and ``(6) the term `State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 67 of title 18, United States Code, is amended by adding at the end the following new item: ``1389. Interfering with military recruiting.''. (c) Direction to Sentencing Commission.--The United States Sentencing Commission, in establishing or amending sentencing guidelines with respect to offenses under the section added to title 18 by this Act, shall consider the threat posed to national security and the national defense by these offenses an aggravating factor so that the base levels for punishment for these offenses is greater than those for otherwise similar offenses.

Freedom to Serve Act of 2008 - Amends the federal criminal code to impose criminal penalties for: (1) using force or the threat of force or physical obstruction to injure, intimidate or interfere with anyone providing federal or state military recruiting services or anyone seeking to inquire about or volunteer for military service in the active or reserve Armed Forces or the National Guard of any state; or (2) intentionally damaging or destroying facilities that house or host military recruiting services.

To amend title 18, United States Code, to prohibit certain forms of interference with military recruiting.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Save Our Small and Seasonal Businesses Act of 2005''. SEC. 2. NUMERICAL LIMITATIONS ON H-2B WORKERS. (a) In General.--Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following: ``(9) An alien counted toward the numerical limitations of paragraph (1)(B) during any one of the 3 fiscal years prior to the submission of a petition for a nonimmigrant worker described in section 101(a)(15)(H)(ii)(b) may not be counted toward such limitation for the fiscal year in which the petition is approved.''. (b) Effective Date.-- (1) In general.--The amendment in subsection (a) shall take effect as if enacted on October 1, 2004, and shall expire on October 1, 2006. (2) Implementation.--Not later than the date of enactment of this Act, the Secretary of Homeland Security shall begin accepting and processing petitions filed on behalf of aliens described in section 101(a)(15)(H)(ii)(b), in a manner consistent with this Act and the amendments made by this Act. SEC. 3. FRAUD PREVENTION AND DETECTION FEE. (a) Imposition of Fee.--Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)), as amended by section 426(a) of division J of the Consolidated Appropriations Act, 2005 (Public Law 108-447), is amended by adding at the end the following: ``(13)(A) In addition to any other fees authorized by law, the Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition under paragraph (1) for nonimmigrant workers described in section 101(a)(15)(H)(ii)(b). ``(B) The amount of the fee imposed under subparagraph (A) shall be $150.''. (b) Use of Fees.-- (1) Fraud prevention and detection account.--Subsection (v) of section 286 of the Immigration and Nationality Act (8 U.S.C. 1356), as added by section 426(b) of division J of the Consolidated Appropriations Act, 2005 (Public Law 108-447), is amended-- (A) in paragraphs (1), (2)(A), (2)(B), (2)(C), and (2)(D) by striking ``H1-B and L'' each place it appears; (B) in paragraph (1), as amended by subparagraph (A), by striking ``section 214(c)(12)'' and inserting ``paragraph (12) or (13) of section 214(c)''; (C) in paragraphs (2)(A)(i) and (2)(B), as amended by subparagraph (A), by striking ``(H)(i)'' each place it appears and inserting ``(H)(i), (H)(ii), ''; and (D) in paragraph (2)(D), as amended by subparagraph (A), by inserting before the period at the end ``or for programs and activities to prevent and detect fraud with respect to petitions under paragraph (1) or (2)(A) of section 214(c) to grant an alien nonimmigrant status described in section 101(a)(15)(H)(ii)''. (2) Conforming amendment.--The heading of such subsection 286 is amended by striking ``H1-B and L''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on October 1, 2005. SEC. 4. SANCTIONS. (a) In General.--Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)), as amended by section 3, is further amended by adding at the end the following: ``(14)(A) If the Secretary of Homeland Security finds, after notice and an opportunity for a hearing, a substantial failure to meet any of the conditions of the petition to admit or otherwise provide status to a nonimmigrant worker under section 101(a)(15)(H)(ii)(b) or a willful misrepresentation of a material fact in such petition-- ``(i) the Secretary of Homeland Security may, in addition to any other remedy authorized by law, impose such administrative remedies (including civil monetary penalties in an amount not to exceed $10,000 per violation) as the Secretary of Homeland Security determines to be appropriate; and ``(ii) the Secretary of Homeland Security may deny petitions filed with respect to that employer under section 204 or paragraph (1) of this subsection during a period of at least 1 year but not more than 5 years for aliens to be employed by the employer. ``(B) The Secretary of Homeland Security may delegate to the Secretary of Labor, with the agreement of the Secretary of Labor, any of the authority given to the Secretary of Homeland Security under subparagraph (A)(i). ``(C) In determining the level of penalties to be assessed under subparagraph (A), the highest penalties shall be reserved for willful failures to meet any of the conditions of the petition that involve harm to United States workers. ``(D) In this paragraph, the term `substantial failure' means the willful failure to comply with the requirements of this section that constitutes a significant deviation from the terms and conditions of a petition.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2005. SEC. 5. ALLOCATION OF H-2B VISAS DURING A FISCAL YEAR. Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)), as amended by section 2, is further amended by adding at the end the following new paragraph: ``(10) The numerical limitations of paragraph (1)(B) shall be allocated for a fiscal year so that the total number of aliens who enter the United States pursuant to a visa or other provision of nonimmigrant status under section 101(a)(15)(H)(ii)(b) during the first 6 months of such fiscal year is not more than 33,000.''. SEC. 6. SUBMISSION TO CONGRESS OF INFORMATION REGARDING H-2B NONIMMIGRANTS. Section 416 of the American Competitiveness and Workforce Improvement Act of 1998 (title IV of division C of Public Law 105-277; 8 U.S.C. 1184 note) is amended-- (1) by striking ``Attorney General'' each place that term appears and inserting ``Secretary of Homeland Security''; and (2) by adding at the end the following new subsection: ``(d) Provision of Information.-- ``(1) Quarterly notification.--Beginning not later than March 1, 2006, the Secretary of Homeland Security shall notify, on a quarterly basis, the Committee on the Judiciary of the Senate and the Committee on the Judiciary of House of Representatives of the number of aliens who during the preceding 1-year period-- ``(A) were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)); or ``(B) had such a visa or such status expire or be revoked or otherwise terminated. ``(2) Annual submission.--Beginning in fiscal year 2007, the Secretary of Homeland Security shall submit, on an annual basis, to the Committees on the Judiciary of the House of Representatives and the Senate-- ``(A) information on the countries of origin of, occupations of, and compensation paid to aliens who were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) during the previous fiscal year; ``(B) the number of aliens who had such a visa or such status expire or be revoked or otherwise terminated during each month of such fiscal year; and ``(C) the number of aliens who were provided nonimmigrant status under such section during both such fiscal year and the preceding fiscal year. ``(3) Information maintained by state.--If the Secretary of Homeland Security determines that information maintained by the Secretary of State is required to make a submission described in paragraph (1) or (2), the Secretary of State shall provide such information to the Secretary of Homeland Security upon request.''.

Save Our Small and Seasonal Businesses Act of 2005 - Amends the Immigration and Nationality Act to prohibit an alien counted toward the numerical limitation applicable to H-2B nonimmigrants (temporary nonagricultural workers) during any of the three fiscal years prior to submission of an H-2B petition from being counted toward the limitation in the year of petition approval. Makes this provision effective as if enacted on October 1, 2004. Provides for its expiration on October 1, 2006. Requires the Secretary of Homeland Security to impose a fraud prevention and detection fee on employers filing H-2B petitions. Mandates the deposit of such fees into the Fraud Prevention and Detection Account. Authorizes additional penalties for a substantial failure to meet any condition of an H-2B petition or the willful misrepresentation of a material fact in such a petition. Requires the allocation of the numerical limitation on the issuance of H-2B visas (currently, 66,000) such that the total number of H-2B nonimmigrants entering the United States during the first six months of a fiscal year is not more than 33,000. Amends the American Competitiveness and Workforce Improvement Act of 1998 to require the Secretary to submit to the Committees on the Judiciary of the House of Representatives and the Senate information regarding: (1) the numbers of aliens granted H-2B status or terminated from H-2B status, on a quarterly basis; and (2) the countries of origin, occupations of, and compensation paid to aliens granted H-2B status, the number of aliens terminated from such status, and the number of aliens provided such status during both the fiscal year reported and the preceding fiscal year, on an annual basis. Requires the Secretary of State to provide information relevant to such reports.

A bill to revise certain requirements for H-2B employers and require submission of information regarding H-2B non-immigrants, and for other purposes.

SECTION 1. RENEWABLE ELECTRICITY INTEGRATION CREDIT. (a) Business Credit.-- (1) In general.--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 new section: ``SEC. 45S. RENEWABLE ELECTRICITY INTEGRATION CREDIT. ``(a) General Rule.--For purposes of section 38, in the case of an eligible taxpayer, the renewable electricity integration credit for any taxable year is an amount equal to the product of-- ``(1) the intermittent renewable portfolio factor of such eligible taxpayer, and ``(2) the number of kilowatt hours of renewable electricity-- ``(A) purchased or produced by such taxpayer, and ``(B) sold by such taxpayer to a retail customer during the taxable year. ``(b) Intermittent Renewable Portfolio Factor.-- ``(1) Years before 2017.--In the case of taxable years beginning before January 1, 2017, the intermittent renewable portfolio factor for an eligible taxpayer shall be determined as follows: ---------------------------------------------------------------------------------------------------------------- ``In the case of an eligible taxpayer whose intermittent For taxable years beginning before For taxable years beginning in or renewable electricity percentage 2012, the intermittent renewable after 2012, the intermittent is: portfolio factor is: renewable portfolio factor is: ---------------------------------------------------------------------------------------------------------------- Less than 4 percent............... zero cents zero cents At least 4 percent but less than 8 0.1 cents zero cents percent.......................... At least 8 percent but less than 0.2 cents 0.2 cents 12 percent....................... At least 12 percent but less than 0.3 cents 0.3 cents 16 percent....................... At least 16 percent but less than 0.4 cents 0.4 cents 20 percent....................... At least 20 percent but less than 0.5 cents 0.5 cents 24 percent....................... Equal to or greater than 24 0.6 cents 0.6 cents. percent.......................... ---------------------------------------------------------------------------------------------------------------- ``(2) Years after 2016.--In the case of taxable years beginning after December 31, 2016, the intermittent renewable portfolio factor for an eligible taxpayer shall be determined as follows: ---------------------------------------------------------------------------------------------------------------- ``In the case of an eligible taxpayer whose intermittent For taxable years beginning before For taxable years beginning in or renewable electricity percentage 2019, the intermittent renewable after 2019, the intermittent is: portfolio factor is: renewable portfolio factor is: ---------------------------------------------------------------------------------------------------------------- Less than 10 percent.............. zero cents zero cents At least 10 percent but less than 0.2 cents zero cents 12 percent....................... At least 12 percent but less than 0.3 cents 0.15 cents 16 percent....................... At least 16 percent but less than 0.4 cents 0.4 cents 20 percent....................... At least 20 percent but less than 0.5 cents 0.5 cents 24 percent....................... Equal to or greater than 24 0.6 cents 0.6 cents. percent.......................... ---------------------------------------------------------------------------------------------------------------- ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Eligible taxpayer.--The term `eligible taxpayer' means an electric utility (as defined in section 3(22) of the Federal Power Act, 16 U.S.C. 796(22)). ``(2) Renewable electricity.--The term `renewable electricity' means electricity generated by-- ``(A) any facility using wind to generate such electricity, ``(B) any facility using solar energy to generate such electricity, or ``(C) any facility using any other intermittent renewable energy source which the Secretary of Energy determines has a capacity factor of less than 50 percent on an annual basis. ``(3) Intermittent renewable electricity percentage.--The term `intermittent renewable electricity percentage' means the percentage of an eligible taxpayer's total sales of electricity to retail customers that is derived from renewable electricity (determine without regard to whether such electricity was produced by the taxpayer). ``(4) Application of other rules.--For purposes of this section, rules similar to the rules of paragraphs (1), (3), and (5) of section 45(e) shall apply. ``(5) Credit allowed only with respect to 1 eligible entity.--No credit shall be allowed under subsection (a) with respect to renewable electricity purchased from another eligible entity if a credit has been allowed under this section or a payment has been made under section 6433 to such other eligible entity. ``(d) Credit Disallowed Unless Credit Passed to Third Party Generators Charged for Integration Costs.-- ``(1) In general.--In the case of renewable electricity eligible for the credit under subsection (a) that is purchased and not produced by an eligible taxpayer, no credit shall be allowed unless any charge the taxpayer has assessed the seller to recover the integration costs associated with such electricity has been reduced (but not below zero) to the extent of the credit received under subsection (a) associated with such electricity. ``(2) Definitions.--For purposes of paragraph (1), charges intended to recover integration costs do not include amounts paid by the producer of the electricity for interconnection facilities, distribution upgrades, network upgrades, or stand alone network upgrades as those terms have been defined by the Federal Energy Regulatory Commission in its Standard Interconnection Procedures. ``(e) Coordination With Payments.--The amount of the credit determined under this section with respect to any electricity shall be reduced to take into account any payment provided with respect to such electricity solely by reason of the application of section 6433.''. (2) Credit made part of general business credit.-- Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the renewable electricity integration credit determined under section 45S(a).''. (3) Specified credit.--Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended by redesignating clauses (vii) through (ix) as clauses (viii) through (x), respectively, and by inserting after clause (v) the following new clause: ``(vi) the credit determined under section 45S.''. (4) 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 new item: ``Sec. 45S. Renewable electricity integration credit.''. (b) Payments in Lieu of Credit.-- (1) In general.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6433. RENEWABLE ELECTRICITY INTEGRATION PAYMENTS. ``(a) In General.--If any eligible person sells renewable electricity to a retail customer, the Secretary shall pay (without interest) to any such person who elects to receive a payment an amount equal to the product of-- ``(1) the intermittent renewable portfolio factor of such eligible person, and ``(2) the number of kilowatt hours of renewable electricity-- ``(A) purchased or produced by such person, and ``(B) sold by such person in the trade or business of such person to a retail customer. ``(b) Timing of Payments.-- ``(1) In general.--Except as provided in paragraph (2), rules similar to the rules of section 6427(i)(1) shall apply for purposes of this section. ``(2) Quarterly payments.-- ``(A) In general.--If, at the close of any quarter of the taxable year of any person, at least $750 is payable in the aggregate under subsection (a), to such person with respect to electricity purchased or produced during-- ``(i) such quarter, or ``(ii) any prior quarter (for which no other claim has been filed) during such taxable year, a claim may be filed under this section with respect to such electricity. ``(B) Time for filing claim.--No claim filed under this paragraph shall be allowed unless filed on or before the last day of the first quarter following the earliest quarter included in the claim. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Eligible person.--The term `eligible person' means an electric utility (as defined in section 3(22) of the Federal Power Act, 16 U.S.C. 796(22)). ``(2) Other definitions.--Any term used in this section which is also used in section 45S shall have the meaning given such term under section 45S. ``(3) Application of other rules.--For purposes of this section, rules similar to the rules of paragraphs (1) and (3) of section 45(e) shall apply. ``(d) Payment Disallowed Unless Amount Passed to Third Party Generators Charged for Integration Costs.-- ``(1) In general.--In the case of renewable electricity eligible for the payment under subsection (a) that is purchased and not produced by an eligible person, no payment shall be made under this section unless any charge the eligible person has assessed the seller to recover the integration costs associated with such electricity has been reduced (but not below zero) to the extent of the payment received under subsection (a) associated with such electricity. ``(2) Definitions.--For purposes of paragraph (1), charges intended to recover integration costs do not include amounts paid by the producer of the electricity for interconnection facilities, distribution upgrades, network upgrades, or stand alone network upgrades as those terms have been defined by the Federal Energy Regulatory Commission in its Standard Interconnection Procedures.''. (2) Clerical amendment.--The table of sections for subpart B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 6433. Renewable electricity integration payments.''. (c) Effective Date.--The amendments made by this section shall apply to electricity produced or purchased after December 31, 2009.

Amends the Internal Revenue Code to allow an electric utility: (1) a renewable electricity integration tax credit for the purchase or production of renewable power, or (2) a payment in lieu of such credit for sales of renewable electricity to retail customers.

A bill to amend the Internal Revenue Code of 1986 to provide a renewable electricity integration credit for a utility that purchases or produces renewable power.

SECTION 1. FINDINGS. Congress finds the following: (1) Radio Free Asia (in this Act referred to as ``RFA'')-- (A) was authorized under section 309 of the United States International Broadcasting Act of 1994 (22 U.S.C. 6208); (B) was incorporated as a private, nonprofit corporation in March 1996 in the hope that its operations would soon be obviated by the global advancement of democracy; and (C) is headquartered in Washington, DC, with additional offices in Bangkok, Hong Kong, Phnom Penh, Seoul, Ankara, Taipei, and Dharamsala. (2) RFA acts as a ``surrogate'' news service, in which its broadcasts serve as substitutes for indigenous free media in regions lacking free media outlets. (3) The mission of RFA is ``to provide accurate and timely news and information to Asian countries whose governments prohibit access to a free press'' in order to enable informed decisionmaking by the people within Asia. (4) The ``surrogate'' broadcasting model was used effectively in Eastern Europe, helping to inspire democrats and create space for civil society. (5) RFA provides daily broadcasts of news, commentary, analysis, and cultural programming to Asian countries in several of the region's languages. (6) The governments of the countries targeted for these broadcasts have actively sought to block RFA's transmissions. (7) RFA has provided continuous online news to its Asian audiences since 2004, although some countries-- (A) routinely and aggressively attempt to block RFA's website; (B) monitor access to RFA's website; and (C) discourage online users by making it illegal to access RFA's website. (8) Despite these attempts, RFA has managed to reach its online audiences through proxies, cutting-edge software, and active republication and repostings by its audience. (9) RFA also provides forums for local opinions and experiences through message boards, podcasts, web logs (blogs), cell phone-distributed newscasts, and new media, including Facebook, Flickr, Twitter, and YouTube. (10) Freedom House has documented that freedom of the press is in decline in nearly every region of the world, particularly in Asia, where none of the countries served by RFA have increased their freedom of the press during the past five years. (11) Independent media sources are nonexistent or severely restrained in their operations in these areas where the press often serves as a means to promote the government's agenda. (12) Congress currently provides grant funding for RFA's operations on a fiscal year basis. (13) RFA's sunset provision has hampered its operations, such as hiring staff and negotiating cost effective lease and capital agreements. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) public access to timely, uncensored, and accurate information is imperative for achieving government accountability, the protection of human rights, and the promotion of democratic values and institutions; (2) Radio Free Asia provides a vital and unique voice to people in Asia; (3) in the 14 years since RFA was established, freedom of the press in Asia has come under intensified attack; (4) some of the governments in Asia spend millions of dollars each year to jam RFA's broadcasts, block its Internet sites, and illegally access RFA's computer networks and user files; (5) the United States should continue to support RFA and the other entities overseen by the Broadcasting Board of Governors for-- (A) Internet censorship circumvention; and (B) enhancement of their cyber security efforts; and (6) permanently authorizing funding for Radio Free Asia would-- (A) reflect the concern that media censorship and press restrictions in the countries served by RFA have increased since RFA was established; (B) send a powerful signal of United States support for a free press in Asia and throughout the world; and (C) enhance the efficiency of RFA's operations. SEC. 3. PERMANENT AUTHORIZATION FOR RADIO FREE ASIA. Section 309 of the United States International Broadcasting Act of 1994 (22 U.S.C. 6208) is amended-- (1) in subsection (c)(2), by striking ``, and shall further specify that funds to carry out the activities of Radio Free Asia may not be available after September 30, 2010''; (2) by striking subsection (f); and (3) by redesignating subsections (g) and (h) as subsection (f) and (g), respectively.

Amends the United States International Broadcasting Act of 1994 to make permanent the authority of the Broadcasting Board of Governors to make grants to operate Radio Free Asia.

To permanently authorize Radio Free Asia, and for other purposes.

SECTION 1. FINDINGS. Congress finds the following: (1) John Walsh, host of the television program ``America's Most Wanted'', has dedicated his life to the pursuit and apprehension of felons and fugitives who have committed murder, rape, robbery, kidnaping, pedophilia, and other atrocious crimes against the citizens of the United States. (2) In doing so, John Walsh has sacrificed his own personal safety and freedom for the good of all citizens of the United States. (3) On July 27, 1981, Adam Walsh, the 6-year-old son of John Walsh, was abducted and brutally murdered. (4) John Walsh and his family have never obtained closure for this heinous crime, because no person was ever charged with the crime and the prime suspect ultimately died in prison. (5) After the death of his son, John Walsh became a tireless advocate for victims' rights. (6) John Walsh has testified more than 35 times before the Congress in support of legislation, and his efforts led to the passage in 1982 of the Missing Children Act and in 1984 of the Missing Children's Assistance Act, which established the National Center for Missing and Exploited Children. (7) John Walsh has lobbied for a constitutional amendment that would secure victims' rights. (8) John Walsh, not ceasing his dedication to the safety and welfare of children with the enactment of new protective statutes, established a public information television program, ``America's Most Wanted'', to expose the criminal activity of various fugitives throughout the United States and abroad. (9) Four days after the debut of the program, on February 11, 1988, the Federal Bureau of Investigation announced the capture in New York City of one of its 10 Most Wanted fugitives, David James Roberts, as a direct result of tips from viewers of the program. (10) On May 29, 1988, the Director of the Federal Bureau of Investigation, William Sessions, appeared on ``America's Most Wanted'' to announce the addition of 3 new fugitives to the Federal Bureau of Investigation's 10 Most Wanted list, one of whom was captured within 24 hours after the announcement. (11) On July 17, 1988, Robert Wayne Fisher, a fugitive wanted for the murder of his wife, was captured just 33 minutes after John Walsh profiled him on ``America's Most Wanted''. (12) On May 7, 1989, John Walsh facilitated the capture of a New Jersey mass murderer who had been at large for nearly 18 years. (13) On January 20, 2001, John Walsh profiled 7 escapees from a maximum security prison in Texas, known as the ``Texas Seven'', on ``America's Most Wanted'', which led to the apprehension of 5 of the escapees 2 days later and the 2 remaining fugitives the following day. (14) John Walsh profiled 2,034 fugitives from justice on ``America's Most Wanted'' as of December 3, 1998, 1,177 of whom have been captured, including 647 who were captured as a direct result of being profiled. (15) On May 10, 1990, John Walsh and ``America's Most Wanted'' for the first time helped recover a missing child, Nicole Ravesi, and aided in the arrest of her abductor, Kenneth Cole. (16) In all, John Walsh has profiled 465 cases involving missing or kidnapped persons, 30 of whom have been reunited with their families. (17) John Walsh has profiled 285 criminal suspects whose identities were unknown to law enforcement officials, and 6 of the suspects have been identified as a result of being profiled. (18) At the request of law enforcement officials, John Walsh has also profiled 35 unidentified victims of foul play, and 2 of the victims have been identified as a result of being profiled. (19) The outstanding contributions of John Walsh to crime victims and the law enforcement community have come at no cost to the taxpayers of the United States. (20) John Walsh, through ``America's Most Wanted'' and through other endeavors, continues to serve law enforcement officials and crime victims through his unfailing dedication to pursuing and capturing dangerous fugitives, protecting the safety of children, and bringing closure to victims of crime in the United States. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The President is authorized to present, on behalf of the Congress, a gold medal of appropriate design to John Walsh in recognition of his outstanding and enduring contributions to the Nation through his work in the fields of law enforcement and victims' rights. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 2 at a price sufficient to cover the cost of the bronze medals (including labor, materials, dies, use of machinery, and overhead expenses) and the cost of the gold medal. SEC. 4. NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. FUNDING AND PROCEEDS OF SALE. (a) Authorization.--There is authorized to be charged against the United States Mint Public Enterprise Fund an amount not to exceed $30,000 to pay for the cost of the medals authorized by this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

Authorizes the President to present, on behalf of the Congress, a congressional gold medal to John Walsh in recognition of his outstanding and enduring contributions to the Nation through his work in the fields of law enforcement and victims' rights.

To authorize the President to award a gold medal on behalf of the Congress to John Walsh in recognition of his outstanding and enduring contributions to the Nation through his work in the fields of law enforcement and victims' rights.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Pension Accessibility Act of 1999''. SEC. 2. REDUCED PBGC PREMIUM FOR NEW PLANS OF SMALL EMPLOYERS. (a) In General.--Subparagraph (A) of section 4006(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1306(a)(3)(A)) is amended-- (1) in clause (i), by inserting ``other than a new single- employer plan (as defined in subparagraph (F)) maintained by a small employer (as so defined),'' after ``single-employer plan,'', (2) in clause (iii), by striking the period at the end and inserting ``, and'', and (3) by adding at the end the following new clause: ``(iv) in the case of a new single-employer plan (as defined in subparagraph (F)) maintained by a small employer (as so defined) for the plan year, $5 for each individual who is a participant in such plan during the plan year.''. (b) Definition of New Single-Employer Plan.--Section 4006(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1306(a)(3)) is amended by adding at the end the following new subparagraph: ``(F)(i) For purposes of this paragraph, a single-employer plan maintained by a contributing sponsor shall be treated as a new single- employer plan for each of its first 5 plan years if, during the 36- month period ending on the date of the adoption of such plan, the sponsor or any member of such sponsor's controlled group (or any predecessor of either) had not established or maintained a plan to which this title applies with respect to which benefits were accrued for substantially the same employees as are in the new single-employer plan. ``(ii)(I) For purposes of this paragraph, the term `small employer' means an employer which on the first day of any plan year has, in aggregation with all members of the controlled group of such employer, 100 or fewer employees. ``(II) In the case of a plan maintained by two or more contributing sponsors that are not part of the same controlled group, the employees of all contributing sponsors and controlled groups of such sponsors shall be aggregated for purposes of determining whether any contributing sponsor is a small employer.''. (c) Effective Date.--The amendments made by this section shall apply to plans established after December 31, 2000. SEC. 3. REDUCTION OF ADDITIONAL PBGC PREMIUM FOR NEW AND SMALL PLANS. (a) New Plans.--Subparagraph (E) of section 4006(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1306(a)(3)(E)) is amended by adding at the end the following new clause: ``(v) In the case of a new defined benefit plan, the amount determined under clause (ii) for any plan year shall be an amount equal to the product of the amount determined under clause (ii) and the applicable percentage. For purposes of this clause, the term `applicable percentage' means-- ``(I) 0 percent, for the first plan year. ``(II) 20 percent, for the second plan year. ``(III) 40 percent, for the third plan year. ``(IV) 60 percent, for the fourth plan year. ``(V) 80 percent, for the fifth plan year. For purposes of this clause, a defined benefit plan (as defined in section 3(35)) maintained by a contributing sponsor shall be treated as a new defined benefit plan for its first 5 plan years if, during the 36-month period ending on the date of the adoption of the plan, the sponsor and each member of any controlled group including the sponsor (or any predecessor of either) did not establish or maintain a plan to which this title applies with respect to which benefits were accrued for substantially the same employees as are in the new plan.''. (b) Small Plans.--Paragraph (3) of section 4006(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1306(a)) is amended-- (1) by striking ``The'' in subparagraph (E)(i) and inserting ``Except as provided in subparagraph (G), the'', and (2) by inserting after subparagraph (F) the following new subparagraph: ``(G)(i) In the case of an employer who has 25 or fewer employees on the first day of the plan year, the additional premium determined under subparagraph (E) for each participant shall not exceed $5 multiplied by the number of participants in the plan as of the close of the preceding plan year. ``(ii) For purposes of clause (i), whether an employer has 25 or fewer employees on the first day of the plan year is determined taking into consideration all of the employees of all members of the contributing sponsor's controlled group. In the case of a plan maintained by two or more contributing sponsors, the employees of all contributing sponsors and their controlled groups shall be aggregated for purposes of determining whether 25-or-fewer-employees limitation has been satisfied.''. (c) Effective Dates.-- (1) Subsection (a).--The amendments made by subsection (a) shall apply to plans established after December 31, 2000. (2) Subsection (b).--The amendments made by subsection (b) shall apply to plan years beginning after December 31, 2000.

Provides for reductions of additional PBGC premiums for new and small defined benefit plans.

Small Business Pension Accessibility Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transform America Transaction Fee of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) An effective stimulus plan meets the criteria of job creation, fiscal responsibility, fairness, targeting of unmet needs, tax reform and revenue sharing. (2) Economic viability is inexorably linked to the rate of economic growth. (3) The current tax structure creates economic distortions that limit growth and job creation. (4) The cost of compliance to taxpayers is five billion hours and approximately $200 billion. (5) The tax code produces inefficiency in revenue raising that forces the nation to struggle unnecessarily under the burden of unequal and inadequate systems of public education and health care, a crumbling physical and social services infrastructure, and a crushing national debt. (6) Restructuring the tax code would promote economic prosperity. (7) Replacing existing Federal taxes with a fee on transactions eliminates systemic inefficiency that plagues the current tax code. (8) Implementing a transaction fee would allow businesses to undertake projects that were not profitable in the past and workers would be more willing to supply labor than before. (9) Responsible tax reform is necessary for all to enjoy financial security, economic prosperity, educational opportunities, and affordable health care. (10) Therefore, it is necessary for the Department of the Treasury to conduct a transaction fee and implementation feasibility study to achieve these stated goals. SEC. 3. STUDY ON THE IMPLEMENTATION OF A TRANSACTION FEE. (a) In General.--The Secretary of the Treasury shall conduct an in- depth study on the implementation of a transaction tax in the United States. In particular, such study shall include a detailed feasibility and impact analysis of the proposal outlined in subsection (b) (as well as an implementation/action plan) to replace all existing Federal taxes with a per transaction fee based on the value of the transaction. (b) Transaction Tax Proposal.-- (1) In general.--The fee under the proposal would apply to all cash and non-cash transactions (including checks, credit cards, transfers of stocks, bonds, and other financial instruments). (2) Exclusions.--The fee would not apply to-- (A) cash transactions of less than $500, and (B) salaries and wages by employers to employees. (3) Cash withdrawals from financial institutions.--The fee under the proposal would apply to cash withdrawals from financial institutions and be set at a rate that is either double or higher than the standard transaction fee. (4) Fee rate.-- (A) In general.--The fee rate is set at a level sufficient to generate revenues equal to revenues under the Internal Revenue Code of 1986. (B) Other potential uses of fee.--The fee rate could be structured to cover 1 or more of the following: (i) A national debt reduction plan requiring elimination of the current national debt of $6.846 trillion over a period of 10 years, with equal annual payments. (ii) A Federal revenue sharing program providing funding to States to support 50% of the K-16 education costs of each State which agrees to adopt an equitable public school finance system. (iii) A Federal program providing health care insurance coverage (for the current estimated 43 million uninsured Americans) which is comparable to the Federal employee benefit program or Medicare. (iv) A Federal revenue sharing program supporting community and economic development investments in high poverty rural and urban areas at a level equal to 10% of current Federal tax revenues. (5) Progressivity.--The base standard transaction fee shall not be greater than 1% for all noncash transactions under $500. If more revenues are needed to meet the requirements of paragraph (4), the Secretary of the Treasury would calculate the minimum level of progressivity required to cover these costs. This progressivity factor may include-- (A) a higher transaction fee for all transactions above $500, and (B) a progressive schedule of rates to tiered ranges of transactions above $500. (6) General provisions.-- (A) Liability for fee.--Persons become liable for the fee at the moment the person exercises control over a piece of property or service, regardless of the payment method. (B) Collection.--The fees will be collected by the seller or financial institution servicing the transaction. (c) Report of Study.-- (1) In general.--The results of the study shall be submitted to the Congress by the Secretary of the Treasury in a comprehensive analytical report, detailing-- (A) the methodology employed in the calculation of the fee rate, (B) the factors considered in assessing feasibility of the proposed revenue generating system and the weight applied to each, and (C) the portion of the transaction fee attributable to each of the programs identified in paragraph (3)(B) and the methodology used to calculate each. (2) Other requirements.--The study shall (in the following order)-- (A) compute the fee needed to meet current revenue generation, (B) compute the fee needed to meet revenue neutrality and generate additional revenue to support the program described in paragraph (3)(B)(i) (relating to national debt reduction plan), (C) compute the fee needed to meet revenue neutrality and generate additional revenue to support all the programs described in paragraph (3)(B), and (D) determine the utility of pegging changes in the transaction fee schedule of rates to the rate of inflation. (3) Comparative analysis.--The study shall include a comparative analysis of the existing revenue-raising system versus the proposed fee-based system on economic behavior. The study shall include an analysis of effect of the 2 systems on-- (A) job creation, (B) economic growth, (C) consumption, (D) investments, and (E) savings levels. (4) Types of transactions.--The study shall include a broad-based examination of all types and categories of transactions, including information on frequency and value of transactions in each category. (5) Impact of exemptions.--The study shall examine the impact of the transaction fee exemption for all cash transactions under $500. (6) Program operations.--The study shall provide instructions on program operations, including-- (A) transaction fee collection, (B) transaction fee implementation, and (C) transaction fee compliance, enforcement, and administrative costs. (7) Fee as tool of fiscal policy.--The study shall assess the transaction fee as a tool of Federal fiscal policy, including an impact analysis on the elimination or retention of existing tax expenditures, incentives, penalties, and credits. The study should also research and comment on options for rebating citizens currently not subject to Federal income taxes and/or other current aspects of the Federal tax code (i.e. the earned income credit, the alternative minimum tax, and the child tax credit). (8) Impact of fee by income levels.--The study shall include an assessment of the impact of the transaction fee by quartile income levels. (9) Implementation plan.--The study shall include a detailed action plan on how best to implement a transaction tax in the United States and shall include-- (A) information on timeline, agency reform, potential pertinent regulatory issues, and type of congressional action needed, and (B) an examination of the feasibility of modifying the overall mission and jurisdiction of the Internal Revenue Service from one focused on tax law application to one focused on uncovering and eliminating waste, fraud, and abuse throughout the Federal Government. (d) Due Date.--The report of the study shall be submitted to the Congress not later than 1 year after enactment of this Act.

Transform America Transaction Fee of 2004 - Directs the Secretary of the Treasury to conduct an in-depth study on the implementation of a transaction tax in the United States, including a detailed feasibility and impact analysis of, and an implementation/action plan for, a proposal to replace all existing Federal taxes with a per transaction fee based on the value of the transaction.

To require a study on transforming America by reforming the Federal tax code through elimination of all Federal taxes on individuals and corporations and replacing the Federal tax code with a transaction fee-based system.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Waco Mammoth National Monument Establishment Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) the Waco Mammoth Site area is located near the confluence of the Brazos River and the Bosque River in Central Texas, near the city of Waco; (2) after the discovery of bones emerging from eroding creek banks leading to the uncovering of portions of 5 mammoths, Baylor University began investigating the site in 1978; (3) several additional mammoth remains have been uncovered making the site the largest known concentration of mammoths dying from the same event; (4) the mammoth discoveries have received international attention; and (5) Baylor University and the City of Waco, Texas, have been working together-- (A) to protect the site; and (B) to develop further research and educational opportunities at the site. SEC. 3. DEFINITIONS. In this Act: (1) City.--The term ``City'' means the city of Waco, Texas. (2) Management plan.--The term ``management plan'' means the management plan for the Monument prepared under section 5(c)(1). (3) Map.--The term ``map'' means the map entitled ``[_____]'', numbered ``[____]'', and dated ``[____]''. (4) Monument.--The term ``Monument'' means the Waco Mammoth National Monument established by section 4(a). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Texas. (7) University.--The term ``University'' means Baylor University in the State. SEC. 4. WACO MAMMOTH NATIONAL MONUMENT, TEXAS. (a) Establishment.--There is established in the State, as a unit of the National Park System, the Waco Mammoth National Monument, as generally depicted on the map. (b) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 5. ADMINISTRATION OF MONUMENT. (a) In General.--The Secretary shall administer the Monument in accordance with-- (1) this Act; (2) any cooperative agreements entered into under subsection (b)(1); and (3) the laws (including regulations) generally applicable to units of the National Park System, including the National Park Service Organic Act (16 U.S.C. 1 et seq.). (b) Authorities of Secretary.-- (1) Cooperative agreements.--The Secretary may enter into cooperative management agreements with the University and the City, in accordance with section 3(l) of Public Law 91-383 (16 U.S.C. 1a-2(l)). (2) Acquisition of land.-- (A) In general.--The Secretary may acquire from willing sellers any land or interest in land within the proposed boundary of the Monument that is necessary for effective management of the Monument. (B) Method of acquisition.-- (i) In general.--The land described in subparagraph (A) may be acquired by donation, purchase with donated or appropriated funds, transfer from another Federal agency, or exchange. (ii) State land.--Land or interests in land owned by the State or a political subdivision of the State may only be acquired by donation or exchange. (3) Construction of facilities on non-federal land.-- (A) In general.--The Secretary may, subject to the availability of appropriations, construct essential administrative or visitor use facilities on non-Federal land within the boundary of the Monument. (B) Donations.--In addition to the use of Federal funds authorized under subparagraph (A), the Secretary may use donated funds, property, and services to carry out that subparagraph. (c) General Management Plan.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this Act, the Secretary, in consultation with the University and the City, shall complete a general management plan for the Monument. (2) Inclusions.--The management plan shall include, at a minimum-- (A) measures for the preservation of the resources of the Monument; (B) requirements for the type and extent of development and use of the Monument; (C) identification of the capacity of the Monument for accommodating visitors; and (D) opportunities for involvement by the University, City, State, and other local and national entities in-- (i) developing educational programs for the Monument; and (ii) developing and supporting the Monument. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Waco Mammoth National Monument Establishment Act of 2009 - Establishes in Texas, as a unit of the National Park System, the Waco Mammoth National Monument. Authorizes the construction of essential administrative or visitor use facilities on non-federal land within the boundary of the Monument. Requires the Secretary of the Interior, in consultation with Baylor University and the city of Waco, to complete a general management plan for the Monument.

A bill to authorize the Secretary of the Interior to establish the Waco Mammoth National Monument in the State of Texas.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Care for Life Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purpose; findings. TITLE I--PREGNANCY AND PARENTING SUPPORT SERVICES Sec. 101. Pregnancy and parenting support services. Sec. 102. Incentives for Workplace Solutions Awareness Campaign. TITLE II--DEPARTMENT OF EDUCATION Sec. 201. Sense of Congress. Sec. 202. Fund for the improvement of postsecondary educational establishments. SEC. 2. PURPOSE; FINDINGS. (a) Purpose.--This Act seeks to achieve a consistent standard of informing newly pregnant women of all services and support that are available to them and to ensure that such women are not abandoned. Women at the point of learning about an unplanned pregnancy often ask themselves what society will to do support them. A myriad of services and support is available, but often pregnant women, and even providers, are unaware of such services and support. The purpose of this Act is to ensure that newly pregnant women are aware of all the services and support that are available to them and this Act furthers the authority to make specialized grants in this regard. (b) Findings.--The Congress finds as follows: (1) Many women do not know where to turn for available assistance during pregnancy, childbirth, and child-rearing, particularly when facing financial, social, emotional, and other life challenges. (2) Women who are pregnant and in fear of being abandoned during pregnancy should have access to available local, State, and Federal governmental, as well as civil society, pregnancy and parenting resources. (3) In a study of how women in the United States face challenging circumstances during pregnancy that affect a woman's willingness to carry a child to term, research shows that of women who do not carry their child to term-- (A) 44 percent are college-aged; (B) 61 percent have at least one child; (C) 69 percent are facing economic challenges; (D) 75 percent feel they cannot afford a child; and (E) 75 percent say that having a baby would interfere with work, school, or the ability to care for other dependents. (4) When a woman discovers she is pregnant while facing physical, financial, social, emotional, and other life challenges, the people around her can help to mitigate anxiety in the face of uncertainty by providing practical support with day-to-day needs associated with pregnancy, birth, and motherhood, particularly in the context of her concerns about-- (A) family, paternity, and community support during pregnancy and following the birth of a child or children; (B) securing opportunities that a woman may require, including the completion of education that leads to employment; and (C) workplaces that accommodate pregnant and parenting women. (5) Often pregnant women are unaware of the support that may be available to them from private and public sources at the local, State, and national levels. TITLE I--PREGNANCY AND PARENTING SUPPORT SERVICES SEC. 101. PREGNANCY AND PARENTING SUPPORT SERVICES. (a) Sense of Congress.--It is the sense of the Congress that women who are pregnant and fear being abandoned under difficult life circumstances, and recipients of care funded through title X of the Public Health Service Act (42 U.S.C. 300 et seq.), title XX of the Social Security Act (42 U.S.C. 1397 et seq.), and other Federal, State, and local health care programs, should be aware of the services available, during and after pregnancy, that will support them while carrying their children to live birth as well as supporting women who are raising their children following birth or giving their children up for adoption. (b) Support Services.--Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended-- (1) by redesignating section 330F as section 330F-1; and (2) by inserting after section 330E the following: ``SEC. 330F. PREGNANCY AND PARENTING SUPPORT SERVICES. ``(a) Database.-- ``(1) In general.--The Secretary shall develop and maintain a comprehensive, publicly accessible, and user friendly database, to be known as the Pregnant and Parenting Women's Care Information Service, to serve as a consolidated source of information on public and private service providers that address the concerns of pregnant women through the provision of pregnancy and parenting support services. ``(2) Information to be included.--The database developed under paragraph (1) shall include a list, by State and locality, of qualified providers including, for each listed provider-- ``(A) Web sites and other relevant sources of information about such provider; ``(B) as applicable and available-- ``(i) contact information for such provider; and ``(ii) the number of years such provider has provided pregnancy and parenting support services; and ``(C) information on the services offered by such provider targeted towards pregnant and parenting women, including the rating and reviews collected under subsection (b)(3). ``(b) Input; Information.--In developing and maintaining the database under subsection (a), the Secretary shall-- ``(1) seek the input of-- ``(A) qualified providers; and ``(B) relevant State officials; ``(2) identify the complete list of Federal programs that provide pregnancy and parenting support services; and ``(3) create a process to collect from women ratings and reviews of qualified providers listed in the database based on the interactions of such women with such providers. ``(c) Best Practices.-- ``(1) Annual review.--The Secretary shall conduct an annual review of best practices in pregnancy and parenting support services nationwide. ``(2) Input.--In conducting each annual review under paragraph (1), the Secretary shall-- ``(A) gather input from qualified providers listed in the database developed under subsection (a) and experts described in subsection (b)(1), including experts and providers representing-- ``(i) State and local governments; ``(ii) the private sector; and ``(iii) prenatal and parenting care centers; and ``(B) in gathering such input, encourage such providers and experts-- ``(i) to share information on best practices described in paragraph (1); and ``(ii) to identify difficulties facing pregnant and parenting women and to develop best practices to address such difficulties. ``(d) Toll-Free Number.--The Secretary shall enter into a contract, through the use of competitive procedures, with an entity to establish and operate a toll-free number to provide women with referrals for obtaining pregnancy and parenting support services, including services to support mental and emotional health. ``(e) Healthy Birth and Healthy Life Grants.-- ``(1) In general.--The Secretary may award competitive grants to providers listed in the database developed under subsection (a) to develop best practices for communities to identify optimal ways to provide pregnancy and parenting support services. ``(2) Supplement not supplant.--The Secretary may award a grant to a provider under this subsection only if the provider agrees that the grant will be used to supplement, and not supplant, pregnancy and parenting support services. ``(f) Prenatal Care Grants to Academic Medical Centers.--The Secretary may award competitive grants to academic medical centers for the exclusive purpose of having individuals affiliated with such academic medical center with expertise in pregnancy and parenting and accompanying social services, including patient advocates, accomplish the following activities: ``(1) Deliver specialized training in pregnancy and parenting support services. ``(2) Develop and implement programs to train individuals to deliver such specialized training. ``(3) Seek input from women who have experienced pregnancy to develop best practices for providers serving such women and advice for other women experiencing pregnancy. ``(g) No Duplication of Effort.--The Secretary shall ensure that the programs and activities authorized or required by this section are not duplicated by other programs and activities of the Department of Health and Human Services. ``(h) Prohibition Against Funding Discriminatory Entities.-- ``(1) Rule.--No Federal funds may be made available to a Federal agency or program, or to a State or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. ``(2) Definition.--In this subsection, the term `health care entity' includes an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan. ``(i) Annual Report.--The Secretary shall submit an annual report to the Congress on the activities carried out under this section, the funds expended on such activities, and the results achieved through such activities. ``(j) Definitions.--In this section: ``(1) Pregnancy and parenting support services.--The term `pregnancy and parenting support services' means services offered during and after pregnancy to pregnant women and new parents in order to help such women and such parents alleviate the physical, financial, social, emotional, and other difficulties that may be encountered during and after pregnancy, consisting of the following: ``(A) Material and financial assistance, including maternity and baby clothing, diapers, baby food (including formula), baby furniture, and car seats. ``(B) Information for parents with newborn children, including adopted children, addressing resources regarding pregnancy and childbirth, infant feeding, time management, parenting special needs children, and nutrition during and after pregnancy. ``(C) Referrals for adoption, job training and placement, housing, personal safety, food stamps, and other governmental assistance. ``(D) Crisis hotlines, including for violence prevention, suicide prevention, and survivors of sexual assault who are pregnant due to such assault. ``(E) Pro bono obstetric and prenatal care services for women in the carrying of their children to live birth, including services during pregnancy and following childbirth, and neonatal care services, including referrals for such services. ``(F) Pro bono legal services to assist women who are pregnant and parents with newborn children, including adopted children. ``(G) Child care services. ``(H) Pursuing collection of child support and alimony. ``(I) Services to assist parents to care for, and prepare to care for, a child with Down syndrome or another prenatally diagnosed condition, and to facilitate the adoption of such children as appropriate. ``(J) Life-skills mentoring, including to enhance the following competencies: ``(i) Strengthening marriage. ``(ii) Communication and conflict management for building healthy marriages and families. ``(iii) Decisionmaking and relationship- building skills prior to marriage. ``(iv) High-risk behavior awareness. ``(K) Services for postpartum depression treatment. ``(2) Qualified provider.--The term `qualified provider' means a service provider, including a pregnancy support center, that has been engaged in providing any pregnancy and parenting supporting services for at least three years.''. SEC. 102. INCENTIVES FOR WORKPLACE SOLUTIONS AWARENESS CAMPAIGN. The Secretary of Labor shall recognize and publicize the practices of employers who successfully meet the needs of their pregnant or parenting employees, such as through the following policies: (1) Family-friendly policies, including-- (A) providing child care facilities; (B) providing family cafeterias and separate cafeterias for those who prefer not to eat with families; (C) family leave policies for small employers not covered by the Family and Medical Leave Act; (D) paid family leave policies for employers covered by such Act; (E) providing rooms for mothers to breastfeed in comfort, with refrigerators for the storage of breast milk; and (F) allowing telecommuting and flexible work schedules, including meeting times conducive to parenting if such meeting times do not harm traditional full-time employees. (2) Establishment of a committees to discuss matters related to employer support for employees who are pregnant or parenting. (3) Policies that support pregnant women. TITLE II--DEPARTMENT OF EDUCATION SEC. 201. SENSE OF CONGRESS. It is the sense of Congress that-- (1) women who are pregnant, including parenting students who fear being abandoned, should be aware of and have access to available educational resources to support them during pregnancy, birth, and with child-rearing; and (2) to address this concern, the Secretary of Education should-- (A) administer a competitive, accountable grant program to provide funds to institutions of higher education for the aggregation and development of pregnancy and child care best practices and programs that support pregnant women and mothers with children who are engaged in childcare while completing postsecondary education; and (B) on an annual basis, report to the appropriate congressional committees on the progress of the Secretary in implementing the grant program and the outcomes related to the best practices and programs carried out under the grant program, including the geographic distribution of such best practices and educational programs. SEC. 202. FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATIONAL ESTABLISHMENTS. Section 741(a) of the Higher Education Act of 1965 (20 U.S.C. 1138(a)) is amended-- (1) by striking ``and'' at the end of paragraph (12); (2) by striking the period at the end of paragraph (13) and inserting ``; and''; and (3) by adding at the end the following: ``(14) developing an online information toolkit about agencies that are working within institutions of higher education to provide services related to pregnancy and child care, the exclusive purpose of which shall be to provide information on such services to help pregnant and parenting students-- ``(A) locate and utilize child care services, family housing, health insurance (for themselves and their family), flexible academic scheduling (such as telecommuting programs), parenting classes and programs, and postpartum counseling and support groups; ``(B) identify scholarships, financial and in-kind resources, grants, and loans for which such students may be eligible; ``(C) meet the material needs of mothers and their children, including such items as maternity and baby clothing, diapers, baby food, baby furniture, and car seats; ``(D) access breast pumps at locations designated for breast feeding within the educational setting to support breast feeding and pumping; and ``(E) access nutrition programs for pregnant women and mothers, including the programs under section 17 of the Child Nutrition Act of 1966 (commonly known as `WIC') and section 4 of the Food and Nutrition Act of 2008 (commonly known as `SNAP').''.

Care for Life Act This bill amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to develop and maintain the Pregnant and Parenting Women's Care Information Service database. This database must provide pregnant women and new parents with information on public and private service providers that help such women and parents in alleviating the physical, financial, social, and emotional difficulties encountered during or after pregnancy. HHS may award grants to: (1) providers to develop best practices for communities to identify optimal ways to provide pregnancy and parenting support services, and (2) academic medical centers to provide specialized training in pregnancy and parenting support services. The Department of Labor must recognize and publicize the practices of employers who successfully meet the needs of their pregnant or parenting employees. The grant program of the Department of Education to improve postsecondary education opportunities is expanded to include funding for the development of an online information toolkit about agencies that are working within institutions of higher education to provide pregnancy and child care services for students.

Care for Life Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``More Books for Africa Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) The World Bank and other donor organizations have determined that next to a good teacher, a good school book is the best and most cost-effective means of advancing education in African schools. (2) The World Bank and other organizations have determined that there is a chronic shortage of text and library books in schools and libraries across Africa, with students left without books or forced to share books at a ratio of 10:1. (3) The countries of Africa have the world's lowest literacy rates, undermining development and weakening citizens' power to effect socioeconomic and political change. (4) Both the Millennium Development Goals and the Education For All initiatives target increased literacy rates by 2015, especially among women and girls, as a key development goal in Africa and the developing world. (5) Most African children who attend school have never owned a book of their own. In many classrooms, 10-20 students share one textbook. (6) Every year of education has been shown to raise a person's income potential by at least 10 percent. (7) In sub-Saharan Africa, 43.5 percent of the total population is under 14 years old. (8) Books and labor to pack these books are currently being donated by citizens across the United States to assist in literacy efforts in Africa. (9) 22,000 books can be shipped in one cargo container and delivered to Africa for an average cost of $11,000. (10) Not-for-profit organizations, through the use of donated books and labor from United States citizens, as well as cash donations, have been able to ship a donated book to Africa for only 50 cents per book, resulting in tremendous cost- efficiency in a time of budget challenges. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the availability of textbooks and library books is a critical component of the massive investment by the United States in primary, secondary, higher, and adult community education; and (2) the donation of textbooks and library books is a powerful tool of public diplomacy and important to United States national security. SEC. 4. MORE BOOKS FOR AFRICA PROGRAM. (a) Establishment and Purpose.--The Administrator of the United States Agency for International Development (USAID), in consultation with the Basic Education Program administered by USAID, shall establish and administer a program to be known as the ``More Books for Africa Program'' (in this Act referred to as the ``Program'') to facilitate the donation, processing, shipping, and distribution of not fewer than 3,000,000 text and library books per year to African schools, libraries, community centers, and other centers of learning in partnership with United States-based entities. (b) Donations.-- (1) In general.--All text and library books sent to Africa through the Program may come only from unrestricted donations from citizens, not-for-profits, educational institutions, libraries, and private companies. (A) Initiative.--The Program shall focus on the donation and distribution of text and library books pertaining to law and democracy, health and medicine, science and math, and other pertinent subject specific areas. (c) Quality of Books.--Donated text and library books shall be evaluated based on-- (1) presence of an attached cover and all pages relevant to the subject matter of such books; (2) condition of book cover and pages, such that the cover and all pages shall have no major rips or stains; and (3) legibility of text, such that all text should be legible. (d) United States-based Partnerships.-- (1) In general.--The Program shall encourage partnerships with faith-based organizations, community organizations, K-12 educational institutions, and private companies in the United States for the purpose of leveraging funds and collecting donated text and library books. (2) Donation and shipment.--The Program shall help United States entities referred to in paragraph (1) sponsor the donation and shipment of text and library books to communities in Africa and foster cross-cultural relations between such communities. (3) Volunteers.--The Program shall leverage the work of volunteers in the collection of donated text and library books and the preparation of such book shipments. (e) Africa-based Partnerships.-- (1) Ministries of education.--The Program shall encourage partnerships with African ministries of education (or similar) to aid in the identification and distribution of text and library books to communities in need. (2) United states ambassadors.--The Program shall encourage United States Ambassadors to African countries to make the establishment of libraries and donations of text and library books to schools on behalf of the United States a priority in their work and in the use of the Ambassador's Special Self-Help Program. (3) Peace corps.--The Program shall leverage the work in Africa of the Peace Corps and its volunteers in the distribution of text and library books to communities in Africa. (4) Nongovernmental organizations.--The Program shall encourage partnerships with local African nongovernmental organizations and community organizations to aid in the distribution of text and library books. (5) Literacy organizations.--The Program shall encourage collaboration with African literacy organizations to provide training of librarians and teachers in text and library book use, distribution of such books to in-country locations, and clearance of such book containers from port locations. (f) Authorized Activities.-- (1) In general.--Amounts appropriated pursuant to the authorization of appropriations in section 6 may be used to cover the following costs associated with the Program: (A) Collection and processing of donated text and library books. (B) Shipping such books to Africa. (C) Distribution of such books. (D) Establishing partnerships in accordance with subsections (d) and (e). (2) Prohibitions.-- (A) Purchase and development.--Amounts authorized to be appropriated pursuant to section 6 to carry out the Program may not be used for the purchase or development of text and library books under the Program. (B) Amounts.--The cost for collecting, processing, shipping, and distributing text and library books under the Program may not exceed $750 per 1,000 books. (g) Monitoring and Evaluation.-- (1) Safeguards.--The Administrator of USAID shall establish safeguards to ensure that text and library books donated under the Program are not resold on the African market. (2) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report on the Program . The report shall describe-- (A) the number of text and library books donated under the Program; (B) the use of text and library books donated under the Program; (C) the entities receiving text and library books donated under the Program, including end recipients and any intermediary entities involved in such book distribution within African countries; and (D) the participation of the Ambassador's Special Self-Help Program, including a list of participating USAID missions. (h) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator of USAID $3,000,000 for each of fiscal years 2010 through 2014 for purposes of establishing and implementing the Program.

More Books for Africa Act of 2009 - Expresses the sense of Congress that: (1) the availability of textbooks and library books is a critical component of the U.S. investment in primary, secondary, higher, and adult community education; and (2) the donation of textbooks and library books is a powerful diplomatic tool. Directs the Administrator of the United States Agency for International Development (USAID) to establish the More Books for Africa Program to facilitate the donation and distribution of not fewer than 3 million text and library books per year to African schools, libraries, and community learning centers in partnership with U.S.-based entities. Provides that: (1) Program books may come only from unrestricted donations from citizens, not-for-profits, educational institutions, libraries, and private companies; (2) the Program shall encourage partnerships with faith-based organizations, community organizations, K-12 educational institutions, and private companies; (3) the Program shall encourage partnerships with African ministries of education; and (4) the Program shall encourage U.S. Ambassadors to African countries to make the establishment of libraries and donations of books to schools on behalf of the United States a priority. Provides for Program monitoring.

To establish the More Books for Africa Program to facilitate the donation, processing, shipping, and distribution of text and library books to African schools, libraries, community centers, and other centers of learning in partnership with United States-based entities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission To Ensure Small Aircraft Safety Act of 1993''. SEC. 2. FINDINGS. Congress finds and declares the following: (1) Small aircraft safety is a serious national concern. (2) The Federal Government's resources must be utilized to ensure the safety of small aircraft travel. (3) On at least three separate occasions, the National Transportation Safety Board contacted the Federal Aviation Administration regarding the Hartzell HC-B4 propeller assembly featured on Mitsubishi MU-2 aircraft. (4) The National Transportation Safety Board urged the Federal Aviation Administration to conduct full fleet inspections of Hartzell propeller assemblies as a result of an accident near Utica, New York. (5) The Federal Aviation Administration concluded that a special investigation was not warranted. (6) The National Transportation Safety Board found the Federal Aviation Administration's responses unacceptable. (7) The National Transportation Safety Board has no other authority to pursue its recommendations other than to report to the Federal Aviation Administration. (8) Small aircraft safety investigatory practices and procedures should be examined. (9) Federal Government resources are not utilized effectively when there is no mechanism or procedure to resolve disagreements among Federal agencies over questions of small aircraft safety. (10) Procedures are necessary to resolve Federal agency disagreements over aircraft safety. (11) Alleviating Government gridlock among Federal entities responsible for the safety of our Nation's pilots and passengers should be a top priority. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the National Commission To Ensure Small Aircraft Safety (hereafter in this Act referred to as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 11 members of whom-- (A) 1 shall be appointed by the President, subject to paragraph (2); (B) 5 shall be appointed by the President pro tempore of the Senate, 3 upon the recommendation of the majority leader of the Senate, and 2 upon the recommendation of the minority leader of the Senate, from among the Members of the Senate; and (C) 3 shall be appointed by the Speaker of the House of Representatives from among the Members of such House, and 2 shall be appointed by the minority leader of the House of Representatives from among the Members of such House. (2) Prohibition.--The member of the Commission appointed under paragraph (1)(A) may not be an employee or former employee of the Federal Government. (3) Date.--The appointments of the members of the Commission shall be made no later than 30 days following the date of the enactment of this Act. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--No later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--Except for its initial meeting, the Commission shall meet at the call of the Chairman. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) In General.--Members appointed shall be appointed from among individuals who are experts in general aviation policy (including representatives of Federal, State and local governments and other public authorities responsible for general aviation and small aircraft safety), small aircraft safety, and organizations representing general aviation, small aircraft pilots, passengers, shippers, and small aircraft designers and manufacturers. (h) Chairman and Vice Chairman.--The Commission shall select a Chairman and Vice Chairman from among its members. SEC. 4. DUTIES OF THE COMMISSION. (a) Study.--The Commission shall conduct a thorough study and investigation of all matters relating to current investigatory procedures and practices of the National Transportation Safety Board and the Federal Aviation Administration with respect to small aircraft safety; the adequacy of these practices and procedures, the coordination of National Transportation Safety Board and Federal Aviation Administration investigations and enforcement of recommendations; the enforcement of Federal Aviation Administration small aircraft safety regulations; and the impediments to full utilization of National Transportation Safety Board and Federal Aviation Administration investigatory resources and enforcement. (b) Recommendations.--The Commission shall develop recommendations on those policies which need to be adopted to-- (1) achieve a national goal of safety in small aircraft and the general aviation industry; (2) resolve disagreements among Federal investigatory and regulatory agencies responsible for small aircraft safety; (3) develop coordination among Federal agencies responsible for investigating small aircraft safety; and (4) ensure full and effective enforcement of small aircraft safety regulations. (c) Report.--No later than 6 months after the date of the enactment of this Act, the Commission shall submit a report to the President and the Congress which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) 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. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals 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. 7. TERMINATION OF THE COMMISSION. The Commission shall terminate 180 days after the date on which the Commission submits its report under section 4. All records and papers of the Commission shall be deposited by the Administrator of General Services in the National Archives. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated $____________ for fiscal year 1994 to the Commission to carry out the purposes of this Act. (b) Availability.--Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

National Commission To Ensure Small Aircraft Safety Act of 1993 - Establishes the National Commission To Ensure Small Aircraft Safety. Requires the Commission to study and report to the President and the Congress on: (1) the current investigatory practices of the National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA) with respect to small aircraft safety; (2) the adequacy of such practices; (3) the coordination of NTSB and FAA investigations and enforcement of recommendations; (4) the enforcement of FAA small aircraft safety regulations; and (5) the impediments to full utilization of NTSB and FAA investigatory resources and enforcement. Authorizes appropriations.

National Commission To Ensure Small Aircraft Safety Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Violence Screening and Services Act of 2002''. SEC. 2. FINDINGS. Congress finds the following: (1) Nearly \1/3\ of American women (31 percent) report being physically or sexually abused by a husband or boyfriend at some point in their lives, and about 1200 women are murdered every year by their intimate partner, nearly 3 each day. (2) 85 percent of violent victimizations are experienced by women. (3) 37 percent of all women who sought care in hospital emergency rooms for violence-related injuries were injured by a current or former spouse, boyfriend, or girlfriend. (4) In addition to injuries sustained during violent episodes, physical and psychological abuse are linked to a number of adverse physical health effects including arthritis, chronic neck or back pain, migraine and other frequent headaches, stammering, problems with vision, and sexually transmitted infections, including HIV/AIDS. (5) Medical services for abused women cost an estimated $857,300,000 every year. (6) Each year, at least 6 percent of all pregnant women, about 240,000 pregnant women, in this country are battered by the men in their lives. This battering leads to complications of pregnancy, including low weight gain, anemia, infections, and first and second trimester bleeding. (7) Pregnant and recently pregnant women are more likely to be victims of homicide than to die of any other cause, and evidence exists that a significant proportion of all female homicide victims are killed by their intimate partners. (8) Children who witness domestic violence are more likely to exhibit behavioral and physical health problems including depression, anxiety, and violence towards peers. They are also more likely to attempt suicide, abuse drugs and alcohol, run away from home, engage in teenage prostitution, and commit sexual assault crimes. (9) Fifty percent of men who frequently assault their wives frequently assault their children. The United States Advisory Board on Child Abuse and Neglect suggests that domestic violence may be the single major precursor to child abuse and neglect fatalities in this country. (10) Currently, about 10 percent of primary care physicians routinely screen for intimate partner abuse during new patient visits and nine percent routinely screen during periodic checkups. (11) Recent clinical studies have proven the effectiveness of a 2-minute screening for early detection of abuse of pregnant women. Additional longitudinal studies have tested a 10-minute intervention that was proven highly effective in increasing the safety of pregnant abused women. Comparable research does not yet exist to support the effectiveness of screening men. (12) 70 to 81 percent of the patients studied reported that they would like their health care providers to ask them privately about intimate partner violence. SEC. 3. DOMESTIC VIOLENCE PREVENTION GRANTS. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399O. DOMESTIC VIOLENCE PREVENTION GRANTS. ``(a) Grants Authorized.--The Secretary is authorized to award grants to eligible entities to improve the treatment of and screening for domestic violence. ``(b) Use of Funds.--Grants awarded pursuant to subsection (a) may be used for activities such as-- ``(1) the implementation, dissemination, and evaluation of policies and procedures to guide health care professionals and staff responding to domestic violence; ``(2) the provision of training and follow-up technical assistance to health care professionals and staff to screen for domestic violence, and then to appropriately assess, treat, and refer patients who are victims of domestic violence to domestic violence service providers; and ``(3) the development of on-site access to services to address the safety, medical, mental health, and economic needs of patients either by increasing the capacity of existing health care professionals and staff to address these issues or by contracting with or hiring domestic violence advocates to provide the services or other model appropriate to the geographic and cultural needs of a site. ``(c) Eligible Entity.--In this section, the term `eligible entity' shall means a Federally qualified health centers as defined in section 1861(aa)(4) of the Social Security Act (42 U.S.C. 1395x(aa)(4)). ``(d) Applications.--Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(e) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section, $5,000,000 for each of fiscal years 2003, 2004, 2005, and 2006. ``(2) Set aside for tribal organizations.--An amount equal to 4 percent of the amount appropriated for a fiscal year in accordance with paragraph (1) to carry out this section shall be set aside for making grants to Indian tribes and tribal organizations (as defined in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b)).''. SEC. 4. NATIONAL HEALTH SERVICE CORPS. Section 331 of the Public Health Service Act (42 U.S.C. 254d) is amended-- (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following: ``(i) The Secretary shall ensure that health care professionals working in the National Health Service Corps receive training on how to screen for domestic violence, and to appropriately assess, treat, and refer patients who are victims of domestic violence to domestic violence service providers.''. SEC. 5. GRANTS FOR DOMESTIC VIOLENCE SCREENING AND TREATMENT. (a) Authority To Award Grants.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary''), acting through the Assistant Secretary for the Administration for Children and Families, shall award grants under this section to eligible State entities and eligible local entities in order to strengthen the response of State and local health care systems to domestic violence by building the capacity of health care professionals and staff to identify, address, and prevent domestic violence. (2) Definitions of eligible entities.--In this section: (A) Eligible state entity.--The term ``eligible State entity'' means a State department (or other division) of health, a nonprofit State domestic violence coalition or service-based program, or any other nonprofit or State entity with a history of effective work in the field of domestic violence and health care, that demonstrates that the applicant is representing a team of organizations and agencies working collaboratively to strengthen the response of the health care system to domestic violence and that such team includes domestic violence and health care organizations. (B) Eligible local entity.--The term ``eligible local entity'' means a nonprofit domestic violence service based program, a local department (or other division) of health, a local health clinic, hospital, or system, or any other nonprofit or local entity with a history of effective work in the field of domestic violence and health care. (b) Number and Duration of Programs; Maximum Amount of Grants.-- (1) Number of programs.--Not more than-- (A) 10 programs shall be conducted by eligible State entities under a grant made under this section; or (B) 10 programs shall be conducted by eligible local entities under a grant made under this section. (2) Duration.--A program conducted under a grant made under this section by an eligible State entity or an eligible local entity shall not exceed 4 years. (3) Maximum amount of grants.--A grant awarded under this section shall not exceed-- (A) $350,000 per year, in the case of a program conducted by an eligible State entity; or (B) $150,000 per year, in the case of a program conducted by an eligible local entity. (c) Use of Funds.-- (1) Eligible state entities.--An eligible State entity awarded a grant under this section shall use funds provided under the grant to design and implement comprehensive statewide strategies to improve the response of the health care system to domestic violence in clinical and public health care settings and to promote education and awareness about domestic violence at a statewide level. Such strategies shall include the following: (A) Collaboration with State professional health associations and departments (or other divisions) of health to integrate responses to domestic violence into existing policy, practice, and education efforts. (B) Promotion of policies and funding sources that advance domestic violence screening, training, and protocol development and that protect the confidentiality of patients and prohibit insurance discrimination. (C) Dissemination, implementation, and evaluation of practice guidelines on domestic violence that guide health care providers and public health professionals response to domestic violence. (D) Training and follow-up technical assistance to health care professionals and staff to screen for domestic violence, and then to appropriately assess, treat, and refer patients who are victims of domestic violence to domestic violence services. (E) Creation and implementation of public education campaigns for patients and providers about domestic violence prevention. (F) Development and dissemination of patient and provider education materials. (G) Promotion of the inclusion of domestic violence into medical and nursing school curriculum and integration of domestic violence into health care accreditation and professional licensing examinations, such as medical boards. (H) Evaluation of the practice and institutionalization of screening, intervention, and documentation of domestic violence and promotion of the use of quality improvement measurements. (2) Eligible local entities.--An eligible local entity awarded a grant under this section shall use funds provided under the grant to design and implement comprehensive local strategies to improve the response of the health care system to domestic violence in hospitals, clinics, managed care settings, emergency medical services, and other health care settings. Such strategies shall include the following: (A) Implementation, dissemination, and evaluation of policies and procedures to guide clinical and public health professionals and staff responding to domestic violence including identification, treatment, and documentation of domestic violence and strategies to ensure that health information is held in a manner that protects the patient's privacy and safety. (B) Training and follow-up technical assistance to health care professionals and staff to screen for domestic violence, and then to appropriately assess, treat, and refer patients who are victims of domestic violence to domestic violence services. (C) Development of on-site access to services to address the safety, medical, mental health, and economic needs of patients either by increasing the capacity of existing health care professionals and staff to address these issues or by contracting with or hiring domestic violence advocates to provide the services, or to model other services appropriate to the geographic and cultural needs of a site. (D) Development or adaptation and dissemination of patient and provider education materials. (E) Evaluation of practice and the institutionalization of screening, intervention, and documentation including quality improvement measurements such as patient satisfaction surveys, patient record reviews, case consultation, or other methods used to evaluate and enhance staff compliance with protocols. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Health and Human Services for the purpose of awarding grants under this section, $5,000,000 for each of fiscal years 2003 through 2006.

Domestic Violence Screening and Services Act of 2002 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants to Federally-qualified health centers to improve the treatment of and screening for domestic violence. Earmarks funds for grants to Indian tribes and tribal organizations.Requires that National Health Service health care professionals receive training in screening and treating victims of domestic violence.Directs the Secretary, acting through the Assistant Secretary for the Administration for Children and Families, to award grants for up to four years to State and local governmental and nonprofit entities currently working in the field of domestic violence. Requires that such funds be used to develop strategies to improve the response of the health care system to domestic violence and promote education and awareness through professional training, policies and procedures, on-site access to services, education materials, and evaluation of practice.

A bill to amend title III of the Public Health Service Act to provide coverage for domestic violence screening and treatment, to authorize the Secretary of Health and Human Services to make grants to improve the response of health care systems to domestic violence, and train health care providers and federally qualified health centers regarding screening, identification, and treatment for families experiencing domestic violence.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Effective Immigration Enforcement Partnerships Act of 2008''. SEC. 2. STATE DEFINED. In this Act, the term ``State'' has the meaning given the term in section 101(a)(36) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(36)). SEC. 3. FEDERAL AFFIRMATION OF IMMIGRATION LAW ENFORCEMENT BY STATES AND POLITICAL SUBDIVISIONS OF STATES. Notwithstanding any other provision of law and reaffirming the existing inherent authority of States, law enforcement personnel of a State or a political subdivision of a State have the inherent authority of a sovereign entity to investigate, identify, apprehend, arrest, detain, or transfer to Federal custody aliens in the United States (including the transportation of such aliens across State lines to detention centers), for the purpose of assisting in the enforcement of the immigration laws of the United States in the normal course of carrying out their law enforcement duties. This State authority has never been displaced or preempted by Federal law. SEC. 4. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME INFORMATION CENTER DATABASE. (a) Provision of Information to the NCIC.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Commissioner, United States Customs and Border Protection shall provide the National Crime Information Center of the Department of Justice with any information in the possession of the Commissioner that is related to-- (A) any alien against whom a final order of removal has been issued; (B) any alien who is subject to a voluntary departure agreement; (C) any alien who has remained in the United States beyond the alien's authorized period of stay; and (D) any alien whose visa has been revoked. (2) Requirement to provide and use information.--The information described in paragraph (1) shall be provided to the National Crime Information Center, and the Center shall enter the information into the Immigration Violators File of the National Crime Information Center database, regardless of whether-- (A) the alien received notice of a final order of removal; (B) the alien has already been removed; or (C) sufficient identifying information is available for the alien, such as a physical description of the alien. (b) Inclusion of Information in the NCIC Database.--Section 534(a) of title 28, United States Code, is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: ``(4) acquire, collect, classify, and preserve records of violations of the immigration laws of the United States, regardless of whether the alien has received notice of the violation, sufficient identifying information is available for the alien, or the alien has already been removed; and.''. (c) Permission To Depart Voluntarily.--Section 240B of the Immigration and Nationality Act (8 U.S.C. 1229c) is amended-- (1) by striking ``Attorney General'' each place that term appears and inserting ``Secretary of Homeland Security''; and (2) in subsection (a)(2)(A), by striking ``120'' and inserting ``30''. SEC. 5. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY STATE OR LOCAL LAW ENFORCEMENT. (a) In General.--Title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting after section 240C the following: ``SEC. 240D. TRANSFER OF ILLEGAL ALIENS FROM STATE TO FEDERAL CUSTODY. ``(a) In General.--If the head of a law enforcement entity of a State (or, if appropriate, a political subdivision of the State) exercising authority with respect to the apprehension or arrest of an illegal alien, submits a request to the Secretary of Homeland Security that the alien be taken into Federal custody, the Secretary shall-- ``(1)(A) not later than 72 hours after the conclusion of the State charging process or dismissal process, or if no State charging or dismissal process is required, not later than 72 hours after the illegal alien is apprehended, take the illegal alien into the custody of the Federal Government and incarcerate the alien; or ``(B) request that the relevant State or local law enforcement agency temporarily detain or transport the illegal alien to a location for transfer to Federal custody; and ``(2) designate at least 1 Federal, State, or local prison or jail or a private contracted prison or detention facility within each State as the central facility for law enforcement entities of that State to transfer custody of criminal or illegal aliens to the Department of Homeland Security. ``(b) Reimbursement.-- ``(1) In general.--The Secretary of Homeland Security shall reimburse a State or a political subdivision of a State for all reasonable expenses, as determined by the Secretary, incurred by the State or political subdivision in the detention and transportation of a criminal or illegal alien under subsection (a)(1). ``(2) Cost computation.--The amount reimbursed for costs incurred under subsection (a)(1) shall be equal to the sum of-- ``(A) the product of-- ``(i) the average cost of incarceration of a prisoner in the relevant State, as determined by the chief executive officer of a State (or, as appropriate, a political subdivision of the State); and ``(ii) the number of days that the alien was in the custody of the State or political subdivision; and ``(B) the cost of transporting the criminal or illegal alien from the point of apprehension or arrest to-- ``(i) the location of detention; and ``(ii) if the location of detention and of custody transfer are different, to the custody transfer point. ``(c) Requirement for Appropriate Security.--The Secretary of Homeland Security shall ensure that illegal aliens incarcerated in Federal facilities under this subsection are held in facilities which provide an appropriate level of security. ``(d) Requirement for Schedule.-- ``(1) In general.--In carrying out this section, the Secretary of Homeland Security shall establish a regular circuit and schedule for the prompt transfer of apprehended illegal aliens from the custody of States and political subdivisions of States to Federal custody. ``(2) Authority for contracts.--The Secretary of Homeland Security may enter into contracts with appropriate State and local law enforcement and detention officials to implement this subsection. ``(e) Illegal Alien Defined.--In this section, the term `illegal alien' means an alien who-- ``(1) entered the United States without inspection or at any time or place other than that designated by the Secretary of Homeland Security; ``(2) was admitted as a nonimmigrant and, at the time the alien was taken into custody by the State or political subdivision, had failed to-- ``(A) maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 248; or ``(B) comply with the conditions of the status described in subparagraph (A); ``(3) was admitted as an immigrant and subsequently failed to comply with the requirements of that status; or ``(4) failed to depart the United States as required under a voluntary departure agreement or under a final order of removal.''. (b) Authorization of Appropriations for the Detention and Transportation to Federal Custody of Aliens Not Lawfully Present.-- There is authorized to be appropriated $500,000,000 for the detention and removal of aliens not lawfully present in the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) for fiscal year 2009 and for each subsequent fiscal year. SEC. 6. IMMIGRATION LAW ENFORCEMENT TRAINING OF STATE AND LOCAL LAW ENFORCEMENT PERSONNEL. (a) Training Manual and Pocket Guide.-- (1) Publication.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall publish-- (A) a training manual for State and local law enforcement personnel to train such personnel in the investigation, identification, apprehension, arrest, detention, and transfer to Federal custody of aliens in the United States, including-- (i) the transportation of such aliens across State lines to detention centers; and (ii) the identification of fraudulent documents; and (B) an immigration enforcement pocket guide for State and local law enforcement personnel to provide a quick reference for such personnel in the course of duty. (2) Availability.--The training manual and pocket guide published under paragraph (1) shall be made available to all State and local law enforcement personnel. (3) Applicability.--Nothing in this subsection may be construed to require State or local law enforcement personnel to keep the training manual or pocket guide with them while on duty. (4) Costs.--The Secretary shall be responsible for all costs incurred in the publication of the training manual and pocket guide under this subsection. (b) Training Flexibility.-- (1) In general.--The Secretary of Homeland Security shall make available training of State and local law enforcement officers through as many means as possible, including-- (A) residential training at-- (i) the Federal Law Enforcement Training Center of the Department of Homeland Security in Glynco, Georgia; and (ii) the Center for Domestic Preparedness of the Department of Homeland Security; (B) onsite training held at State or local police agencies or facilities; (C) online training courses by computer, teleconferencing, and videotape; and (D) recording training courses on DVD. (2) Online training.--The head of the Distributed Learning Program of the Federal Law Enforcement Training Center shall make training available for State and local law enforcement personnel via the Internet through a secure, encrypted distributed learning system that-- (A) has all its servers based in the United States; (B) is sealable and survivable; and (C) is capable of having a portal in place not later than 30 days after the date of the enactment of this Act. (3) Federal personnel training.--The training of State and local law enforcement personnel under this section may not displace the training of Federal personnel. (c) Clarification.--Nothing in this Act or in any other provision of law may be construed as making any immigration-related training a requirement for, or a prerequisite to, any State or local law enforcement officer exercising the inherent authority of the officer to investigate, identify, apprehend, arrest, detain, or transfer to Federal custody illegal aliens during the normal course of carrying out the law enforcement duties of the officer. (d) Training Limitation.--Section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) is amended-- (1) by striking ``Attorney General'' each place that term appears and inserting ``Secretary of Homeland Security''; and (2) in paragraph (2), by adding at the end the following: ``Such training may not exceed 14 days or 80 hours, whichever is longer.''. SEC. 7. IMMUNITY. (a) Personal Immunity.-- (1) In general.--Notwithstanding any other provision of law, a law enforcement officer of a State or of a political subdivision of a State, shall be immune from personal liability arising out of the enforcement of any immigration law to the same extent as a Federal law enforcement officer. (2) Applicability.--The immunity provided under paragraph (1) only applies to an officer of a State, or of a political subdivision of a State, who is acting within the scope of the officer's official duties. (b) Agency Immunity.--Notwithstanding any other provision of law, a law enforcement agency of a State, or of a political subdivision of a State, shall be immune from any claim for money damages based on Federal, State, or local civil rights law for an incident arising out of the enforcement of any immigration law, except to the extent that the law enforcement officer of that agency, whose action the claim involves, committed a violation of Federal, State, or local criminal law in the course of enforcing such immigration law. SEC. 8. CRIMINAL ALIEN PROGRAM. (a) Continuation.-- (1) In general.--The Secretary of Homeland Security shall continue to operate the program commonly known as the Criminal Alien Program by-- (A) identifying all removable criminal aliens in Federal and State correctional facilities; (B) ensuring that aliens identified under subparagraph (A) are not released into the United States; and (C) removing aliens identified under subparagraph (A) from the United States after the completion of their sentences. (2) Expansion.--Not later than 9 months after the date of the enactment of this Act, the Secretary of Homeland Security shall expand the Criminal Alien Program to all States. (3) State responsibilities.--Appropriate officials of each State that receives Federal funds for the incarceration of criminal aliens shall-- (A) cooperate with the Federal officials who carry out the Criminal Alien Program; (B) expeditiously and systematically identify criminal aliens in the State's prison and jail populations; and (C) promptly convey information regarding such aliens to the Federal officials who carry out the Criminal Alien Program as a condition for receiving such Federal funds. (b) Authorization for Detention After Completion of State or Local Prison Sentence.--State and local law enforcement officers are authorized to-- (1) hold an illegal alien for a period not to exceed 14 days after the alien has completed the alien's State prison sentence in order to effectuate the transfer of the alien to Federal custody when the alien is removable or not lawfully present in the United States; and (2) issue a detainer that would allow aliens who have served a State prison sentence to be detained by the State prison until personnel from United States Immigration and Customs Enforcement take the alien into custody. (c) Technology Usage.-- (1) In general.--The Secretary of Homeland Security shall use available technology, including videoconferencing, to the maximum extent possible, in order to make the Criminal Alien Program available in remote locations. (2) Mobile access.--Mobile access to Federal databases of aliens, such as the IDENT database maintained by the Secretary of Homeland Security, and live scan technology shall be used to the maximum extent practicable in order to make these resources available to State and local law enforcement agencies in remote locations. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out the Criminal Alien Program-- (1) $40,000,000 for fiscal year 2009; (2) $50,000,000 for fiscal year 2010; (3) $60,000,000 for fiscal year 2011; (4) $70,000,000 for fiscal year 2012; and (5) $80,000,000 for fiscal year 2013 and each succeeding fiscal year. SEC. 9. CONSTRUCTION. Nothing in this Act may be construed to require State or local law enforcement personnel to-- (1) report the identity of a victim of, or a witness to, a criminal offense to the Secretary of Homeland Security for immigration enforcement purposes; (2) arrest such victim or witness for a violation of the immigration laws of the United States; or (3) enforce the immigration laws of the United States.

Effective Immigration Enforcement Partnerships Act of 2008 - States that state and local law enforcement personnel are fully authorized in the normal course of their duties to investigate, apprehend, or transfer to federal custody aliens in the United States (including interstate transportation of such aliens to detention centers) in order to assist in the enforcement of U.S. immigration laws. Provides for the listing of immigration violators in the National Crime Information Center database. Amends the Immigration and Nationality Act with respect to illegal aliens apprehended by state or local authorities to provide for: (1) federal custody upon state or local enforcement entity request; and (2) state or local compensation for related incarceration and transportation costs. Directs the Secretary of Homeland Security to establish immigration-related training for state and local personnel. Provides: (1) personal liability immunity to the same extent as corresponding federal immunity for state or local personnel enforcing immigration laws within the scope of their duties; and (2) civil rights money damage immunity for state or local agencies enforcing immigration laws unless their personnel violated criminal law in such enforcement. Authorizes a state or locality to: (1) detain an illegal alien after completion of such alien's state prison sentence for up to 14 days to facilitate federal transfer; and (2) issue a detainer that would allow the detention of aliens who have served such a sentence until taken into federal custody. States that nothing in this Act may be construed to require state or local law enforcement personnel to: (1) report the identity of a victim of, or a witness to, a criminal offense for immigration enforcement purposes; (2) arrest such victim or witness for an immigration violation; or (3) enforce U.S. immigration laws.

A bill to provide for enhanced Federal enforcement of, and State and local assistance in the enforcement of, the immigration laws of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as ``Student Financial Aid Simplification Act''. SEC. 2. FAFSA SIMPLIFICATION. Section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``The Secretary'' and inserting ``Subject to subsection (i), the Secretary''; and (B) in paragraph (6), by striking ``The need'' and inserting ``Subject to subsection (i), the need''; and (2) by adding at the end the following new subsection: ``(i) FAFSA Simplification.-- ``(1) In general.--Effective with respect to academic year 2013-2014 and each succeeding academic year and notwithstanding subsection (a)(6) and any other provision of this section, with respect to a student who is a taxpayer or a dependent of a taxpayer and who does not meet the requirements of subsection (b) or (c) of section 479, the need and eligibility of such student for financial assistance under part A through E (other than subpart 4 of part A) may be determined only by-- ``(A) authorizing the Secretary to obtain from the Internal Revenue Service income data, and other taxpayer data needed to compute an expected family contribution for the student, from two years prior to the student's planned enrollment date; and ``(B) submitting to the Secretary the supplemental information described in paragraph (3). ``(2) Authorization under the irc and distribution of data.--Returns and return information (as defined in section 6103 of the Internal Revenue Code of 1986) may be obtained under paragraph (1)(A) only to the extent authorized by section 6103(l)(23) of such Code, except that institutions of higher education and States shall receive, without charge, such information from the Secretary for the purposes of processing loan applications and determining need and eligibility for institutional and State financial aid awards. ``(3) Supplemental information.--Each student described in paragraph (1) who is applying for financial assistance under parts A through E (other than under subpart 4 of part A) shall submit to the Secretary at such time and in such manner as required by the Secretary, any information that is needed to determine the student's need and eligibility for such financial assistance or to administer the programs under this title, but that is not available from the Internal Revenue Service to the extent authorized by section 6103(l)(23) of the Internal Revenue Code of 1986, including information with respect to the student's-- ``(A) citizenship or permanent residency status; ``(B) dependency status; ``(C) registration for selective service; ``(D) State of legal residence; ``(E) family members, including the total number and the number in postsecondary education; ``(F) secondary school completion status; ``(G) drug conviction status; ``(H) completion of a first bachelor's degree; ``(I) email address; and ``(J) institution or institutions of higher education in which the student is enrolled or to which the student is applying for admission. ``(4) Regulations.-- ``(A) In general.--The Secretary shall prescribe such regulations as may be necessary to carry out this subsection. ``(B) Inapplicability of rulemaking requirements.-- Sections 482(c) and 492 shall not apply to the regulations required by this paragraph.''. SEC. 3. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986. Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(23) Disclosure of return information to determine the need and eligibility of a student for federal student financial aid.-- ``(A) In general.--The Secretary may, upon written request from the Secretary of Education, disclose to officers and employees of the Department of Education return information with respect to a taxpayer or a dependent of a taxpayer who may be eligible for Federal student financial aid and whose need and eligibility for such aid is based in whole or in part on the taxpayer's income or the income of the parents of the dependent. Such return information shall be limited to-- ``(i) taxpayer identity information with respect to such taxpayer; ``(ii) the filing status of such taxpayer; ``(iii) the adjusted gross income of such taxpayer; and ``(iv) any other data of such taxpayer necessary to determine the expected family contribution (within the meaning of part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.)) of such taxpayer or the dependent of such taxpayer, as applicable. ``(B) Restriction on use of disclosed information.--Return information disclosed under subparagraph (A) may be used by officers and employees of the Department of Education only for the purposes of, and to the extent necessary in, processing the student loan application, and establishing need and eligibility for Federal student financial aid, of a taxpayer or a dependent of a taxpayer. ``(C) Federal student loans and grants.--For purposes of this paragraph, the term `Federal student financial aid' means financial assistance under part A through E (other than under subpart 4 of part A) of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).''.

Student Financial Aid Simplification Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to determine students' need and eligibility for title IV assistance, unless they qualify for the simplified needs test or expect no family contribution, by using tax return information regarding those students or their parents that this Act authorizes the Secretary of Education to obtain from the Internal Revenue Service (IRS). Requires those students to submit to the Secretary certain supplementary information not available from the IRS. Requires the Secretary to provide institutions of higher education and states with that tax return information, without charge, for the purposes of processing loan applications and determining need and eligibility for institutional and state financial aid. Amends the Internal Revenue Code to authorize the Secretary of the Treasury to disclose tax return information to the Department of Education regarding taxpayers or their dependents whose need and eligibility for assistance under title IV of the HEA is based in whole or part on their income or their parents' income.

To simplify the process for determining the need and eligibility of students for financial assistance under the Higher Education Act of 1965, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Armed Forces in Bosnia Protection Act of 1997''. SEC. 2. FINDINGS AND DECLARATIONS OF POLICY. (a) Findings.--The Congress finds the following: (1)(A) On November 27, 1995, the President affirmed that United States participation in the multinational military Implementation Force in the Republic of Bosnia and Herzegovina would terminate in one year. (B) The President declared the expiration date of the mandate for the Implementation Force to be December 20, 1996. (2) The Secretary of Defense and the Chairman of the Joint Chiefs of Staff likewise expressed their confidence that the Implementation Force would complete its mission in one year. (3) The exemplary performance of United States Armed Forces personnel has significantly contributed to the accomplishment of the military mission of the Implementation Force. The courage, dedication, and professionalism of such personnel have permitted a separation of the belligerent parties to the conflict in the Republic of Bosnia and Herzegovina and have resulted in a significant mitigation of the violence and suffering in the Republic of Bosnia and Herzegovina. (4) On October 3, 1996, the Chairman of the Joint Chiefs of Staff announced the intention of the United States Administration to delay the removal of United States Armed Forces personnel from the Republic of Bosnia and Herzegovina until March 1997 due to operational reasons. (5) Notwithstanding the fact that the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff assured the Congress of their resolve to end the mission of United States Armed Forces in the Republic of Bosnia and Herzegovina by December 20, 1996, in November 1996 the President announced his intention to further extend the deployment of United States Armed Forces in the Republic of Bosnia and Herzegovina until June 1998. (6) Before the announcement of the new policy referred to in paragraph (5), the President did not request authorization by the Congress of a policy that would result in the further deployment of United States Armed Forces in the Republic of Bosnia and Herzegovina until June 1998. (b) Declarations of Policy.--The Congress-- (1) expresses its serious concerns and opposition to the policy of the President that has resulted in the deployment after December 20, 1996, of United States Armed Forces on the ground in the Republic of Bosnia and Herzegovina without prior authorization by the Congress; and (2) urges the President to work with our European allies to begin an orderly transition of all peacekeeping functions in the Republic of Bosnia and Herzegovina from the United States to appropriate European countries in preparation for a complete withdrawal of all United States Armed Forces by September 30, 1997. SEC. 3. PROHIBITION OF USE OF DEPARTMENT OF DEFENSE FUNDS OR OTHER FEDERAL DEPARTMENT OR AGENCY FUNDS FOR CONTINUED DEPLOYMENT ON THE GROUND OF ARMED FORCES IN THE TERRITORY OF THE REPUBLIC OF BOSNIA AND HERZEGOVINA. (a) Prohibition.--None of the funds appropriated or otherwise available to the Department of Defense or to any other Federal department or agency may be obligated or expended for the deployment on the ground of United States Armed Forces in the territory of the Republic of Bosnia and Herzegovina after September 30, 1997. (b) Exceptions.--The prohibition contained in subsection (a) shall not apply-- (1) with respect to the deployment of United States Armed Forces after September 30, 1997, but not later than October 31, 1997, for the express purpose of ensuring the safe and timely withdrawal of such Armed Forces from the Republic of Bosnia and Herzegovina; or (2)(A) if the President transmits to the Congress a report containing a request for an extension of deployment of United States Armed Forces for an additional 90 days after the date otherwise applicable under subsection (a); and (B) if a joint resolution is enacted, in accordance with section 4, specifically approving such request. SEC. 4. CONGRESSIONAL CONSIDERATION OF REQUEST BY PRESIDENT FOR 90-DAY EXTENSION OF DEPLOYMENT. (a) Terms of the Resolution.--For purposes of section 3, the term ``joint resolution'' means only a joint resolution that is introduced within the 10-day period beginning on the date on which the President transmits the report to the Congress under such section, and-- (1) which does not have a preamble; (2) the matter after the resolving clause of which is as follows: ``That the Congress approves the request by the President for the extension of the deployment on the ground of United States Armed Forces in the territory of the Republic of Bosnia and Herzegovina for a period ending not later than December 31, 1997, as submitted by the President on ---------- '', the blank space being filled in with the appropriate date; and (3) the title of which is as follows: ``Joint resolution approving the request by the President for an extension of the deployment on the ground of United States Armed Forces in the territory of the Republic of Bosnia and Herzegovina for a period ending not later than December 31, 1997.''. (b) Referral.--A resolution described in subsection (a) that is introduced in the House of Representatives shall be referred to the Committee on International Relations and the Committee on National Security of the House of Representatives. A resolution described in subsection (a) introduced in the Senate shall be referred to the Committee on Foreign Relations and the Committee on Armed Services of the Senate. (c) Discharge.--If the committee to which a resolution described in subsection (a) is referred has not reported such resolution (or an identical resolution) by the end of the 20-day period beginning on the date on which the President transmits the report to the Congress under section 3, such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. (d) Consideration.--(1) On or after the third day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under subsection (c)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member's intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the resolution was referred. All points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of. (2) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (3) Immediately following the conclusion of the debate on a resolution described in subsection (a) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate. (e) Consideration by Other House.--(1) If, before the passage by one House of a resolution of that House described in subsection (a), that House receives from the other House a resolution described in subsection (a), then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) With respect to a resolution described in subsection (a) of the House receiving the resolution-- (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but (ii) the vote on final passage shall be on the resolution of the other House. (2) Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House. (f) Rules of the Senate and House.--This section is enacted by the Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 5. PROHIBITION OF USE OF DEPARTMENT OF DEFENSE FUNDS OR OTHER FEDERAL DEPARTMENT OR AGENCY FUNDS FOR LAW ENFORCEMENT OR RELATED ACTIVITIES IN THE TERRITORY OF THE REPUBLIC OF BOSNIA AND HERZEGOVINA. None of the funds appropriated or otherwise available to the Department of Defense or to any other Federal department or agency may be obligated or expended after the date of the enactment of this Act for the following: (1) Conduct of, or direct support for, law enforcement activities in the Republic of Bosnia and Herzegovina, except for the training of law enforcement personnel or to prevent imminent loss of life. (2) Conduct of, or support for, any activity in the Republic of Bosnia and Herzegovina that may have the effect of jeopardizing the primary mission of the United Nations-led Stabilization Force in preventing armed conflict between the Federation of Bosnia and Herzegovina and the Republika Srpska (``Bosnian Entities''). (3) Transfer of refugees within the Republic of Bosnia and Herzegovina that, in the opinion of the commander of the Stabilization Force involved in such transfer-- (A) has as one of its purposes the acquisition of control by a Bosnian Entity of territory allocated to the other Bosnian Entity under the Dayton Peace Agreement; or (B) may expose United States Armed Forces to substantial risk to their personal safety. (4) Implementation of any decision to change the legal status of any territory within the Republic of Bosnia and Herzegovina unless expressly agreed to by all signatories to the Dayton Peace Agreement. SEC. 6. REPORT. (a) In General.--Not later than June 30, 1997, the President shall prepare and transmit to the Congress a report on the deployment on the ground of United States Armed Forces in the territory of the Republic of Bosnia and Herzegovina. The report shall contain the following: (1) A description of the extent to which compliance has been achieved with the requirements relating to United States activities in the Republic of Bosnia and Herzegovina contained in Public Law 104-122 (110 Stat. 876). (2)(A) An identification of the specific steps taken, if any, by the United States Government to transfer the United States portion of the peacekeeping mission in the Republic of Bosnia and Herzegovina to appropriate European organizations, such as a combined joint task force of NATO, the Western European Union, or the Conference on Security and Cooperation in Europe. (B) A description of any deficiencies in the capabilities of such European organizations to conduct peacekeeping activities in the Republic of Bosnia and Herzegovina and a description of the actions, if any, that the United States Government is taking in cooperation with such organizations to remedy such deficiencies. (3) An identification of the following: (A) The goals of the Stabilization Force and the criteria for achieving those goals. (B) The measures that are being taken to protect United States Armed Forces personnel from conventional warfare, unconventional warfare, or terrorist attacks in the Republic of Bosnia and Herzegovina. (C) The exit strategy for the withdrawal of United States Armed Forces from the Republic of Bosnia and Herzegovina in the event of civil disturbances or overt warfare. (D) The exit strategy and timetable for the withdrawal of United States Armed Forces from the Republic of Bosnia and Herzegovina in the event the Stabilization Force successfully completes its mission, including whether or not a follow-on force will succeed the Stabilization Force after the proposed withdrawal date announced by the President of June 1998. (b) Form of Report.--The report described in subsection (a) shall be transmitted in unclassified and classified versions. SEC. 7. DEFINITIONS. As used in this Act: (1) Bosnian entities.--The term ``Bosnian Entities'' means the Federation of Bosnia and Herzegovina and the Republika Srpska. (2) Dayton peace agreement.--The term ``Dayton Peace Agreement'' means the General Framework Agreement for Peace in Bosnia and Herzegovina, initialed by the parties in Dayton, Ohio, on November 21, 1995, and signed in Paris on December 14, 1995. (3) Implementation force.--The term ``Implementation Force'' means the NATO-led multinational military force in the Republic of Bosnia and Herzegovina (commonly referred to as ``IFOR''), authorized under the Dayton Peace Agreement. (4) NATO.--The term ``NATO'' means the North Atlantic Treaty Organization. (5) Stabilization force.--The term ``Stabilization Force'' means the United Nations-led follow-on force to the Implementation Force in the Republic of Bosnia and Herzegovina and other countries in the region (commonly referred to as ``SFOR''), authorized under United Nations Security Council Resolution 1088 (December 12, 1996).

United States Armed Forces in Bosnia Protection Act of 1997 - Prohibits any funds appropriated or otherwise available to the Department of Defense (DOD) or any other Federal department or agency from being obligated or expended for the deployment on the ground of U.S. armed forces in the territory of the Republic of Bosnia and Herzegovina after September 30, 1997. Provides exceptions: (1) for the deployment of troops to aid in troop withdrawal; or (2) if the President transmits to the Congress a request for a deployment extension for an additional 90 days after such deadline and a joint resolution is enacted approving such request. Outlines congressional procedures for the consideration of such request. Prohibits DOD or other Federal funds from being obligated or expended for: (1) the conduct of, or support for, any law enforcement activities in Bosnia and Herzegovina, with an exception for the training of law enforcement personnel or to prevent imminent loss of life; (2) any activity that may jeopardize the primary mission of the United Nations-led Stabilization Fore in preventing armed conflict there; (3) the transfer of refugees within the Republic that has a purpose of acquiring control by one Bosnian entity of territory allocated to another or that may expose U.S. armed forces to substantial risk; or (4) implementation of any decision to change the legal status of any territory within the Republic unless expressly agreed to by all signatories to the Dayton Peace Agreement. Requires a report from the President to the Congress on the ground deployment of U.S. forces in Bosnia and Herzegovina.

United States Armed Forces in Bosnia Protection Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Establishing The House Independent Commission on Standards Act''. SEC. 2. ESTABLISHMENT OF HOUSE ETHICS COMMISSION. (a) Establishment.--There is established an independent ethics commission within the legislative branch of the Government to be known as The House Independent Commission on Standards (in this Act referred to as the ``Commission''). (b) Membership and Terms of Office.--(1) The Commission shall consist of 8 individuals. Four members shall be appointed by the Republican leader, of whom 2 shall be former Democratic Members and 4 members shall be appointed by the Democratic leader of the House of Representatives, of whom 2 shall be former Republican Members. Except as provided by paragraph (2), the terms of all members of the Commission shall be 4 years. (2) Of the members first appointed-- (A) 2 appointed by each leader shall be for a term of 4 years; and (B) 2 appointed by each leader shall be for a term of 6 years; as designated by each such leader at the time of appointment. (3) No individual who has been a Member of the House may be appointed to the Commission sooner than 2 years after the ceasing to be a Member of the House. (c) Chairman and Vice Chairman.--The chairman and the vice chairman of the Commission shall be selected by the members of the Commission at its first meeting. (d) Disqualifications for Appointments.-- (1) Lobbying.--No individual who has been a lobbyist registered under the Lobbying Disclosure Act of 1995 or engages in, or is otherwise employed in, lobbying of the Congress or who is an agent of a foreign principal registered under the Foreign Agents Registration Act within the 4-year period immediately preceding appointment shall be eligible for appointment to, or service on, the Commission. (2) Incompatible office.--No member of the Commission appointed under subsection (b) may be an elected public official or an officer or employee of the Government. (3) Financial benefit.--No member of the Commission appointed under subsection (b) may serve on the board or be an officer of any entity that has a direct financial interest in any matter before the House of Representatives. (e) Vacancies.--A vacancy on the Commission shall be filled in the manner in which the original appointment was made. (f) Compensation.--Members shall each be entitled to receive the daily equivalent of the maximum annual rate of basic pay in effect for Level III of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (g) Quorum.--A majority of the members of the Commission shall constitute a quorum. (h) Meetings.--The Commission shall meet at the call of the chairman or a majority of its members. SEC. 3. DUTIES OF COMMISSION. The Commission is authorized-- (1) to investigate any alleged violation, by a Member, officer, or employee of the House of Representatives, of any law, rule, regulation, or other standard of conduct applicable to the conduct of such Member, officer, or employee in the performance of his duties or the discharge of his responsibilities, and after notice and hearing (unless the right to a hearing is waived by the Member, officer, or employee), shall report to the House of Representatives its findings of fact and recommendations, if any, upon the final disposition of any such investigation, and such action as the Commission may deem appropriate in the circumstances; (2) to issue any letter of admonishment with respect to such an alleged violation; (3) to report to the appropriate Federal or State authorities any substantial evidence of a violation, by a Member, officer, or employee of the House of Representatives, of any law applicable to the performance of his duties or the discharge of his responsibilities, which may have been disclosed in a Commission investigation; and (4) to adopt rules governing its procedures to provide protections to respondents comparable to those that were provided by clause 3 of rule XI of the Rules of the House of Representatives in effect immediately before the amendments to such rule made by section 8. SEC. 4. POWERS OF COMMISSION. (a) Hearings and Evidence.--The Commission or, on the authority of the Commission, the chairman or vice chairman, may, for the purpose of carrying out this Act-- (1) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (2) subject to subsection (b), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or the chairman or vice chairman may determine advisable. (b) Subpoenas.-- (1) Prior written authorization.--A subpoena may be issued only upon the prior written approval of the chairman and ranking minority member of the Committee on Standards of Official Conduct. (2) Issuance.--A subpoena may be issued only under the signature of the chairman or the vice chairman, and may be served by any person designated by the chairman or the vice chairman. (c) Obtaining Information.--Upon request of the Commission, the head of any agency or instrumentality of the Government shall furnish information deemed necessary by the panel to enable it to carry out its duties. SEC. 5. PROCEDURAL RULES. (a) Majority Approval.--No report or recommendation relating to the official conduct of a Member, officer, or employee of the House of Representatives shall be made by the Commission, and no investigation of such conduct shall be undertaken by the Commission, unless approved by the affirmative vote of a majority of the members of the Commission. (b) Investigations.--Except in the case of an investigation undertaken by the Commission on its own initiative, the Commission may undertake an investigation relating to the official conduct of an individual Member, officer, or employee of the House of Representatives only-- (1) upon receipt of a complaint, in writing and under oath, made by or submitted to a Member of the House of Representatives and transmitted to the Commission by such Member, or (2) upon receipt of a complaint from the Committee on Standards of Official Conduct of the House of Representatives, in writing and under oath, made by that committee. (c) Submissions.--(1) Any individual may submit a letter to the Commission requesting that it undertake an investigation on its own initiative of any alleged violation by a Member, officer, or employee of the House of Representatives, of any law, rule, regulation, or other standard of conduct applicable to the conduct of such Member, officer, or employee in the performance of his duties or the discharge of his responsibilities. (2) The Commission shall make available forms to be used in the submission of letters under paragraph (1). (3) The submission of a letter to the Commission under paragraph (1) does not necessitate any action by the Commission. (4) The Commission is authorized to adopt rules to establish procedures for the consideration of submissions, including a time frame for their consideration. (5) The Commission shall adopt a rule not to commence an investigation if it finds that the complaint or submission respecting that investigation is frivolous, and shall file a public report on such a complaint or submission with the Committee on Standards of Official Conduct. (d) Prohibition of Certain Investigations.--No investigation shall be undertaken by the Commission of any alleged violation of a law, rule, regulation, or standard of conduct not in effect at the time of the alleged violation. (e) Effect of Elections.--If the Commission receives any complaint or submission within 90 days before an election in which the subject of the complaint or submission is a candidate, the Commission shall delay consideration of that matter until after such election. (f) Disclosure.--No information or testimony received, or the contents of a complaint or the fact of its filing, shall be publicly disclosed by any member of the Commission or staff of the Commission unless specifically authorized in each instance by a vote of the Commission. SEC. 6. STAFF OF COMMISSION. The Commission may appoint and fix the compensation of a Staff Director and such other staff as the Commission considers necessary to perform its duties. The Staff Director shall be appointed jointly by the Speaker and minority leader and shall be paid at a rate not to exceed the rate of basic pay payable for Level III of the Executive Schedule. SEC. 7. ACTION ON COMMISSION RECOMMENDATIONS. (a) Printing of Reports in Congressional Record.--Upon receipt by the Committee on Standards of Official Conduct of the House of Representatives of any report of the Commission, the Speaker of the House of Representatives shall have the report printed in the Congressional Record. (b) House Consideration of Independent Ethics Commission Recommendations.--Within 14 calendar days after a report referred to in subsection (a) is printed in the Congressional Record, that portion of the report recommending action by the House of Representatives respecting any alleged violation, by a Member, officer, or employee of the House of Representatives, of any law, rule, regulation, or other standard of conduct applicable to the conduct of such Member, officer, or employee in the performance of his duties or the discharge of his responsibilities shall be introduced (by request) in the House by the Speaker of the House, for himself and the minority leader of the House in the form of a resolution. This resolution shall constitute a question of privilege under rule IX of the Rules of the House of Representatives. Any Member favoring the resolution may call it up as a question of privilege but only on the third day after the calendar date upon which such Member announces to the House his intention to do so. SEC. 8. AMENDMENTS TO THE RULES OF THE HOUSE TO CHANGE THE DUTIES OF THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT. (a) House Rules Amendments.--Clause 3 of rule XI of the Rules of the House of Representatives is amended as follows: (1) In paragraph (a), strike subparagraphs (1), (2), and (3), and redesignate subparagraphs (4), (5), and (6), as subparagraphs (1), (2), and (3), respectively. (2)(A) Paragraph (b)(1) is amended by striking ``(A)'', by striking ``a resolution, report, recommendation, or'' and inserting ``an'', and by striking ``, or, except as provided in subparagraph (2), undertake an investigation'', and by striking subdivision (B). (B) Paragraph (b) is further amended by striking subparagraphs (2), (3), (4), and (5) and by redesignating subparagraphs (6) and (7) as subparagraphs (2) and (3), respectively. (3) Strike paragraphs (j) (k), (l), (m), (n), (o), (p), and (q). (b) Conforming Amendments.--Section 803 of the Ethics Reform Act of 1989 (2 U.S.C. 29d) is amended by striking subsections (c) and (d). SEC. 9. EFFECTIVE DATE. This Act shall take effect immediately before noon January 3, 2009.

Establishing The House Independent Commission on Standards Act - Establishes within the legislative branch The House Independent Commission on Standards. Amends Rule XI (Procedures of Committees and Unfinished Business) of the Rules of the House of Representatives to transfer to the Commission certain recommendations for administrative action and investigative duties of the Committee on Standards of Official Conduct regarding Members, Delegates, the Resident Commissioner, and House officers and employees.

To establish a House ethics commission, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Personal Health Investment Today Act of 2015'' or the ``PHIT Act of 2015''. SEC. 2. PURPOSE. The purpose of this Act is to promote health and prevent disease, particularly diseases related to being overweight and obese, by-- (1) encouraging healthier lifestyles; (2) providing financial incentives to ease the financial burden of engaging in healthy behavior; and (3) increasing the ability of individuals and families to participate in physical fitness activities. SEC. 3. CERTAIN AMOUNTS PAID FOR PHYSICAL ACTIVITY, FITNESS, AND EXERCISE TREATED AS AMOUNTS PAID FOR MEDICAL CARE. (a) In General.--Paragraph (1) of section 213(d) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, or'', and by inserting after subparagraph (D) the following new subparagraph: ``(E) for qualified sports and fitness expenses.''. (b) Qualified Sports and Fitness Expenses.--Subsection (d) of section 213 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(12) Qualified sports and fitness expenses.-- ``(A) In general.--The term `qualified sports and fitness expenses' means amounts paid exclusively for the sole purpose of participating in a physical activity including-- ``(i) for membership at a fitness facility, ``(ii) for participation or instruction in physical exercise or physical activity, or ``(iii) for equipment used in a program (including a self-directed program) of physical exercise or physical activity. ``(B) Overall dollar limitation.--The aggregate amount treated as qualified sports and fitness expenses with respect to any taxpayer for any taxable year shall not exceed $1,000 ($2,000 in the case of a joint return or a head of household (as defined in section 2(b))). ``(C) Fitness facility.--For purposes of subparagraph (A)(i), the term `fitness facility' means a facility-- ``(i) that provides instruction in a program of physical exercise, offers facilities for the preservation, maintenance, encouragement, or development of physical fitness, or serves as the site of such a program of a State or local government, ``(ii) which is not a private club owned and operated by its members, ``(iii) which does not offer golf, hunting, sailing, or riding facilities, ``(iv) the health or fitness component of which is not incidental to its overall function and purpose, and ``(v) which is fully compliant with the State of jurisdiction and Federal anti- discrimination laws. ``(D) Treatment of exercise videos, etc.--Videos, books, and similar materials shall be treated as described in subparagraph (A)(ii) if the content of such materials constitutes instruction in a program of physical exercise or physical activity. ``(E) Limitations related to sports and fitness equipment.--Amounts paid for equipment described in subparagraph (A)(iii) shall be treated as qualified sports and fitness expenses only-- ``(i) if such equipment is utilized exclusively for participation in fitness, exercise, sport, or other physical activity, ``(ii) in the case of amounts paid for apparel or footwear, if such apparel or footwear is of a type that is necessary for, and is not used for any purpose other than, a specific physical activity, and ``(iii) in the case of amounts paid for any single item of sports equipment (other than exercise equipment), to the extent such amounts do not exceed $250. ``(F) Programs which include components other than physical exercise and physical activity.--Rules similar to the rules of paragraph (6) shall apply in the case of any program that includes physical exercise or physical activity and also other components. For purposes of the preceding sentence, travel and accommodations shall be treated as a separate component.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Personal Health Investment Today Act of 2015 or the PHIT Act of 2015 This bill amends the Internal Revenue Code to allow a medical care tax deduction for up to $1,000 ($2,000 for a joint return or a head of household) of qualified sports and fitness expenses. The bill defines "qualified sports and fitness expenses" as amounts paid exclusively for the sole purpose of participating in a physical activity, including: (1) for membership at a fitness facility, (2) for participation or instruction in physical exercise or activity, or (3) for equipment used in a program (including a self-directed program) of physical exercise or activity.

PHIT Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Congressionally Mandated Reports Act''. SEC. 2. ESTABLISHMENT OF WEBSITE FOR CONGRESSIONALLY MANDATED REPORTS. (a) Requirement To Establish Website.--Not later than one year after the date of the enactment of this Act, the Public Printer shall establish and maintain a website accessible by the public that allows the public to obtain electronic copies of all congressionally mandated reports in one place. The Public Printer may publish other reports on such website. (b) Content and Function.--The Public Printer shall ensure that the website required under subsection (a) includes the following: (1) With respect to each congressionally mandated report, each of the following: (A) A citation to the statute or conference report requiring the report. (B) An electronic copy of the report, including any transmittal letter associated with the report, in an open format that is platform independent and that is available to the public without restrictions, including restrictions that would impede the re-use of the information in the report. (C) The ability to retrieve a report, to the extent practicable, through searches based on each, and any combination, of the following: (i) The title of the report. (ii) The reporting Federal agency. (iii) The date of publication. (iv) Each congressional committee receiving the report, if applicable. (v) Subject tags. (vi) The serial number, Superintendent of Documents number, or other identification number for the report, if applicable. (vii) The statute or conference report requiring the report. (viii) Key words. (ix) Full text search. (x) Any other relevant information specified by the Public Printer. (D) The time and date when the report was required to be submitted, and when the report was submitted, to the website. (E) Access to the report not later than 30 calendar days after its submission to Congress. (F) To the extent practicable, a permanent means of accessing the report electronically. (2) A means for bulk download of all congressionally mandated reports or a selection of reports retrieved using a search. (3) A means for the head of each Federal agency to publish on the website each congressionally mandated report of the agency, as required by section 3. (4) A list form for all congressionally mandated reports that can be searched, sorted, and downloaded by-- (A) reports submitted within the required time; (B) reports submitted after the date on which such reports were required to be submitted; and (C) reports not submitted. (c) Free Access.--The Public Printer may not charge a fee, require registration, or impose any other limitation in exchange for access to the website required under subsection (a). (d) Upgrade Capability.--The website required under subsection (a) shall be enhanced and updated as necessary to carry out the purposes of this Act. SEC. 3. FEDERAL AGENCY RESPONSIBILITIES. (a) Submission of Electronic Copies of Reports.--The head of each Federal agency shall publish congressionally mandated reports of the agency on the website required under section 2(a)-- (1) in an open format that is platform independent, machine readable, and available to the public without restrictions (except the redaction of information described under section 5), including restrictions that would impede the re-use of the information in the reports; and (2) in accordance with the guidance issued under subsection (c). (b) Submission of Additional Information.--The head of each Federal agency shall submit to the Public Printer the information required under subparagraphs (A) through (D) of section 2(b)(1) with respect to each congressionally mandated report published pursuant to subsection (a). (c) Guidance.--Not later than eight months after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Public Printer, shall issue guidance to agencies on the implementation of this Act. SEC. 4. RELATIONSHIP TO REQUIREMENTS TO SUBMIT REPORTS TO CONGRESS. (a) Compliance With Statutory Requirement To Submit Reports.-- Notwithstanding any other provision of law, a Federal agency is deemed to have complied with a statutory requirement to submit a report to Congress if the agency completes each of the following, with respect to such report: (1) Publishes a complete and unredacted copy on the website required under section 2(a). (2) Notifies the Clerk of the House of Representatives, the Secretary of the Senate, and each congressional committee to which a report must be submitted of the report's availability on the website. (b) Removing and Altering Reports.--A report submitted to be published to the website required under section 2(a) may only be changed or removed, with the exception of technical changes, by the Federal agency with the express, written consent of each congressional committee to which the report must be submitted. SEC. 5. RELATIONSHIP TO FREEDOM OF INFORMATION ACT. Nothing in this Act shall be construed to require the disclosure of information or records that are exempt from public disclosure under section 552 of title 5, United States Code. If any information in a congressionally mandated report may not be publicly released under section 552(b) of title 5, United States Code, the Federal agency concerned shall redact from the report submitted to be published on the website established under section 2 only such information, shall indicate where such redactions were made in the report, and shall identify the exemption under which each such redaction is made. SEC. 6. DEFINITIONS. In this Act: (1) Congressionally mandated report.--The term ``congressionally mandated report'' means a report that is required to be submitted to either House of Congress or any committee of Congress by statute or by a conference report that accompanies legislation enacted into law. (2) Federal agency.--The term ``Federal agency'' has the meaning given that term under section 102 of title 40, United States Code, but does not include the Government Accountability Office. SEC. 7. IMPLEMENTATION. Except as provided in section 3(c), this Act shall be implemented not later than one year after the date of the enactment of this Act and shall apply with respect to congressionally mandated reports submitted to Congress on or after the date occurring one year after such date of enactment.

Access to Congressionally Mandated Reports Act - (Sec. 2) Requires the Public Printer (GPO) to establish and maintain a website accessible by the public for obtaining electronic copies of all congressionally mandated reports in one place. Prohibits GPO from charging a fee, requiring registration, or imposing any other limitation in exchange for access to the website. Requires that such website provide, with respect to each congressionally mandated report: (1) a citation to the statute or conference report requiring the report; (2) an electronic copy of the report, including any transmittal letter; (3) the ability to retrieve a report through searches based on the title of the report, the reporting federal agency, the date of publication, each congressional committee receiving the report, and other search data; (4) the time and date when the report was required to be submitted and when it was submitted to the website; (5) access to the report not later than 30 calendar days after its submission to Congress; and (6) a permanent means of accessing the report electronically. Requires such website to include: (1) a means for bulk download of all congressionally mandated reports or a selection of reports retrieved using a search; (2) a means for each agency head to publish on the website each congressionally mandated agency report; and (3) a list form for all reports that can be searched, sorted, and downloaded by reports submitted within the required time, reports submitted after their required date of submission, and reports not submitted. (Sec. 3) Requires the head of each federal agency to publish the agency's congressionally mandated reports on the website in an open format that is platform independent, machine readable, and available to the public without restrictions, including restrictions that would impede the reuse of information in the reports. Requires the Director of the Office of Management and Budget (OMB) to issue guidance to agencies on the implementation of this Act. (Sec. 4) Deems a federal agency to have complied with a statutory requirement to submit a report to Congress if the agency: (1) publishes a complete and unredacted copy on the website established by this Act; and (2) notifies the Clerk of the House of Representatives, the Secretary of the Senate, and each congressional committee to which a report must be submitted of the report's availability on the website. Prohibits any report posted on the website from being changed or removed, with the exception of technical changes, without the express, written consent of each such congressional committee. (Sec. 5) Provides that nothing in this Act shall be construed to require the disclosure of information or records that are exempt from public disclosure under the Freedom of Information Act (FOIA). Requires agencies to redact from reports information that may not be publicly released, to indicate where such redactions are made in the report, and to identify the exemption under which each redaction is made. (Sec. 6) Defines "congressionally mandated report" as a report that is required to be submitted to either chamber of Congress or any committee of Congress by statute or by a conference report that accompanies legislation enacted into law. (Sec. 7) Requires this Act to be implemented not later than one year after its enactment.

To require the Public Printer to establish and maintain a website accessible to the public that allows the public to obtain electronic copies of all congressionally mandated reports in one place, and for other purposes.

SECTION 1. FINDINGS AND DECLARATION OF POLICY. (a) Findings.--The Congress makes the following findings: (1)(A) With increasing regional integration, the value of Caribbean trade for the United States is well established. (B) Collectively, it is estimated that the 24 countries of the Caribbean Basin represent a market of more than 50,000,000 people that has become the tenth largest destination for United States goods and services. (2) Although the expansion of democracy throughout most of the Western Hemisphere has brought economic liberalization and reform, assistance is still required to continue the reforms and to diversify and stimulate investment in the Caribbean Basin region. (3) While progress has been made by many of the Caribbean Basin countries in areas that coincide with the security, economic, and humanitarian interests of the United States, much more needs to be done. (4)(A) The Castro regime in Cuba is not a democratically elected government. It systemically violates the individual civil liberties and human rights of its citizens, does not have a market-oriented economy, and has made it abundantly clear that it will not engage in any substantive reforms that would lead to a democracy and market economy for Cuba. (B) The totalitarian nature of the Castro regime has deprived the Cuban people of any peaceful means to improve their condition and has led thousands of Cuban citizens to risk or lose their lives in dangerous attempts to escape from Cuba to freedom. (5) Since the beginning of the Castro regime, it has been the policy of the United States to isolate and sanction this totalitarian regime. (b) Declaration of Policy.--The Congress declares the following: (1) United States trade policy must be consistent with United States foreign policy and recipients of foreign assistance must be held accountable for decisions that run contrary, or could endanger, United States interests and objectives in the Western Hemisphere. (2) Safeguard mechanisms must be established to ensure that United States foreign assistance or United States trade agreements with other countries are not used in any way to benefit the Castro regime. SEC. 2. WITHHOLDING OF UNITED STATES ASSISTANCE TO CARIBBEAN BASIN INITIATIVE COUNTRIES THAT OFFER SUPPORT FOR MEMBERSHIP FOR THE GOVERNMENT OF CUBA INTO CARICOM OR CACM. Beginning 90 days after the date of the enactment of this Act, the President shall withhold assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) (other than humanitarian assistance) to any Caribbean Basin Initiative country that uses its voice or vote in the Caribbean Community (CARICOM) or the Central American Common Market (CACM) to support provisional, permanent, or any other form of membership for the Government of Cuba into CARICOM or CACM. SEC. 3. PROHIBITION ON PROVISION OF CERTAIN TARIFF TREATMENT TO CARIBBEAN BASIN INITIATIVE COUNTRIES THAT OFFER MEMBERSHIP FOR THE GOVERNMENT OF CUBA INTO CARICOM OR CACM OR THAT NEGOTIATE A FREE TRADE AREA AGREEMENT WITH CUBA. Beginning 90 days after the date of the enactment of this Act, the President shall deny temporary or permanent tariff treatment to products of a Caribbean Basin Initiative country that is equivalent to treatment provided to products of a NAFTA country if such Caribbean Basin Initiative country-- (1) uses its voice or vote in CARICOM or CACM to support provisional, permanent, or any other form of membership for the Government of Cuba into CARICOM or CACM; or (2) enters into negotiations with the Government of Cuba toward a free trade area agreement with Cuba. SEC. 4. DEFINITIONS. As used in this Act: (1) CACM.--The term ``CACM'' means the Central American Common Market established by the 1960 General Treaty on Central American Economic Integration. (2) Caribbean basin initiative country.--The term ``Caribbean Basin Initiative country'' means a country designated as a beneficiary country under section 212 of the Caribbean Basin Economic Recovery Act for purposes of title II of such Act. (3) CARICOM.--The term ``CARICOM'' means the Caribbean Community established by the 1973 Treaty of Chaguaramas. (4) Government of cuba.--The term ``Government of Cuba''-- (A) includes any agency or instrumentality of the Government of Cuba, and the government of any political subdivision of Cuba; and (B) does not include-- (i) a transition government in Cuba, as described in section 205 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996; or (ii) a democratically elected government in Cuba, as described in section 206 of such Act. (5) NAFTA country.--The term ``NAFTA country'' has the meaning given such term in section 2 of the North American Free Trade Agreement Implementation Act.

Directs the President to withhold foreign assistance funds (other than humanitarian assistance) to any Caribbean Basin Initiative (CBI) country that uses its voice or vote in the Caribbean Community (CARICOM) or the Central American Common Market (CACM) to support provisional or permanent membership for Cuba in CARICOM or CACM. Directs the President to deny temporary or permanent tariff treatment of products of a CBI country that is equivalent to treatment provided to products of a North American Free Trade Agreement (NAFTA) country if such CBI country: (1) uses its voice or vote to support provisional or permanent membership for Cuba in CARICOM or CACM; or (2) enters into negotiations for a free trade area agreement with Cuba.

To withhold foreign assistance to Caribbean Basin Initiative countries that support membership for the Government of Cuba into the Caribbean Community (CARICOM) or the Central American Common Market (CACM), and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deposit Insurance Reduction Act of 1993''. SEC. 2. REDUCTION IN DEPOSIT INSURANCE FROM $100,000 TO $25,000. (a) FDIC Insured Depository Institutions.-- (1) In general.--Section 11(a)(1)(B) of the Federal Deposit Insurance Act (12 U.S.C. 1821(a)(1)(B)) is amended by striking ``$100,000'' and inserting ``$25,000''. (2) Trust funds.-- (A) In general.--Section 7(i) of the Federal Deposit Insurance Act (12 U.S.C. 1817(i)) is amended by striking ``$100,000'' and inserting ``$25,000''. (B) Subsequent amendment.--Effective on the effective date of the amendment made by section 311(b)(3) of the Federal Deposit Insurance Corporation Improvement Act of 1991, section 7(i)(1) of the Federal Deposit Insurance Act (as amended by such section 311(b)(3)) is amended by striking ``$100,000'' and inserting ``$25,000''. (3) Other limits on deposit insurance.-- (A) In general.--Paragraphs (2)(A) and (3) of section 11(a) of the Federal Deposit Insurance Act (12 U.S.C. 1821(a)) are amended by striking ``$100,000'' each place such term appears and inserting ``$25,000''. (B) Subsequent amendment.--Effective on the effective date of the amendment made by section 311(b)(2) of the Federal Deposit Insurance Corporation Improvement Act of 1991, section 11(a)(3)(A) of the Federal Deposit Insurance Act (as amended by such section 311(b)(2)) is amended by striking ``$100,000'' and inserting ``$25,000''. (4) Effective date.--The amendments made by paragraphs (1), (2), and (3) shall take effect at the end of the 60-day period beginning on the date of the enactment of this Act. (5) Transition period.--Notwithstanding the amendments made by paragraphs (1), (2), and (3), if the total amount of insured deposits of any depositor at any insured depository institution (determined as of the close of business on the day before the effective date of such amendments under paragraph (4)) exceeds $25,000, such excess amount may continue to be treated, in accordance with regulations which the Federal Deposit Insurance Corporation shall prescribe, as insured deposits in the manner provided in section 8(a)(7) of the Federal Deposit Insurance Act during the 1-year period beginning on such effective date. (6) Notice.--The Federal Deposit Insurance Corporation shall require, by regulation, each insured depository institution to provide notice to each accountholder at such institution before the end of the 60-day period described in paragraph (4) of-- (A) the reduction in the amount of deposit insurance available on deposits at the institution; and (B) the transition rules prescribed pursuant to paragraph (5). (7) Enforcement.--For purposes of enforcing any requirement of this subsection or any regulation prescribed by the Federal Deposit Insurance Corporation pursuant to this subsection, such Corporation shall be treated as the appropriate Federal banking agency for any insured depository institution. (8) Insured depository institutions defined.--For purposes of this subsection, the term ``insured depository institution'' has the meaning given to such term in section 3(c)(2) of the Federal Deposit Insurance Act. (b) NCUA Insured Credit Unions.-- (1) In general.--Paragraphs (1), (2)(A), and (3) of section 207(k) of the Federal Credit Union Act (12 U.S.C. 1787(k)) are amended by striking ``$100,000'' each place such term appears and inserting ``$25,000''. (2) Effective date.--The amendments made by paragraph (1) shall take effect at the end of the 60-day period beginning on the date of the enactment of this Act. (3) Transition period.--Notwithstanding the amendments made by paragraph (1), if the total amount of insured deposits of any accountholder at any insured credit union (determined as of the close of business on the day before the effective date of such amendments under paragraph (2)) exceeds $25,000, such excess amount may continue to be treated, in accordance with regulations which the National Credit Union Administration shall prescribe, as insured deposits in the manner provided in section 206(d)(1) of the Federal Credit Union Act during the 1- year period beginning on such effective date. (4) Notice.--The National Credit Union Administration shall require, by regulation, each insured credit union to provide notice to each accountholder at such credit union before the end of the 60-day period described in paragraph (2) of-- (A) the reduction in the amount of deposit insurance available on deposits at the credit union; and (B) the transition rules prescribed pursuant to paragraph (3). (c) Regulations.--The Board of Directors of the Federal Deposit Insurance Corporation and the National Credit Union Administration Board shall prescribe regulations necessary to carry out this section.

Deposit Insurance Reduction Act of 1993 - Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to reduce the amount of insured deposits from $100,000 to $25,000.

Deposit Insurance Reduction Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Meal Enhancement Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible school.--The term ``eligible school'' means any school that is-- (A) eligible to participate in the National School Lunch Program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751) and the National School Breakfast Program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); (B) meets the participation threshold described in section 3(a); and (C) agrees to provide free meals to all enrolled students through the school-wide paperless free school meal program. (2) Estimated eligibility rate.--The term ``estimated eligibility rate'' means the percentage of a school's enrolled students eligible for free or reduced price meals under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) and the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) determined-- (A) in accordance with the guidance issued by the Secretary under section 3(a)(2)(B)(ii); or (B) through a method for determining the number of students eligible for free or reduced price meals approved within the last 4 years under section 18(c) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(c)). (3) School-wide paperless free school meal program.--The term ``school-wide paperless free school meal program'' means a program to provide, to all enrolled students in a participating school, without requiring the use of paper applications to determine eligibility for-- (A) free or reduced price school breakfasts under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and (B) free or reduced price school lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (4) Local educational agency.--The term ``local educational agency'' has the meaning given such term under section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760). (5) Participating school.--The term ``participating school'' means an eligible school that has been selected to participate in the school-wide paperless free school meal program by its local educational agency in accordance with the guidance issued under section 3(a). (6) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. THE SCHOOL-WIDE PAPERLESS FREE SCHOOL MEAL PROGRAM. (a) Duties of the Secretary.-- (1) Program implementation.--Not later than the July 1 following date of publication of the final guidance issued under this subsection, the Secretary shall implement the school-wide paperless free school meal program in accordance with the requirements of this Act. (2) Guidance.-- (A) In general.--The Secretary shall publish in the Federal Register and post on the website of the Department of Agriculture-- (i) not later than 6 months after the date of enactment of this Act, for comment draft guidance for local educational agencies and participating schools on the requirements for carrying out the school-wide paperless free price school meal program; and (ii) not later than 9 months after the date of the enactment of this Act, final guidance for carrying out such program. (B) Requirements of the guidance.-- (i) Participation threshold.--The Secretary shall issue guidance that describes how a local educational agency shall demonstrate to the Secretary that an eligible school meets the participation threshold of-- (I) at least 65 percent estimated eligibility rate for free meals under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); or (II) at least 75 percent estimated eligibility rate for free and reduced price meals under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (ii) Guidance on estimated eligibility rate.--The Secretary shall issue guidance that establishes an alternate, paperless method of determining an estimated eligibility rate. In issuing such guidance, the Secretary shall balance cost-effectiveness with obtaining an accurate estimated eligibility rate and take into account-- (I) the number of students who are certified as eligible for free meals under section 9(b)(4) of the Richard B. Russell School Lunch Act (42 U.S.C. 1758(b)(4)) at each eligible school; (II) the number of students determined to be eligible for free or reduced price meals at each eligible school within the last 3 years on the basis of completed household applications (as defined in section 9(b)(3)(A) of the Richard B. Russell School Lunch Act 1758(b)(3)(A)); (III) the most recent income and poverty data available from reliable data sources, including-- (aa) income and poverty statistics provided by the Small Area Income and Poverty Estimates program of the Bureau of the Census of the Department of Commerce; (bb) data provided by the American Community Survey of the Bureau of the Census of the Department of Commerce; (cc) determinations under section 1124(c)(2) of the Elementary and Secondary Education Act (20 U.S.C. 6333(c)(2)); (dd) data from other Federal, State, or local means- tested programs, such as the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or the State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); and (ee) other data sources the Secretary deems to be reliable; and (IV) any local educational agency- wide data that the Secretary determines can be used to make statistically sound assumptions regarding the estimated eligibility rates for schools under its jurisdiction. (iii) Survey.--The guidance issued under clause (ii) may also provide for phone and door to door sampling to be required when determining the estimated eligibility rate in order to increase the accuracy rate of the estimate. Any phone and door to door sampling requirement shall not be more than what is required for the estimated eligibility rate to reach a 95 percent statistical confidence interval about the estimate of no more than plus or minus 2 percentage points. This limitation shall not restrict local education agencies from choosing to conduct higher percentages of phone and door to door sampling. (iv) Evaluation of the eligibility rate.-- The Secretary shall issue guidance-- (I) requiring each local educational agency participating in the program to evaluate the estimated eligibility rate at least every 4 years in each participating school; and (II) on how to conduct such evaluation. (b) Reimbursement.--The reimbursement to each school food service authority of each local education agency that participates in the program under this Act shall be for each month of participation, in an amount equal to the sum of the product obtained by-- (1) multiplying the total number lunches of served in the school lunches by-- (A) the estimated eligibility rate of enrolled students in the school eligible for free meals; and (B) the special assistance factor for free lunches prescribed by the Secretary under section 11(a)(3)(A) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(3)(A)); (2) multiplying the total number of breakfasts served in the school by-- (A) the estimated eligibility rate of enrolled students in the school eligible for free meals; and (B) the national average payment rate for free breakfasts established under section 4(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(b)); (3) multiplying the total number of lunches served in the school by-- (A) by the estimated eligibility rate of enrolled students in the school eligible for reduced price meals; and (B) by the special assistance factor for reduced price lunches established under section 11(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(b)); (4) multiplying the total number of breakfasts served in the school by-- (A) the estimated eligibility rate of enrolled students in the school eligible for reduced price meals; and (B) the national average payment rate for reduced price breakfasts established under section 4(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(b)); (5) multiplying the number of students not eligible for free or reduced price lunches in the school by the national average payment rate for lunches established under section 4 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1753); (6) multiplying the number of students not eligible for free or reduced price breakfasts in the school by the national average payment rate for each breakfast served to a child not eligible for free or reduced price meals established under section 4(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(b)); and (7) multiplying the total number of lunches served in the school by the commodity assistance rate established under section 6(c) of the Richard B. Russell School Lunch Act (42 U.S.C. 1755(c)). (c) Number of Students Not Eligible for Free or Reduced Price Lunches.--The number of students not eligible for free or reduced price lunches is equal to the difference obtained by subtracting the number of free and reduced price lunches served in the school (based on the estimated eligibility rate of enrolled student eligible for free and reduce priced meals in the school) from the total number of lunches served in the school. (d) Number of Students Not Eligible for Free or Reduced Price Breakfasts.--The number of students not eligible for free or reduced price breakfasts is equal to the difference obtained by subtracting the number of free and reduced price breakfasts served in the school (based on the estimated eligibility rate of enrolled student eligible for free and reduce priced meals in the school) from the total number of breakfasts served in the school. SEC. 4. REPORT TO CONGRESS. Not later than 2 years after implementing the program under this Act, the Secretary shall submit a report to Congress that shall include-- (1) the increase in the number of students who are eligible to receive free or reduced meals under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) and Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) receiving such meals as a result of the program; and (2) recommendations for legislation to increase the number of children eligible to participate in the program, while reducing waste and cost for schools and local educational agencies, including recommendations for increasing direct certification. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this Act.

School Meal Enhancement Act of 2009 - Directs the Secretary of Agriculture to implement a school-wide paperless free school meal program which allows local educational agencies (LEAs) to select certain schools to provide free meals to all their students without the use of paper applications to determine their eligibility for free or reduced price breakfasts or lunches under the Child Nutrition Act of 1966 or the Richard B. Russell National School Lunch Act. Prohibits the participation of schools that do not have a student enrollment of which at least: (1) 65% are estimated to be eligible for free meals under the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966; or (2) 75% are estimated to be eligible for free or reduced price meals under the Richard B. Russell National School Lunch Act. Requires the Secretary to issue guidance that establishes an alternate, paperless method of determining such estimated eligibility rates. Reimburses the school food service authority of each participating LEA pursuant to a formula that factors in such estimated eligibility rates.

To create a universal, paperless school meal program that is nationally available.

PANEL-- ESTABLISHMENT. (a) In General.--If negotiations conducted under section 103 do not result in a settlement, the Secretary may refer the State and Indian tribe involved to the Panel established under subsection (b). (b) Authority of Panel.--To the extent allowable by law, the Panel may consider and render a decision on a dispute referred to the Panel under this section. (c) Taxation.--Any claim involving the legitimacy of a claim for the collection or payment of certain retail taxes owed by an Indian tribe to a State or political subdivision thereof and shall include or admit of counterclaims, setoffs, or related claims submitted or filed by the tribe in question regarding the original claim. (d) Membership of the Panel.-- (1) In general.--The Panel shall consist of-- (A) 1 representative from the Department of the Interior; (B) 1 representative from the Department of Justice; (C) 1 representative from the Department of the Treasury; (D) 1 representative of State governments; and (E) 1 representative of tribal governments of Indian tribes. (2) Chairperson.--The members of the Panel shall select a Chairperson from among the members of the Panel. (e) Federal Mediation Conciliation Service.-- (1) In general.--In a manner consistent with this title, the Panel shall consult with the Federal Mediation Conciliation Service (referred to in this subsection as the ``Service'') established under section 202 of the National Labor Relations Act (29 U.S.C. 172). (2) Duties of service.--The Service shall, upon request of the Panel and in a manner consistent with applicable law-- (A) provide services to the Panel to aid in resolving disputes brought before the Panel; (B) furnish employees to act as neutrals (as that term is defined in section 571(9) of title 5, United States Code) in resolving the disputes brought before the Panel; and (C) consult with the Administrative Conference of the United States to maintain a roster of neutrals and arbitrators. SEC. 104. JUDICIAL ENFORCEMENT. (a) Intergovernmental Agreements.-- (1) In general.-- (A) Jurisdiction.--Except as provided in subparagraph (B), the district courts of the United States shall have original jurisdiction with respect to-- (i) any civil action, claim, counterclaim, or setoff, brought by any party to an agreement or compact entered into in accordance with this title to secure equitable relief, including injunctive and declaratory relief; and (ii) the enforcement of any agreement or compact. (B) Damages.--No action to recover damages arising out of or in connection with an agreement or compact entered into under this section may be brought, except as specifically provided for in that agreement or compact. (2) Consent to suit.--Each compact or agreement entered into under this title shall specify that the partner consent to litigation to enforce the agreement, and to the extent necessary to enforce that agreement, each party waives any defense of sovereign immunity. SEC. 105. JOINT TRIBAL-FEDERAL-STATE COMMISSION ON INTERGOVERNMENTAL AFFAIRS. (a) In general.--The Secretary shall establish a tribal, Federal, and State commission (to be known as the ``Tribal-Federal-State Commission'') (referred to in this section as the ``Commission''). (b) Members.-- (1) In general.--The Commission shall be comprised of representatives of Indian tribes, the States, and the Federal Government. (2) Duties of the commission.--The Commission shall advise the Secretary concerning issues of intergovernmental concern with respect to Indian tribes, States, and the Federal Government, including-- (A) law enforcement; (B) civil and criminal jurisdiction; (C) taxation; (D) transportation; (E) economy development; and (F) other matters related to a matter described in subparagraph (A), (B), (C), (D), or (E). (3) Period of appointment.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Initial meeting.--No later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (5) Meetings.--The Commission shall meet at the call of the Chairman. (6) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chairman and vice chairman.--The Commission shall select a Chairman and Vice Chairman from among its members. (8) Powers.-- (A) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this section. (B) Information from federal agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act section. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (C) 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. (D) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (9) Commission personnel matters.-- (A) Compensation of members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (B) Travel expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Report.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Commission shall prepare and submit to the President, the Committee on Indian Affairs of the Senate, and the Committee on Resources of the House of Representatives a report on the implementation of this title that includes any recommendations that the Commission determines to be appropriate. SEC. 106. FUNDING AND IMPLEMENTATION. (a) In General.--With respect to any agreement or compact between an Indian tribe and a State, the United States, upon agreement of the parties and the Secretary, may provide financial assistance to such parties for costs of personnel or administrative expenses in an amount not to exceed 100 percent of the costs incurred by the parties as a consequence of that agreement or compact, including any indirect costs of administration that are attributable to the services performed under the agreement or compact. (b) Assistance.--The head of each Federal agency may, to the extent allowable by law and subject to the availability of appropriations, provide technical assistance, material support, and personnel to assist States and Indian tribes in the implementation of the agreements or compacts entered into under this title. TITLE II--TORT LIABILITY INSURANCE SEC. 201. LIABILITY INSURANCE, WAIVER OF DEFENSE. (a) Tribal Priority Allocation Defined.--The term ``tribal priority allocation'' means an allocation to a tribal priority account of an Indian tribe by the Bureau of Indian Affairs to allow that Indian tribe to establish program priorities and funding levels. (b) Insurance.-- (1) In general.--Except as provided in paragraph (3), not later than 2 years after the date of enactment of this Act, the Secretary shall obtain or provide tort liability insurance or equivalent coverage for each Indian tribe that receives a tribal priority allocation from amounts made available to the Bureau of Indian Affairs for the operation of Indian programs. (2) Cost-effectiveness.--In carrying out paragraph (1), the Secretary shall-- (A) ensure that the insurance or equivalent coverage is provided in the most cost-effective manner available; and (B) for each Indian tribe referred to in paragraph (1), take into consideration the extent to which the tort liability is covered-- (i) by privately secured liability insurance; or (ii) chapter 171 of title 28, United States Code (commonly referred to as the ``Federal Tort Claims Act'') by reason of an activity of the Indian tribe in which the Indian tribe is acting in the same capacity as an agency of the United States. (3) Limitation.--If the Secretary determines that an Indian tribe, described in paragraph (1), has obtained liability insurance in an amount and of the type that the Secretary determines to be appropriate by the date specified in paragraph (1), the Secretary shall not be required to provide additional coverage for that Indian tribe. (c) Requirements.--A policy of insurance or a document for equivalent coverage under subsection (a)(1) shall-- (1) contain a provision that the insurance carrier shall waive any right to raise as a defense the sovereign immunity of an Indian tribe with respect to an action involving tort liability of that Indian tribe, but only with respect to tort liability claims of an amount and nature covered under the insurance policy or equivalent coverage offered by the insurance carrier; and (2) not waive or otherwise limit the sovereign immunity of the Indian tribe outside or beyond the coverage or limits of the policy of insurance or equivalent coverage. (d) Prohibition.--No waiver of the sovereign immunity of a Indian tribe under this section shall include a waiver of any potential liability for-- (1) interest that may be payable before judgment; or (2) exemplary or punitive damages. (e) Preference.--In obtaining or providing tort liability insurance coverage for Indian tribes under this section, the Secretary shall, to the greatest extent practicable, give preference to coverage underwritten by Indian-owned economic enterprises, as defined in section 3 of the Indian Financing Act of 1974 (25 U.S.C. 1452), except that for the purposes of this subsection, those enterprises may include non-profit corporations. (f) Regulations.--To carry out this title, the Secretary shall promulgate regulations that-- (1) provide for the amount and nature of claims to be covered by an insurance policy or equivalent coverage provided to an Indian tribe under this title; and (2) establish a schedule of premiums that may be assessed against any Indian tribe that is provided liability insurance under this title. SEC. 202. STUDY AND REPORT TO CONGRESS (a) In General.-- (1) Study.--In order to minimize and, if possible, eliminate redundant or duplicative liability insurance coverage and to ensure that the provision of insurance of equivalent coverage under this title is cost-effective, before carrying out the requirements of section 201, the Secretary shall conduct a comprehensive survey of the degree, type, and adequacy of liability insurance coverage of Indian tribes at the time of the study. (2) Contents of study.--The study conducted under this subsection shall include-- (A) an analysis of loss data; (B) risk assessments; (C) projected exposure to liability, and related matters; and (D) the category of risk and coverage involved which may include-- (i) general liability; (ii) automobile liability; (iii) the liability of officials of the Indian tribe; (iv) law enforcement liability; (v) workers' compensation; and (vi) other types of liability contingencies. (3) Assessment of coverage by categories of risk.--For each Indian tribe described in section 201(a)(1), for each category of risk identified under paragraph (2), the Secretary, in conducting the study, shall determine whether insurance coverage other than coverage to be provided under this title or coverage under chapter 171 of title 28, United States Code, applies to that Indian tribe for that activity. (b) Report.--Not later than 3 years after the date of enactment of this Act, and annually thereafter, the Secretary shall submit a report to Congress concerning the implementation of this title, that contains any legislative recommendations that the Secretary determines to be appropriate to improve the provision of insurance of equivalent coverage to Indian tribes under this title, or otherwise achieves the goals and objectives of this title.

TABLE OF CONTENTS: Title I: Intergovernmental Agreements Title II: Tort Liability Insurance Indian Tribal Conflict Resolution and Tort Claims and Risk Management Act of 1998 - Title I: Intergovernmental Agreements - Grants U.S. consent for States, Indian tribes, and tribal organizations to enter into compacts and agreements under this title, including those relating to the collection and payment of certain retail taxes. Requires copies of such compacts or agreements to be filed with the Secretary of the Interior within 30 days. Sets forth compact or agreement limitations and provisions concerning revocation and revision or renewal. (Sec. 102) Requires good faith negotiations with regard to a claim, with the objective of achieving an intergovernmental agreement or compact. Directs the Secretary to cause to occur and facilitate such negotiations. Provides for: (1) selection of a mediator; (2) negotiation procedures; (3) the exchange of appropriate records and documentation; (4) negotiation termination after one year, unless an extension is mutually agreed upon by the parties; and (5) a negotiated settlement as the final resolution of the claim. (Sec. 103) Authorizes the Secretary, if negotiations fail to result in a settlement, to refer the State and Indian tribe involved to the Intergovernmental Alternative Dispute Panel, which shall consult with the Federal Mediation Conciliation Service. Outlines Service duties with respect to assistance to the Panel for its dispute resolution. (Sec. 104) Provides judicial enforcement of intergovernmental agreements under this title. (Sec. 105) Directs the Secretary to establish the Tribal-Federal-State Commission to advise the Secretary on issues of intergovernmental concern with respect to Indian tribes, States, and the Federal Government, including law enforcement, civil and criminal jurisdiction, taxation, transportation, economy development, and related matters. Requires annual reports from the Commission to the President and specified congressional committees. (Sec. 106) Authorizes the United States to provide financial assistance for personnel and administrative expenses under any compact or agreement reached under this title. Title II: Tort Liability Insurance - Directs the Secretary, within two years after the enactment of this Act, to obtain or provide tort liability insurance or equivalent coverage for each Indian tribe that receives a tribal priority allocation from amounts made available to the Bureau of Indian Affairs for the operation of Indian programs. Requires such insurance to be obtained or provided in the most cost-effective manner available. Sets forth insurance requirements, conditions, and limitations. (Sec. 202) Directs the Secretary, before obtaining or providing such insurance, to conduct a comprehensive study of the degree, type, and adequacy of liability insurance coverage of Indian tribes at the time of the study. Requires annual reports from the Secretary to the Congress on the implementation of this title.

Indian Tribal Conflict Resolution and Tort Claims and Risk Management Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Workforce Development Through Community Colleges Act''. SEC. 2. PURPOSE. The purpose of this Act is to direct the Secretary of Labor, the Secretary of Energy, and the Secretary of Education (in this Act referred to as the ``Secretaries'') to, jointly, develop a workforce training and education program to prepare workers for careers in the alternative energy and energy efficiency industries. SEC. 3. ADVISORY COMMISSION. (a) Establishment.--Not later than 1 year after the date of the enactment of this Act, the Secretaries shall establish and convene an advisory commission (in this Act referred to as the ``Commission''). (b) Duties of the Commission.--The duties of the Commission shall be to carry out the following: (1) Review and analyze the skill needs of the alternative energy and energy efficiency fields. (2) Identify and define career pathways, including coursework, certification, and other training needed for career development in the following career areas in the alternative energy and energy efficiency fields: (A) Wind power, including the construction and maintenance of commercial and residential wind turbines. (B) Solar power, including commercial and residential photovoltaic installation. (C) Geo-thermal energy, including home and commercial heating and cooling and other applications. (D) Training of energy auditors to perform energy efficiency audits on both residential and commercial structures. (E) Energy efficient retrofit and renovation of residential and commercial structures. (3) Recommend a curriculum framework and best practices for educational and workforce training programs related to each career area described in paragraph (2), by consulting with leaders in alternative energy and energy efficiency fields, including-- (A) community colleges identified by the Secretaries as leaders, or having the best practices, in alternative energy workforce development; (B) State energy offices and other local agencies with expertise in energy efficiency; and (C) representatives from the alternative energy industry and trade unions that represent workers in the alternative energy industry. (4) In making recommendations under paragraph (3), the Commission shall take into account variations in the skill level, work experience, and education of students who may participate in the educational and workforce training programs described in such paragraph. (5) Not later than 12 months after the date on which the first train-the-trainers grant is awarded under section 5, submit to the Secretaries of Labor, Energy, and Education, and the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report on that includes-- (A) the Commission's findings with regard to identifying career pathways related to the career areas described in paragraph (2); (B) the Commission's recommendations regarding the curriculum framework for such career areas; and (C) other information and recommendations on best practices with respect to teaching in such career areas that the Commission considers appropriate. (6) Assist the Secretaries in administering the grant program established under section 5. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of 15 members appointed not later than 45 days after the date of the enactment of this Act as follows: (A) 5 individuals appointed by the Secretary of Energy. (B) 5 individuals appointed by the Secretary of Labor. (C) 5 individuals appointed by the Secretary of Education. (2) Qualifications.--Of the members appointed under subparagraph (A), a minimum of-- (A) 5 members shall represent employers in the energy efficiency field; and (B) 5 members shall be experts in alternative energy workforce education in community colleges. (3) Terms.-- (A) In general.--Each member shall be appointed for the life of the Commission. (B) Vacancies.--A vacancy in the Commission shall be filed in the manner in which the original appointment was made. (4) Compensation.--All members of the Commission shall serve voluntarily and without additional compensation. (5) Chairperson.--The Secretary of Labor shall designate a member of the Commission to be the Chairperson of the Commission. (6) Meetings.--The Commission shall-- (A) hold its first meeting not later than 30 days after the date on which a majority of the members of the Commission have been appointed; and (B) meet at the call of the Chairperson. (7) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (d) Staff of the Commission.-- (1) Additional staff.-- (A) In general.--The Commission may appoint up to 3 additional staff who will report to the Chairperson. (B) Applicability of certain civil service laws.-- The staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (2) Staff of federal agencies.--Upon request of the Chairman of the Commission, the head of any Federal department or agency may detail, on a nonreimbursable basis, any personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (e) Powers of the Commission.-- (1) Hearings and sessions.--The Commission may, for the purpose of carrying out its duties under this Act, hold hearings, sit and act at such times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) Powers of members and agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this subsection. (3) Obtaining official data.--The Commission may secure directly from any department or agency of the Federal Government information necessary to enable it to carry out its duties under this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (4) Studies.--The Commission may conduct studies to enable it to carry out its duties under this Act. (5) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (f) Termination.--The Commission shall terminate on 90 days after submitting its final report under subsection (b)(5). SEC. 4. POSTING REPORT ON WEBSITE. Upon receipt of the report under section 3(b)(5), the Secretary of Labor, Education, and Energy shall post on the Internet website of the Department of Labor, Education, and Energy, respectively, the report. SEC. 5. GRANTS AUTHORIZED. (a) In General.--From the amounts appropriated under section 8 to carry out this section, not earlier than fiscal year 2011, the Secretaries shall, jointly, award grants to community colleges for the purposes of providing education and workforce training in the alternative energy and energy efficiency fields. (b) Application.--To receive a grant under this Act, a community college shall submit an application to the Secretaries at such time, in such manner, and containing such information as the Secretaries may require. Such application shall include-- (1) an identification of employment opportunities in the alternative energy and energy efficiency fields in the area served by the community college and the specific skills needed to obtain such employment opportunities, based on information from-- (A) existing labor market and industry analyses; (B) local workforce investment boards; or (C) private, non-profit organizations or nonprofit business or economic development organizations; (2) an assurance that the community college will carry out detailed market research to assess, with respect to the area served by the community college-- (A) the current and projected employment opportunities and labor demand in the alternative energy and energy efficiency fields; and (B) the job skills necessary to obtain such employment opportunities; and (3) an assurance that the community college will use the information described in paragraph (1) and the market research carried out by the college under paragraph (2) to establish education and workforce training programs that correspond to the employment opportunities in the alternative energy and energy efficiency fields in the area served by the community college, and the skills needs to obtain such opportunities. (c) Uses of Funds.--A community college receiving a grant under this Act shall use such grant funds to-- (1) establish educational and workforce training programs that-- (A) correspond to the employment opportunities in such fields, and the skills needs with respect to such opportunities in the area served by the community college, as determined by the information obtained, and the market research carried out, by the community college under subsection (b); (B) incorporate-- (i) following the completion of the Commission's report pursuant to section 3(b)(5) curriculum recommend private non-profit or not- for-profit business/economic development organizations developed by the Commission pursuant to such section; and (ii) best practices developed by community colleges pursuant to section 6; (2) assist students and graduates of the educational and workforce training program in apprenticeship and employment placement in the alternative energy and energy efficiency fields; (3) coordinate with the secondary schools and vocational schools in the area served by the community college to assist such schools in providing educational services in the alternative energy and energy efficiency fields for students enrolled in such schools (such as by assisting in the development of a curriculum or apprenticeship program in such fields); and (4) coordinate with local workforce investment boards to ensure-- (A) access to enroll in the programs established under paragraph (1) to individuals participating in workforce investment activities in the local area; and (B) that the programs provide access to enrollment in the programs to-- (i) dislocated workers; (ii) workers who are transitioning into careers in the alternative energy or energy efficiency fields; (iii) underrepresented minorities; and (iv) low-income individuals. SEC. 6. TRAIN THE TRAINERS PROGRAM. (a) Grant Program Authorized.--From the amount reserved under section 8(b), the Secretaries shall, jointly, award grants to up to 10 community colleges identified by the Secretaries as leaders in education and workforce training in the alternative energy and energy efficiency fields to develop best practices with respect to such education and training. (b) Application.--A community college desiring to receive a grant under this section shall submit an application at such time, in such manner, and containing such information that the Secretaries may require, which shall, at a minimum, include information with respect to-- (1) the training program in the alternative energy and energy efficiency fields that is being carried out by the community college; (2) the facility where the program is being carried out; (3) the curriculum for such program; and (4) any partnerships the community college-- (A) has established with representatives of businesses, educational institutions, or other organizations that have expertise in the alternative energy or energy efficiency fields; and (B) that have provided training experience opportunities in such fields for students in the program. (c) Uses of Funds.--A community college receiving a grant under this section shall use such funds to develop best practices in instruction and instructor training with respect to education and workforce training programs carried out pursuant to section 5. Such funds may be used by the community college to cover any costs associated with the development of the best practices, including-- (1) instructor salaries; and (2) the purchase of equipment and supplies. SEC. 7. SUPPLEMENT, NOT SUPPLANT. Funds made available under this Act shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to carry out activities under this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS; RESERVATION. (a) Authorization of Appropriations.--There are authorized to be appropriated $200,000,000 to carry out this Act for fiscal year 2012 and for each of the succeeding 4 fiscal years. (b) Reservation.--Of the amount appropriated under subsection (a) for a fiscal year, 15 percent shall be made available to carry out section 6 for such fiscal year. SEC. 9. DEFINITIONS. For purposes of this Act: (1) Alternative energy fields.--The term ``alternative energy fields'' means solar, wind, geothermal, and energy efficiency fields. (2) Career pathways.--The term ``career pathways'' means a clear sequence of coursework and credentials enabling career development in a particular field that assists individuals of varying skill levels to enter and progress in jobs in that field. (3) Community college.--The term ``community college'' means a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate's degree. (4) Dislocated worker.--The term ``dislocated worker'' has the meaning given the term in section 101 of the Workforce Investment Act of 1998. (5) Energy efficiency fields.--The term ``energy efficiency fields'' means energy efficiency auditing for residential and commercial structures and energy efficiency retrofit for residential and commercial structures. (6) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (7) Local workforce investment board.--The term ``local workforce investment board'' refers to the term in section 117 of the Workforce Investment Act of 1998. (8) Low-income individual.--The term ``low-income'' individual means an individual from a family whose taxable income for the preceding year did not exceed 150 percent an amount equal to the poverty level determined by using criteria of poverty established by the Bureau of the Census. (9) Secondary school.--The term ``secondary school'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (10) Secretaries.--The term ``Secretaries'' means the Secretary of Energy and the Secretary of Labor. (11) Vocational school.--The term ``vocational school'' means-- (A) a specialized public secondary school used exclusively or principally for the provision of career and technical education to individuals who are available for study in preparation for entering the labor market; or (B) the department of a public secondary school exclusively or principally used for providing career and technical education in not fewer than 5 different occupational fields to individuals who are available for study in preparation for entering the labor market.

Green Workforce Development Through Community Colleges Act - Directs the Secretaries of Labor, Energy, and Education to establish and convene an advisory commission to: (1) review and analyze the skill needs of the alternative energy and energy efficiency fields; (2) identify and define career pathways, including coursework, certification, and other training needed for career development in areas related to wind power, solar power, geothermal energy, training of energy auditors for residential and commercial structures, and energy efficient retrofit and renovation of residential and commercial structures; (3) recommend a curriculum framework and best practices for educational and workforce training programs related to such areas; and (4) report its findings and recommendations to the Secretaries. Directs such Secretaries to: (1) post such report on their department websites; and (2) jointly award grants to community colleges for the purposes of providing education and workforce training in the alternative energy and energy efficiency fields. Requires community college recipients to use grant funds to: (1) establish educational and training programs in such fields; (2) assist students and graduates of such programs in apprenticeship and employment placement in such fields; (3) coordinate with and assist area secondary and vocational schools in providing educational services in such fields; and (4) coordinate with local workforce investment boards to ensure program access to individuals participating in workforce investment activities in the local area, dislocated workers, workers who are transitioning into careers in such fields, underrepresented minorities, and low-income individuals. Directs the Secretaries to jointly award grants to up to 10 community colleges identified as leaders in education and workforce training in the alternative energy and energy efficiency fields to develop best practices regarding such education and training.

To direct the Secretary of Labor, the Secretary of Energy, and the Secretary of Education to, jointly, develop a workforce training and education program to prepare workers for careers in the alternative energy and energy efficiency industries.

SECTION 1. SHORT TITLE. This Act may be cited as ``Presidential Tax Disclosure Act of 2017''. SEC. 2. DISCLOSURE OF FEDERAL INCOME TAX RETURNS OF THE PRESIDENT. (a) In General.--Any individual holding the office of President shall submit to the Director of the Office of Government Ethics a copy of each Federal income tax return filed by such individual with the Internal Revenue Service for any taxable year ending during the period such individual holds such office. Such copy shall be so submitted not later than the earlier of the date which is 90 days after such return is so filed or the end of the calendar year in which such return is so filed. (b) Application to Certain Prior Year Returns.--Not later than 90 days after an individual first assumes the office of President, such individual shall submit to the Director of the Office of Government Ethics a copy of each Federal income tax return filed by such individual with the Internal Revenue Service for the 3 most recent taxable years ending before the date on which such individual first assumes such office. (c) Public Disclosure.--In the case of any Federal income tax return received by the Director of the Office of Government Ethics under subsection (a) or (b) of this section or section 6103(l)(23) of the Internal Revenue Code of 1986, the Director shall, not later than 7 business days after receiving such return-- (1) make such return publicly available on the Internet; and (2) submit such return to the Committees on the Judiciary, Ways and Means, and Oversight and Government Reform of the House of Representatives and to the Committees on the Judiciary and Finance of the Senate. (d) Special Rules.-- (1) Disclosure of entire return.--Any reference in this section to a Federal income tax return includes all schedules, supplements, amendments, and attachments with respect to such return. In the case of any such schedule, supplement, amendment, or attachment which is not filed with the Internal Revenue Service on the same date as the return, such schedule, supplement, amendment, or attachment shall be treated as a separate return for purposes of determining the deadline for submission and disclosure under this section. (2) Permitted redactions.--No information may be redacted from any return submitted or disclosed under this section, except the following information: (A) Any Social Security number of any individual. (B) Any taxpayer identification number of any person. (C) Any account identification number. (D) Any name of any dependent of the taxpayer. (3) Application to spouses.-- (A) Joint returns.--In the case of any return which is filed jointly with the spouse of any individual, the entire return shall be treated as the return of such individual for purposes of this section. (B) Separate returns.--If the spouse of any individual to whom subsection (a) applies files a Federal income tax return which is separate from such individual, this section and section 6103(l)(23) of the Internal Revenue Code of 1986 shall apply to such return in the same manner as such section would apply if such return were filed by such individual. (e) Enforcement by Attorney General.-- (1) The Attorney General may bring a civil action in any appropriate United States district court against any individual who knowingly falsifies or who knowingly fails to submit or disclose any information that such individual is required to submit or disclose pursuant to this section or section 6103(l)(23) of the Internal Revenue Code of 1986. The court may assess against such individual a civil penalty in an amount of not more than $50,000. (2) It shall be unlawful for any person to knowingly-- (A) falsify any information that such person is required to submit or disclose under this section or section 6103(l)(23) of the Internal Revenue Code of 1986; or (B) fail to so submit or disclose such information. (3) Any person who-- (A) violates paragraph (2)(A) shall be fined not more than $50,000, imprisoned for not more than 6 months, or both, and (B) violates paragraph (2)(B) shall be fined not more than $50,000, imprisoned for not more than 6 months or both. (4) The Director of the Office of Government Ethics, or any Committee referred to in subsection (c)(2), may refer to the Attorney General the name of any individual which such Director or Committee has reasonable cause to believe has violated paragraph (2). (f) Alternative Disclosure by Secretary of the Treasury.--Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(23) Disclosure of tax returns of the president.-- ``(A) In general.--If any Federal income tax return required to be submitted to the Director of the Office of Government Ethics under subsection (a) or (b) of section 2 of the Presidential Tax Disclosure Act of 2017 is not so submitted before the date specified in such subsection with respect to such submission (or if any such return so submitted is incomplete or inaccurate), the Secretary shall disclose such return to the Director of the Office of Government Ethics not later than 30 days after such date. ``(B) Redactions; etc.--Rules similar to the rules of section 2(d) of the Presidential Tax Disclosure Act of 2017 shall apply for purposes of this paragraph, except that the Secretary shall redact the information described in subparagraphs (A) through (D) of paragraph (2) of such section before disclosing such return under subparagraph (A). ``(C) Redisclosure.--Return information disclosed under subparagraph (A) may be redisclosed by the Director of the Office of Government Ethics as provided in section 2(c) of the Presidential Tax Disclosure Act of 2017.''. (g) Effective Date.--This section, and the amendments made by this section, shall apply with respect to individuals assuming the office of President after December 31, 2016.

Presidential Tax Disclosure Act of 2017 This bill requires any individual holding the office of President to submit federal tax returns to the Office of Government Ethics (OGE). The individual must submit: (1) each return filed with the Internal Revenue Service (IRS) for any year ending while the individual is President, and (2) each return filed with the IRS for the three years before the individual assumed office. After receiving the returns, the OGE must: (1) make the returns publicly available on the Internet, and (2) submit the returns to specified congressional committees. No information may be redacted from the disclosed returns except for: (1) Social Security, tax identification, and account identification numbers; and (2) the names of any dependent of the taxpayer. The bill establishes civil and criminal penalties to enforce the disclosure requirements. It also amends the Internal Revenue Code to permit the IRS to disclose to the OGE any federal tax return that is required to be disclosed by this bill, but has not been submitted to the OGE within a specified deadline.

Presidential Tax Disclosure Act of 2017

SECTION 1. REVIEW AND POLICY REGARDING DEPARTMENT OF DEFENSE INVESTIGATIVE PRACTICES IN RESPONSE TO ALLEGATIONS OF SEX-RELATED OFFENSES. (a) Review.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a review of the practices of the military criminal investigative organizations (Army Criminal Investigation Command, Naval Criminal Investigative Service, and Air Force Office of Special Investigation) regarding the investigation of alleged sex-related offenses involving members of the Armed Forces, including the extent to which the military criminal investigative organizations make a recommendation regarding whether an allegation of a sex-related offense appears founded or unfounded. (b) Policy.--After conducting the review required by subsection (a), the Secretary of Defense shall develop a uniform policy for the Armed Forces, to the extent practicable, regarding the use of case determinations to record the results of the investigation of a sex- related offense. In developing the policy, the Secretary shall consider the feasibility of adopting case determination methods, such as the uniform crime report, used by nonmilitary law enforcement agencies. (c) Sex-Related Offense Defined.--In this section, the term ``sex- related offense'' includes-- (1) any offense covered by section 920, 920a, 920b, 920c, or 925 of title 10, United States Code (article 120, 120a, 120b, 120c, or 125 of the Uniform Code of Military Justice); or (2) an attempt to commit an offense specified in a paragraph (1) as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice). SEC. 2. DEVELOPMENT OF SELECTION CRITERIA FOR ASSIGNMENT AS SEXUAL ASSAULT RESPONSE AND PREVENTION PROGRAM MANAGERS, SEXUAL ASSAULT RESPONSE COORDINATORS, AND SEXUAL ASSAULT VICTIM ADVOCATES. (a) Qualifications for Assignment.--Section 1602(e)(2) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 1561 note; 124 Stat. 4431) is amended-- (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by striking subparagraph (A) and inserting the following new subparagraphs: ``(A) the qualifications necessary for a member of the Armed Forces or a civilian employee of the Department of Defense to be selected for assignment to duty as a Sexual Assault Response and Prevention Program Manager, Sexual Assault Response Coordinator, or Sexual Assault Victim Advocate, whether assigned to such duty on a full-time or part-time basis; ``(B) consistent with section 584(c) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 1561 note; 125 Stat. 1433), the training, certification, and status of members of the Armed Forces and civilian employees of the department assigned to duty as Sexual Assault Response and Prevention Program Managers, Sexual Assault Response Coordinators, and Sexual Assault Victim Advocates for the Armed Forces; and''. (b) Conforming Amendments.--Section 584 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 1561 note; 125 Stat. 1432) is amended-- (1) in subsection (a)(2), by inserting ``who satisfy the selection criteria established under section 1602(e)(2) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 1561 note; 124 Stat. 4431)'' after ``Defense''; and (2) in subsection (b)(2), by inserting ``who satisfy the selection criteria established under section 1602(e)(2) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011'' after ``Defense''. SEC. 3. UNIFORM TRAINING AND EDUCATION PROGRAMS FOR SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM. Section 585(a) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1434; 10 U.S.C. 1561 note) is amended-- (1) in paragraph (1)-- (A) in the first sentence, by striking ``Not later than one year after the date of the enactment of this Act, the Secretary of each military department shall develop a curriculum to provide sexual assault prevention and response training and education for members of the Armed Forces under the jurisdiction of the Secretary and civilian employees of the military department'' and inserting ``Not later than June 30, 2014, the Secretary of Defense shall develop a uniform curriculum to provide sexual assault prevention and response training and education for members of the Armed Forces and civilian employees of the Department of Defense''; and (B) in the second sentence, by inserting ``including lesson plans to achieve core competencies and learning objectives,'' after ``curriculum,''; and (2) in paragraph (3)-- (A) by striking ``Consistent training.--The Secretary of Defense shall ensure'' and inserting ``Uniform training.--The Secretary of Defense shall require''; and (B) by striking ``consistent'' and inserting ``uniform''.

Directs the Secretary of Defense to: (1) review practices of the military criminal investigative organizations regarding the investigation of alleged sex-related offenses involving members of the Armed Forces (members), and (2) develop a uniform policy regarding the use of case determinations to record the results of such investigations. Amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 to direct the Secretary to establish minimum standards for: (1) the qualifications necessary for members or civilian employees of the Department of Defense (DOD) to be selected as a sexual assault response and prevention program manager, sexual assault response coordinator, or sexual assault victim advocate; and (2) the training, certification, and status of such members and employees assigned to such positions. Amends the National Defense Authorization Act for Fiscal Year 2012 to require the Secretary, by June 30, 2014, to develop a uniform curriculum to provide sexual assault prevention and response training for members and civilian DOD employees. Requires such curriculum to include lesson plans to achieve core competencies and learning objectives.

To improve the response to and prevention of sexual assaults involving members of the Armed Forces.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pregnant Mothers and Infants Health Protection Act of 1997''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to recent figures, 14 percent of pregnant mothers admit to smoking tobacco during pregnancy. (2) Smoking tobacco during pregnancy significantly increases maternal and fetal risk, and causes 20 percent to 30 percent of the low birth weight rate and 10 percent of the fetal and infant death rate in the United States. (3) Mothers who smoke both during and after pregnancy have nearly a 3 fold increase in the risk of Sudden Infant Death Syndrome (SIDS), as compared to mothers who do not smoke. (4) Smoking during pregnancy has been associated with certain childhood cancers and birth defects, and it increases the risk of spontaneous abortion, premature rupture of membranes, and delivery of a stillborn infant. (5) Smoking during pregnancy may impede the growth of the fetus and increase the likelihood of mental retardation by 50 percent. (6) The proportion of women who quit smoking during pregnancy but relapse at 6 months postpartum is nearly 63 percent, thereby exposing their infants to passive smoke and increasing their risk for SIDS and other health related problems. (7) Effective prenatal smoking cessation interventions increase the rate of smoking cessation during pregnancy. SEC. 3. PURPOSE. It is the purpose of this Act to establish, within the Department of Health and Human Services, a comprehensive program to help prevent prenatal and postnatal smoking. Such program shall-- (1) coordinate, support, and conduct national, State and community-based public awareness, prevention, and education programs on prenatal and postnatal smoking; (2) support, coordinate, and conduct basic and applied research concerning prenatal and postnatal smoking and its effects; and (3) foster coordination between all Federal agencies and private voluntary organizations that conduct or support prenatal and postnatal smoking research, prevention, and surveillance programs. SEC. 4. ESTABLISHMENT OF PROGRAM. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART M--PRENATAL AND POSTNATAL SMOKING PREVENTION PROGRAM ``SEC. 399N. ESTABLISHMENT. ``(a) Prenatal or Postnatal Smoking Prevention Program.-- The Secretary, acting through the Centers for Disease Control and Prevention, shall establish a comprehensive program to be known as the `Prenatal and Postnatal Smoking Prevention Program' that shall include-- ``(1) an education and public awareness program that is designed to-- ``(A) support, conduct and evaluate the effectiveness of-- ``(i) educational and cessation programs concerning the prevention, diagnosis, and treatment of infants born with the effects of prenatal smoking; ``(ii) prevention and education programs, including school health and adolescent education programs concerning prenatal and postnatal smoking and its effects, and; ``(iii) public and community awareness and cessation programs designed to educate about prenatal and postnatal smoking and its effects on fetuses and newborns; ``(B) provide technical and consultative assistance to States, local governments, scientific and academic institutions, community health centers funded under section 330, and nonprofit organizations concerning the programs referred to in subparagraph (A); and ``(C) award grants to, and enter into cooperative agreements with, States, local governments, scientific and academic institutions, community health centers, and non-profit organizations for the purpose of-- ``(i) evaluating the effectiveness of programs referred to in subparagraph (A); ``(ii) providing training in the prevention of prenatal and postnatal smoking; ``(iii) educating school age children, especially pregnant and high-risk youth, concerning the effects of prenatal and postnatal smoking on fetuses and newborns; and ``(iv) increasing public and community awareness concerning prenatal and postnatal smoking and its effects on fetuses and newborns through projects, programs, and campaigns, and improving the understanding of the general public and targeted groups concerning the most effective intervention methods to prevent prenatal and postnatal smoking; ``(2) an applied research and prevention program that is designed to-- ``(A) support and conduct research on the diagnostic methods, treatment, and prevention of prenatal and postnatal smoking and its effects on fetuses and newborns; ``(B) provide technical and consultative assistance and training to States, local governments, scientific and academic institutions, community health centers, and nonprofit organizations engaged in the conduct of-- ``(i) prenatal and postnatal smoking prevention, cessation and early intervention programs; and ``(ii) research relating to the effects of prenatal and postnatal smoking and the number and demographic profile of pregnant mothers who smoke; and ``(C) award grants to, and enter into cooperative agreements and contracts with, States, local governments, scientific and academic institutions, community health centers, and non-profit organizations for the purpose of-- ``(i) conducting innovative demonstration and evaluation projects designed to determine effective strategies, including community-based prevention programs and education campaigns, for preventing and intervening in fetal exposure to tobacco smoke; ``(ii) improving and coordinating the surveillance and ongoing assessment methods implemented by such entities and the Federal Government with respect to prenatal and postnatal smoking and its effects on fetuses and newborns; ``(iii) developing, disseminating and evaluating effective age-appropriate prevention and cessation programs for adolescent and adult mothers who smoke; and ``(iv) facilitating the coordination and collaboration among Federal, State, local government and community-based prenatal and postnatal smoking prevention programs; ``(3) a basic research program that is designed to support and conduct basic research on services and effective prevention treatments and interventions for pregnant mothers who smoke and children suffering the effects of intrauterine or passive exposure to tobacco smoke; and ``(4) a procedure for disseminating prevention strategies and the diagnostic criteria for infants suffering the effects of exposure to intrauterine or passive tobacco smoke to health care providers, educators, social workers, and other individuals. ``(b) Eligibility.--To be eligible to receive a grant, or enter into a cooperative agreement or contract under this section, an entity shall-- ``(1) be a State, local government, scientific or academic institution, community health center, or nonprofit organization; and ``(2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of the activities that the entity intends to carry out using amounts received under the grant, cooperative agreement or contract. ``(c) Clearinghouse.--In carrying out this section, the Secretary shall establish within the Centers for Disease Control and Prevention a prenatal and postnatal smoking prevention clearinghouse for the collection, dissemination and storage of data concerning prenatal and postnatal smoking prevention. In establishing such clearinghouse, the Secretary shall ensure that the Centers for Disease Control and Prevention shall serve as the coordinating agency for prenatal and postnatal smoking prevention and surveillance activities. ``(d) Biennial Report.--Not later than 2 years after the date of enactment of this section, and every 2 years thereafter, the Secretary shall prepare and submit to the Committee on Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate a biennial report that-- ``(1) includes information concerning the incidence and prevalence of prenatal and postnatal smoking and the extent to which such smoking has contributed to infant mortality, low birth weight, sudden infant death syndrome, and other complications; ``(2) includes information that is specific to various demographics; ``(3) includes an assessment of the extent to which various approaches of preventing prenatal and postnatal smoking have been effective; ``(4) describes the activities carried out under this section; and ``(5) contains any recommendations of the Secretary regarding this section. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $10,000,000 for each of the fiscal years 1998 and 1999, and such sums as may be necessary for each of the fiscal years 2000 and 2001.''.

Pregnant Mothers and Infants Health Protection Act of 1997 - Establishes, within the Department of Health and Human Services (HHS), the Prenatal and Postnatal Smoking Prevention Program to include: (1) an education and public awareness program designed to support and evaluate the effectiveness of certain prevention and cessation programs, provide technical and consultative assistance and award grants and enter into cooperative agreements with States, local governments, and certain entities; (2) an applied research and prevention program designed to support and conduct research on the diagnostic methods, treatment, and prevention of prenatal and postnatal smoking and its effects on fetuses and newborns, provide technical and consultative assistance and award grants, and enter into cooperative agreements and contracts with States, local governments, and certain entities; (3) a basic research program for the support and conduct of basic research on services and effective prevention treatments and interventions for pregnant mothers who smoke and children suffering the effects of intrauterine or passive exposure to tobacco smoke; and (4) a procedure for disseminating prevention strategies and the diagnostic criteria for infants suffering the effects of exposure to intrauterine or passive tobacco smoke to health care providers, educators, social workers, and other individuals. Directs the HHS Secretary to: (1) establish within the Centers for Disease Control and Prevention (CDC) a prenatal and postnatal smoking prevention clearinghouse; and (2) in establishing such clearinghouse, ensure that the CDC serve as the coordinating agency for prenatal and postnatal smoking prevention. Mandates a certain biennial report. Authorizes appropriations.

Pregnant Mothers and Infants Health Protection Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aircraft Safety Act of 2000''. SEC. 2. PREVENTION OF FRAUDS INVOLVING AIRCRAFT OR SPACE VEHICLE PARTS IN INTERSTATE OR FOREIGN COMMERCE. (a) Definitions.--Section 31 of title 18, United States Code, is amended by striking all after the section heading and inserting the following: ``(a) As used in this chapter-- ``(1) the term `aircraft' means a civil, military, or public contrivance invented, used, or designed to navigate, fly, or travel in the air; ``(2) the term `aviation quality', with respect to a part of an aircraft or space vehicle, means the quality of having been manufactured, constructed, produced, maintained, repaired, overhauled, rebuilt, reconditioned, or restored in conformity with applicable standards specified by law (including applicable regulations); ``(3) the term `destructive substance' means an explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive device or matter of a combustible, contaminative, corrosive, or explosive nature; ``(4) the term `in flight' means-- ``(A) any time from the moment at which all the external doors of an aircraft are closed following embarkation until the moment when any such door is opened for disembarkation; and ``(B) in the case of a forced landing, until competent authorities take over the responsibility for the aircraft and the persons and property on board; ``(5) the term `in service' means-- ``(A) any time from the beginning of preflight preparation of an aircraft by ground personnel or by the crew for a specific flight until 24 hours after any landing; and ``(B) in any event includes the entire period during which the aircraft is in flight; ``(6) the term `motor vehicle' means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo; ``(7) the term `part' means a frame, assembly, component, appliance, engine, propeller, material, part, spare part, piece, section, or related integral or auxiliary equipment; ``(8) the term `space vehicle' means a man-made device, either manned or unmanned, designed for operation beyond the Earth's atmosphere; ``(9) the term `State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and ``(10) the term `used for commercial purposes' means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit. ``(b) In this chapter, the terms `aircraft engine', `air navigation facility', `appliance', `civil aircraft', `foreign air commerce', `interstate air commerce', `landing area', `overseas air commerce', `propeller', `spare part', and `special aircraft jurisdiction of the United States' have the meanings given those terms in sections 40102(a) and 46501 of title 49.''. (b) Aircraft or Space Vehicle Parts Fraud.-- (1) In general.--Chapter 2 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 38. Fraud involving aircraft or space vehicle parts in interstate or foreign commerce ``(a) Whoever, in or affecting interstate or foreign commerce, knowingly and with the intent to defraud-- ``(1)(A) falsifies or conceals a material fact; ``(B) makes any materially fraudulent representation; or ``(C) makes or uses any materially false writing, entry, certification, document, record, data plate, label, or electronic communication; concerning any aircraft or space vehicle part; ``(2) exports from or imports or introduces into the United States, sells, trades, installs on or in any aircraft or space vehicle any aircraft or space vehicle part using or by means of a fraudulent representation, document, record, certification, depiction, data plate, label, or electronic communication; or ``(3) attempts or conspires to commit an offense described in paragraph (1) or (2); shall be punished as provided in subsection (b). ``(b) The punishment for an offense under subsection (a) is as follows: ``(1) If the offense relates to the aviation quality of a part and the part is installed in an aircraft or space vehicle, a fine of not more than $500,000, imprisonment for not more than 10 years, or both. ``(2) If, by reason of the failure of the part to operate as represented, the part to which the offense is related is the proximate cause of a malfunction or failure that results in serious bodily injury (as defined in section 1365), a fine of not more than $1,000,000, imprisonment for not more than 20 years, or both. ``(3) If, by reason of the failure of the part to operate as represented, the part to which the offense is related is the proximate cause of a malfunction or failure that results in the death of any person, a fine of not more than $1,000,000, imprisonment for any term of years or life, or both. ``(4) In the case of an offense under subsection (a) not described in paragraph (1), (2), or (3), a fine under this title, imprisonment for not more than 5 years, or both. ``(5) If the offense is committed by an organization, a fine of not more than-- ``(A) $10,000,000 in the case of an offense described in paragraph (1) or (4); and ``(B) $20,000,000 in the case of an offense described under paragraph (2) or (3). ``(c)(1) The district courts of the United States shall have jurisdiction to prevent and restrain violations of this section by issuing appropriate orders, including-- ``(A) ordering a person (convicted of an offense under this section) to divest any interest, direct or indirect, in any enterprise used to commit or facilitate the commission of the offense, or to destroy, or to mutilate and sell as scrap, aircraft material or part inventories or stocks; ``(B) imposing reasonable restrictions on the future activities or investments of any such person, including prohibiting engagement in the same type of endeavor as used to commit the offense; and ``(C) ordering the dissolution or reorganization of any enterprise knowingly used to commit or facilitate the commission of an offense under this section making due provisions for the rights and interests of innocent persons. ``(2) Pending final determination of a proceeding brought under this section, the court may enter such restraining orders or prohibitions, or take such other actions (including the acceptance of satisfactory performance bonds) as the court deems proper. ``(3) A final judgment rendered in favor of the United States in any criminal proceeding brought under this section shall stop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by the United States. ``(d)(1) The court, in imposing sentence on any person convicted of an offense under this section, shall order, in addition to any other sentence and irrespective of any provision of State law, that the person forfeit to the United States-- ``(A) any property constituting, or derived from, any proceeds that the person obtained, directly or indirectly, as a result of the offense; and ``(B) any of the person's property used, or intended to be used in any manner, to commit or facilitate the commission of the offense, if the court in its discretion so determines, taking into consideration the nature, scope, and proportionality of the use of the property in the offense. ``(2) The forfeiture of property under this section, including any seizure and disposition of the property, and any proceedings relating to the property, shall be governed by section 413 of the Comprehensive Drug Abuse and Prevention Act of 1970 (21 U.S.C. 853) except subsection (d) of that section. ``(e) This section does not preempt or displace any other remedy, civil or criminal, provided by Federal or State law for the fraudulent importation, sale, trade, installation, or introduction into commerce of an aircraft or space vehicle part. ``(f) This section also applies to conduct occurring outside the United States if-- ``(1) the offender is a natural person who is a citizen or permanent resident alien of the United States, or an organization organized under the laws of the United States or political subdivision thereof; ``(2) the aircraft or spacecraft part as to which the violation relates was installed in an aircraft or space vehicle owned or operated at the time of the offense by a citizen or permanent resident alien of the United States, or by an organization organized under the laws of the United States or a State political subdivision thereof; or ``(3) an act in furtherance of the offense was committed in the United States.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 2 of title 18, United States Code, is amended by adding at the end the following new item: ``38. Fraud involving aircraft or space vehicle parts in interstate or foreign commerce.''. (3) Wiretapping predicate.--Section 2516(1)(c) of title 18, United States Code, is amended by inserting ``section 38 (relating to aircraft parts fraud),'' after ``section 32 (relating to destruction of aircraft or aircraft facilities),''.

Grants the U.S. district courts jurisdiction to prevent and restrain violations pending final determination of such a proceeding. Specifies that a final judgment rendered in favor of the United States shall stop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by the United States. Sets forth provisions regarding forfeiture of property, lack of preemption, and applicability to conduct occurring outside the United States under specified circumstances. Makes violation of this Act a predicate to authorization for interception of wire, oral, or electronic communications.

Aircraft Safety Act of 2000

SECTION 1. INCREASE IN AMOUNT OF LOAN GUARANTY FOR LOANS FOR THE PURCHASE OR CONSTRUCTION OF HOMES. Subparagraphs (A)(i)(IV) and (B) of section 3703(a)(1) of title 38, United States Code, are each amended by striking out ``$46,000'' and inserting in lieu thereof ``$50,750''. SEC. 2. MORTGAGE PAYMENT ASSISTANCE TO AVOID FORECLOSURE OF HOME LOANS GUARANTEED UNDER TITLE 38. (a) In General.--(1) Chapter 37 of title 38, United States Code, is amended by inserting after section 3714 the following new section: ``Sec. 3715. Loans to refinance delinquent indebtedness ``(a)(1) The Secretary may, at the Secretary's option, provide assistance to a veteran under this section for the purpose of avoiding the foreclosure of a housing loan made to that veteran and guaranteed by the Secretary under section 3710 or 3712 of this title (hereinafter in this section referred to as a `primary loan'). ``(2) Assistance under this section shall be in the form of a loan to the veteran. Such assistance may be provided only if-- ``(A) the dwelling that secures the primary loan is the current residence of the veteran and is occupied by the veteran as the veteran's home; ``(B) the veteran is delinquent in payments on that primary loan and the holder has submitted the notice of default as required by section 3732(a)(2) and is unwilling to grant forbearance; ``(C) the veteran has lost employment or has encountered circumstances beyond his control which affect his ability to maintain mortgage payments; and ``(D) the Secretary determines that there is a reasonable prospect that the veteran will be able to resume payment on the primary loan within six months after receiving assistance under this section. ``(3) For the purposes of this section, the term `veteran' includes the surviving spouse of a veteran if the surviving spouse was a co- obligor of the primary loan. ``(b)(1) A loan under this section shall be advanced to the holder of the primary loan. The amount of the loan under this subsection shall first be applied to the amount delinquent on the loan guaranteed under this chapter including any amount delinquent on taxes, assessments, hazard insurance, and late charges required by the holder to be included in the veteran's monthly payment on the mortgage. Any remaining amount of such loan shall be retained by the holder and shall be applied to future payments, including taxes, assessments, and hazard insurance, due on the loan and unpaid (in whole or in part) on the date the payment becomes due. ``(2) The Secretary may make more than one loan under this section to a veteran. The total amount of loans under this section to any veteran may not exceed $10,000. ``(c) A loan under this section-- ``(1) shall bear no interest until the date on which payments on the primary loan (including amounts for taxes, assessments, hazard insurance, and late charges required by the holder to be included in the veteran's monthly payment on the mortgage) are current, and thereafter shall bear interest at a rate determined by the Secretary; ``(2) shall be secured by a lien on the property securing the primary loan and by such other security as the Secretary may require; and ``(3) shall be subject to such additional terms and conditions as the Secretary may require. ``(d) As a condition of receiving a loan under this section the veteran shall execute an agreement, in such form as the Secretary may prescribe, to repay the loan within a reasonable period of time, as determined by the Secretary, not to exceed 15 years from the date on which such loan is made. If the Secretary determines that the veteran has sufficient income or other resources to do so, the Secretary may require the veteran to make partial payments on the primary loan guaranteed under this chapter during the period the holder of that loan is applying the amount of the loan under this section to payments becoming due on the primary loan. ``(e) Notwithstanding any other law, the Secretary may employ attorneys to bring suit to collect any amount of a loan under this section on which the veteran to whom the loan is made is in default. ``(f) The Secretary's decisions on any question of law or fact regarding assistance under this section, including whether or not to grant such assistance and the terms and conditions under which such assistance is granted or not granted, shall be final and conclusive, and no other official or any court of the United States shall have power or jurisdiction to review any such decision by an action in the nature of mandamus or otherwise. ``(g) A loan under this section shall be made from the fund established under section 3724 or 3725 of this title that is available with respect to the primary loan in connection with which the loan is made under this section.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3714 the following new item: ``3715. Loans to refinance delinquent indebtedness.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect at the end of the 60-day period beginning on the date of the enactment of this Act. SEC. 3. FINANCING OF DISCOUNT POINTS. Section 3703(c)(4)(B) of title 38, United States Code, is amended in the second sentence by striking out ``Discount'' and inserting in lieu thereof ``Except in the case of a loan for the purpose specified in section 3710(a)(8), 3710(b)(7), or section 3712(a)(1)(F) of this title, discount''. SEC. 4. RATE ADJUSTMENTS FOR ADJUSTABLE RATE MORTGAGES. Section 3707(b)(2) of title 38, United States Code, is amended by striking out ``on the anniversary of the date on which the loan was closed''. SEC. 5. CEMETERY PLOT ALLOWANCE FOR VETERANS ELIGIBLE FOR BURIAL IN A NATIONAL CEMETERY BUT INTERRED IN A STATE VETERANS CEMETERY. Section 2303 of title 38, United States Code, is amended by adding at the end thereof the following: ``(c) In addition to the benefits provided for under section 2302 of this title and subsection (a) of this section, in the case of a veteran who-- ``(1) is eligible for burial in a national cemetery under section 2402 of this title, and ``(2) is buried (without charge for the cost of a plot or interment) in a cemetery, or a section of a cemetery, that (A) is used solely for the interment of persons eligible for burial in a national cemetery, and (B) is owned by a State or by an agency or political subdivision of a State, the Secretary shall pay to such State, agency, or political subdivision the sum of $150 as a plot or interment allowance for such veteran.''. SEC. 6. INCREASE IN FEDERAL AID TO STATES VETERANS' CEMETERIES. Paragraphs (1) and (2) of section 2408(b) are each amended by striking out ``50 percent'' and inserting in lieu thereof ``65 percent.''. SEC. 7. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR STATE CEMETERY GRANT PROGRAM. Paragraph (2) of section 2408(a) of title 38, United States Code, is amended by striking out ``nine'' and inserting in lieu thereof ``fourteen''. SEC. 8. REMOVAL OF FUNDING REQUIREMENT OF HOMELESS VETERANS COMPREHENSIVE SERVICE PROGRAMS ACT OF 1992. Section 12 of the Homeless Veterans Comprehensive Service Programs Act of 1992 (38 U.S.C. 7721 note) is amended by striking out the second sentence. Passed the House of Representatives September 21, 1993. Attest: DONNALD K. ANDERSON, Clerk.

Increases from $46,000 to $50,750 the amount of the loan guaranty by the Department of Veterans Affairs for loans to qualifying veterans for the purchase or construction of homes. Authorizes the Secretary of Veterans Affairs to provide financial assistance to veterans for the purpose of avoiding foreclosure on a mortgage loan made and guaranteed by the Department. Provides conditions for such assistance. Allows the Secretary to make more than one loan to a veteran, but limits the per-veteran total to $10,000. Requires repayment of all such financial assistance provided. Makes a technical correction relating to the financing of discount points for certain veterans' loans. Deletes the requirement that adjustments in adjustable rate mortgages guaranteed to veterans by the Department occur on the anniversary of the date on which the loan was closed. Provides a $150 cemetery plot allowance, payable to a State or appropriate political subdivision, in the case of a veteran who is eligible for burial in a national cemetery and is buried in a cemetery used solely for the burial of persons eligible for burial in national cemeteries and owned by a State or its political subdivision. Increases the amount authorized to be paid by the Secretary to a State for establishing, expanding, or improving veterans' cemeteries owned by such State from 50 to 65 percent of the total value and cost of such construction or improvements. Extends the authorization of appropriations for such program through FY 1999. Amends the Homeless Veterans Comprehensive Service Programs Act of 1992 to delete a provision which limits grant funds provided under such Act to 65 percent of the estimated cost of expanding and improving the provision of Department benefits and services to homeless veterans.

To amend title 38, United States Code, to increase the amount of the loan guaranty for loans for the purchase or construction of homes.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Osteoporosis Early Detection and Prevention Act of 1997''. (b) Findings.--Congress makes the following findings: (1) Nature of osteoporosis.-- (A) Osteoporosis is a disease characterized by low bone mass and structural deterioration of bone tissue leading to bone fragility and increased susceptibility to fractures of the hip, spine, and wrist. (B) Osteoporosis has no symptoms and typically remains undiagnosed until a fracture occurs. (C) Once a fracture occurs, the condition has usually advanced to the stage where the likelihood is high that another fracture will occur. (D) There is no cure for osteoporosis, but drug therapy has been shown to reduce new hip and spine fractures by 50 percent and other treatments, such as nutrition therapy, have also proven effective. (2) Incidence of osteoporosis.--Osteoporosis is a common condition: (A) Of the 28 million Americans who have (or are at risk for) osteoporosis, 80 percent are women. (B) Annually there are 1.5 million bone fractures attributable to osteoporosis. (C) Half of all women, and one-eighth of all men, age 50 or older will have a bone fracture due to osteoporosis. (3) Impact of osteoporosis.--The cost of treating osteoporosis is significant: (A) The annual cost of osteoporosis in the United States is $13.8 billion. (B) The average cost in the United States of repairing a hip fracture due to osteoporosis is $32,000. (C) Fractures due to osteoporosis frequently result in disability and institutionalization of individuals. (D) Because osteoporosis is a progressive condition and affects primarily aging individuals, reductions in the incidence or severity of osteoporosis, particularly for post menopausal women before they become eligible for Medicare, has a significant potential of reducing osteoporosis-related costs under the Medicare program. (4) Use of bone mass measurement.-- (A) Bone mass measurement is a non-invasive, painless, and reliable way to diagnose osteoporosis before costly fractures occur. (B) Low bone mass is as predictive of future fractures as is high cholesterol or high blood pressure of heart disease or stroke. (C) Bone mass measurement is the only reliable method of detecting osteoporosis at an early stage. (D) Under section 4106 of the Balanced Budget Act of 1997, Medicare will provide coverage, effective July 1, 1998, for bone mass measurement for qualified individuals who are at risk of developing osteoporosis. SEC. 2. REQUIRING COVERAGE OF BONE MASS MEASUREMENT UNDER HEALTH PLANS. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act, as amended by section 703(a) of Public Law 104-204, is amended by adding at the end the following new section: ``SEC. 2706. STANDARDS RELATING TO BENEFITS FOR BONE MASS MEASUREMENT. ``(a) Requirements for Coverage of Bone Mass Measurement.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall include (consistent with this section) coverage for bone mass measurement for beneficiaries and participants who are qualified individuals. ``(b) Definitions Relating to Coverage.--In this section: ``(1) Bone mass measurement.--The term `bone mass measurement' means a radiologic or radioisotopic procedure or other procedure approved by the Food and Drug Administration performed on an individual for the purpose of identifying bone mass or detecting bone loss or determining bone quality, and includes a physician's interpretation of the results of the procedure. Nothing in this paragraph shall be construed as requiring a bone mass measurement to be conducted in a particular type of facility or to prevent such a measurement from being conducted through the use of mobile facilities that are otherwise qualified. ``(2) Qualified individual.--The term `qualified individual' means an individual who-- ``(A) is an estrogen-deficient woman at clinical risk for osteoporosis; ``(B) has vertebral abnormalities; ``(C) is receiving chemotherapy or long-term gluococorticoid (steroid) therapy; ``(D) has primary hyperparathyroidism, hyperthyroidism, or excess thyroid replacement; or ``(E) is being monitored to assess the response to or efficacy of approved osteoporosis drug therapy. ``(c) Limitation on Frequency Required.--Taking into account the standards established under section 1861(rr)(3) of the Social Security Act, the Secretary shall establish standards regarding the frequency with which a qualified individual shall be eligible to be provided benefits for bone mass measurement under this section. The Secretary may vary such standards based on the clinical and risk-related characteristics of qualified individuals. ``(d) Restrictions on Cost-Sharing.-- ``(1) In general.--Subject to paragraph (2), nothing in this section shall be construed as preventing a group health plan or issuer from imposing deductibles, coinsurance, or other cost-sharing in relation to bone mass measurement under the plan (or health insurance coverage offered in connection with a plan). ``(2) Limitation.--Deductibles, coinsurance, and other cost-sharing or other limitations for bone mass measurement may not be imposed under paragraph (1) to the extent they exceed the deductibles, coinsurance, and limitations that are applied to similar services under the group health plan or health insurance coverage. ``(e) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(2) provide incentives (monetary or otherwise) to individuals to encourage such individuals not to be provided bone mass measurements to which they are entitled under this section or to providers to induce such providers not to provide such measurements to qualified individuals; ``(3) prohibit a provider from discussing with a patient osteoporosis preventive techniques or medical treatment options relating to this section; or ``(4) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided bone mass measurements to a qualified individual in accordance with this section. ``(f) Rule of Construction.--Nothing in this section shall be construed to require an individual who is a participant or beneficiary to undergo bone mass measurement. ``(g) Notice.--A group health plan under this part shall comply with the notice requirement under section 713(g) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan. ``(h) Level and Type of Reimbursements.--Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(i) Preemption.-- ``(1) In general.--The provisions of this section do not preempt State law relating to health insurance coverage to the extent such State law provides greater benefits with respect to osteoporosis detection or prevention. ``(2) Construction.--Section 2723(a)(1) shall not be construed as superseding a State law described in paragraph (1).''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)), as amended by section 604(b)(2) of Public Law 104-204, is amended by striking ``section 2704'' and inserting ``sections 2704 and 2706''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, as amended by section 702(a) of Public Law 104-204, is amended by adding at the end the following new section: ``SEC. 713. STANDARDS RELATING TO BENEFITS FOR BONE MASS MEASUREMENT. ``(a) Requirements for Coverage of Bone Mass Measurement.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall include (consistent with this section) coverage for bone mass measurement for beneficiaries and participants who are qualified individuals. ``(b) Definitions Relating to Coverage.--In this section: ``(1) Bone mass measurement.--The term `bone mass measurement' means a radiologic or radioisotopic procedure or other procedure approved by the Food and Drug Administration performed on an individual for the purpose of identifying bone mass or detecting bone loss or determining bone quality, and includes a physician's interpretation of the results of the procedure. Nothing in this paragraph shall be construed as requiring a bone mass measurement to be conducted in a particular type of facility or to prevent such a measurement from being conducted through the use of mobile facilities that are otherwise qualified. ``(2) Qualified individual.--The term `qualified individual' means an individual who-- ``(A) is an estrogen-deficient woman at clinical risk for osteoporosis; ``(B) has vertebral abnormalities; ``(C) is receiving chemotherapy or long-term gluococorticoid (steroid) therapy; ``(D) has primary hyperparathyroidism, hyperthyroidism, or excess thyroid replacement; or ``(E) is being monitored to assess the response to or efficacy of approved osteoporosis drug therapy. ``(c) Limitation on Frequency Required.--The standards established under section 2706(c) of the Public Health Service Act shall apply to benefits provided under this section in the same manner as they apply to benefits provided under section 2706 of such Act. ``(d) Restrictions on Cost-Sharing.-- ``(1) In general.--Subject to paragraph (2), nothing in this section shall be construed as preventing a group health plan or issuer from imposing deductibles, coinsurance, or other cost-sharing in relation to bone mass measurement under the plan (or health insurance coverage offered in connection with a plan). ``(2) Limitation.--Deductibles, coinsurance, and other cost-sharing or other limitations for bone mass measurement may not be imposed under paragraph (1) to the extent they exceed the deductibles, coinsurance, and limitations that are applied to similar services under the group health plan or health insurance coverage. ``(e) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(2) provide incentives (monetary or otherwise) to individuals to encourage such individuals not to be provided bone mass measurements to which they are entitled under this section or to providers to induce such providers not to provide such measurements to qualified individuals; ``(3) prohibit a provider from discussing with a patient osteoporosis preventive techniques or medical treatment options relating to this section; or ``(4) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided bone mass measurements to a qualified individual in accordance with this section. ``(f) Rule of Construction.--Nothing in this section shall be construed to require an individual who is a participant or beneficiary to undergo bone mass measurement. ``(g) Notice under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply. ``(h) Preemption.-- ``(1) In general.--The provisions of this section do not preempt State law relating to health insurance coverage to the extent such State law provides greater benefits with respect to osteoporosis detection or prevention. ``(2) Construction.--Section 731(a)(1) shall not be construed as superseding a State law described in paragraph (1).''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)), as amended by section 603(b)(1) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)), as amended by section 603(b)(2) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 712 the following new item: ``Sec. 713. Standards relating to benefits for bone mass measurement. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act, as amended by section 605(a) of Public Law 104-204, is amended by inserting after section 2751 the following new section: ``SEC. 2752. STANDARDS RELATING TO BENEFITS FOR BONE MASS MEASUREMENT. ``(a) In General.--The provisions of section 2706 (other than subsection (g)) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 713(g) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan. ``(c) Preemption.-- ``(1) In general.--The provisions of this section do not preempt State law relating to health insurance coverage to the extent such State law provides greater benefits with respect to osteoporosis detection or prevention. ``(2) Construction.--Section 2762(a) shall not be construed as superseding a State law described in paragraph (1).''. (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)), as added by section 605(b)(3)(B) of Public Law 104-204, is amended by striking ``section 2751'' and inserting ``sections 2751 and 2752''. (c) Effective Dates.--(1) The amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 1999. (2) The amendments made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date.

Osteoporosis Early Detection and Prevention Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan, and an insurer offering group coverage, to include coverage for bone mass measurement for individuals who: (1) are estrogen-deficient women at clinical risk for osteoporosis; (2) have vertebral abnormalities; (3) are receiving chemotherapy or long-term gluococorticoid (steroid) therapy; (4) have primary hyperparathyroidism, hyperthyroidism, or excess thyroid replacement; or (5) are being monitored to assess the response to or efficacy of approved osteoporosis drug therapy. Regulates frequency and cost sharing. Prohibits related denial of coverage, incentives to individuals, restrictions on provider-patient communications, and provider penalties. Allows State laws providing greater detection or prevention benefits. Amends the Public Health Service Act to apply the above requirements to coverage offered in the individual market.

Osteoporosis Early Detection and Prevention Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Real Estate Revitalization Act of 2010''. SEC. 2. TREATMENT OF FOREIGN INVESTMENTS IN UNITED STATES REAL PROPERTY. (a) Interest in Domestic Corporation Not a United States Real Property Interest.--Subsection (c) of section 897 of the Internal Revenue Code of 1986 is amended to read as follows: ``(c) United States Real Property Interest.--For purposes of this section-- ``(1) In general.--The term `United States real property interest' means an interest in real property (including an interest in a mine, well, or other natural deposit) located in the United States or the Virgin Islands. ``(2) Other special rules.-- ``(A) Interest in real property.--The term `interest in real property' includes fee ownership and co-ownership of land or improvements thereon, leaseholds of land or improvements thereon, options to acquire land or improvements thereon, and options to acquire leaseholds of land or improvements thereon. ``(B) Real property includes associated personal property.--The term `real property' includes movable walls, furnishings, and other personal property associated with the use of the real property.''. (b) Rules for Certain Investment Entities.--Section 897(h) of such Code is amended to read as follows: ``(h) Special Rules for Certain Investment Entities.--For purposes of this section-- ``(1) Look-through of distributions.--Any distribution by a qualified investment entity to a nonresident alien individual or a foreign corporation shall, to the extent attributable to gain from sales or exchanges by the qualified investment entity (including as a result of sales or exchanges by a lower-tier qualified investment entity) of United States real property interests, be included in such foreign person's gross income as an ordinary dividend from the qualified investment entity. ``(2) Liquidating distributions.--In the event of a liquidating distribution, the lesser of-- ``(A) gain recognized under section 331, or ``(B) the amount that would be treated as an ordinary dividend pursuant to paragraph (1), shall be treated as an ordinary dividend. ``(3) Partnerships.--For purposes of this paragraph, a qualified investment entity shall be deemed to own its proportionate share of each of the assets of any partnership (as defined in section 7701(a)(2)) in which the qualified investment entity has an interest as a partner. ``(4) Qualified investment entity.--The term `qualified investment entity' means any real estate investment trust and any regulated investment company.''. (c) Repeal of the Election by a Foreign Corporation To Be Treated as a Domestic Corporation.--Section 897 of such Code is amended by striking subsection (i). (d) Conforming Amendments.-- (1) Section 852(b)(3)(E) of such Code is amended by striking ``to which section 897 does not apply by reason of the second sentence of section 897(h)(1)'' and inserting ``described in section 897(h)(1)''. (2) Section 857(b)(3)(F) of such Code is amended by striking ``In the case of a shareholder of a real estate investment trust to whom section 897 does not apply by reason of the second sentence of section 897(h)(1)'' and inserting ``In the case of a distribution described in section 897(h)(1) to a shareholder of a real estate investment trust''. (3) Section 871(k)(2)(E) of such Code is amended by striking ``to which section 897 does not apply by reason of the second sentence of section 897(h)(1)'' and inserting ``described in section 897(h)(1)''. (4) Section 884(d)(2) of such Code is amended by striking subparagraph (C) and redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively. (5)(A) Section 1445(b) of such Code is amended by striking paragraphs (3), (6), and (8) and by redesignating paragraphs (4), (5), (7), and (9) as paragraphs (3), (4), (5), and (6), respectively. (B) Section 1445(d)(1)(A) of such Code is amended by striking ``or a domestic corporation furnishes the transferee an affidavit described in paragraph (3) of subsection (b)''. (C) Section 1445(e) of such Code is amended by striking paragraphs (3) and (6) and by redesignating paragraphs (4), (5), and (7) as paragraphs (3), (4), and (5), respectively. (6) Paragraphs (1) and (2) of section 6039C(d) of such Code are amended to read as follows: ``(1) to the United States, in the case of any interest in real property located in the United States, and ``(2) to the Virgin Islands, in the case of any interest in real property located in the Virgin Islands.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009.

Real Estate Revitalization Act of 2010 - Amends the Internal Revenue Code, with respect to foreign investment in United States real property, to: (1) redefine "United States real property interest" to eliminate exclusions relating to interests in holding corporations; (2) treat distributions of real property interests by a real estate investment trusts (REIT) or a regulated investment company (RIC) as ordinary dividends; and (3) repeal the election allowed to foreign corporations to be treated as a domestic corporation for purposes of investment in a United States real property interest.

To amend the Internal Revenue Code of 1986 to modify the treatment of foreign investments in United States real property, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Number Online Protection Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The inappropriate display of social security account numbers has contributed to a growing range of illegal activities, including fraud, identity theft, stalking, and other crimes that have a substantial effect on interstate commerce and public safety. (2) The Federal Government requires virtually every individual in the United States to obtain and maintain a social security account number in order to pay taxes, to qualify for old-age, survivors, and disability insurance benefits under title II of the Social Security Act, or to seek employment. An unintended consequence of these requirements is that social security account numbers have become one of the tools that can be used to facilitate crime, fraud, and invasions of the privacy of the individuals to whom the numbers are assigned. Because the Federal Government created and maintains this system, and because the Federal Government does not permit individuals to exempt themselves from those requirements, it is appropriate for the Federal Government to take steps to stem the abuse of social security account numbers. (3) In most jurisdictions throughout the United States, State and local law requires that certain public documents, such as business filings, property records, and birth and marriage certificates, be made available to the general public. These documents may contain an individual's social security account number. An increasing number of official records repositories, such as repositories maintained by a Secretary of State's office or a local clerk's office, are storing such records on the Internet. In a report issued in November 2004, the Government Accountability Office estimated that between 15 and 28 percent of counties display records containing social security account numbers on the Internet, potentially affecting millions of individuals. Due to a patchwork of practices and regulations, the risk of exposure of social security account numbers through the Internet is highly variable across States and localities. While online availability of public records improves access, it also increases the risk that social security account numbers will be widely displayed and misused. SEC. 3. PROHIBITION ON THE DISPLAY TO THE GENERAL PUBLIC ON THE INTERNET OF ALL OR ANY PORTION OF SOCIAL SECURITY ACCOUNT NUMBERS BY STATE AND LOCAL GOVERNMENTS. (a) In General.--Chapter 88 of title 18, United States Code, is amended by inserting at the end the following: ``Sec. 1802. Prohibition on the display to the general public on the Internet of all or any portion of social security account numbers by State and local governments ``(a) In General.--A State, a political subdivision of a State, or any officer, employee, or contractor of a State or a political subdivision of a State, shall not display to the general public on the Internet all or any portion of any social security account number. ``(b) Rules of Construction; Deemed Compliance.-- ``(1) Rules of construction.--Nothing in this section shall be construed to supersede, alter, or affect-- ``(A) any restriction or limitation on the display to the general public on the Internet of all, or any part of, social security account numbers provided for in any statute, regulation, or order of the Federal Government, a State, or a political subdivision of a State, or under any interpretation of such a statute, regulation, or order, if the restriction or limitation is greater than that provided under this section; or ``(B) any statute, regulation, or order of the Federal Government, a State, or a political subdivision of a State relating to the submission of a social security account number to a State or a political subdivision of a State. ``(2) Deemed compliance.--A State, a political subdivision of a State, or any officer, employee, or contractor of a State or a political subdivision of a State, shall be deemed to be in compliance with the requirements of subsection (a) if the State or political subdivision permits an individual to submit in addition to original material required to be submitted to the State or political subdivision that contains all or any portion of the individual's social security account number, a duplicate of the material that has all of the individual's social security account number redacted. ``(c) Penalties.--A State or a political subdivision of a State that has a policy or practice of substantial noncompliance with this section shall be subject to a civil penalty imposed by the Attorney General of not more than $5,000 a day for each day of substantial noncompliance. ``(d) Enforcement.--The Attorney General may bring a civil action against a State, a political subdivision of a State, or any officer, employee, or contractor of a State or a political subdivision of a State, in any appropriate United States District Court for appropriate relief with respect to a display to the general public on the Internet of all or any portion of any social security account number in violation of this section. ``(e) Definitions.--In this section: ``(1) Display to the general public on the internet.-- ``(A) In general.--The term `display to the general public on the Internet' means, in connection with all or any portion of a social security account number, to place such number or any portion of such number, in a viewable manner on an Internet site that is available to the general public, including any Internet site that requires a fee for access to information accessible on or through the site. ``(B) Inclusion of certain unprotected transmissions.--In any case in which a State, a political subdivision of a State, or any officer, employee, or contractor of a State or a political subdivision of a State, requires as a condition of doing business transmittal of all, or any part of, an individual's social security account number by means of the Internet without reasonable provisions to ensure that such number is encrypted or otherwise secured from disclosure, any such transmittal of such number shall be treated as a `display to the general public on the Internet' for purposes of this section. ``(2) Social security account number.--The term `social security account number' means the account number assigned to an individual by the Commissioner of Social Security in the exercise of the Commissioner's authority under section 205(c)(2) of the Social Security Act and includes any derivative of such number.''. (b) Clerical Amendment.--The chapter analysis for chapter 88 of title 18, United States Code, is amended by adding at the end the following: ``1802. Prohibition on the display to the general public on the Internet of all or any portion of social security account numbers by State and local governments.''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on the date that is 180 days after the date of enactment of ths Act and shall apply to violations occurring on or after that date. (d) No Retroactive Application.--Nothing in section 1802 of title 18, United States Code, as added by the amendments made by subsections (a) and (b), shall be construed as applying to the placement of all or any portion of a social security account number in a viewable manner on an Internet site that is available to the general public, including any Internet site that requires a fee for access to information accessible on or through the site, by a State, a political subdivision of a State, or any officer, employee, or contractor of a State or a political subdivision of a State, that is done prior to the effective date of such amendments. SEC. 4. GRANTS TO STATE AND LOCAL GOVERNMENTS TO COME INTO COMPLIANCE WITH THE PROHIBITION ON THE DISPLAY TO THE GENERAL PUBLIC ON THE INTERNET OF ALL OR ANY PORTION OF SOCIAL SECURITY ACCOUNT NUMBERS. (a) In General.--The Attorney General shall award grants to States and political subdivisions of States to carry out activities to remove or redact all social security account numbers from forms and records of executive, legislative, and judicial agencies of States and political subdivisions of States that, as of the date of enactment of this Act, have been displayed to the general public on the Internet and would be a violation of section 1802 of title 18, United States Code, (as added by section 3) if that section had been in effect at the time such numbers were first displayed. (b) Application.--A State or political subdivision of a State desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General shall require. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Attorney General to carry out this section, $10,000,000 for each of fiscal years 2008 and 2009. (d) Definition of State.--In this section, the term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and the Commonwealth of the Northern Marianas.

Social Security Number Online Protection Act of 2007 - Amends the federal criminal code to prohibit a state, local government, or any officer, employee, or contractor of a state or local government, from displaying to the general public on the Internet all or any portion of any Social Security account number. Establishes a fine of up to $5,000 a day on any state or local government that has a policy or practice of substantial noncompliance with the requirements of this Act. Authorizes the Attorney General to bring a civil action against a state, local government, or officer, employee, or contractor of such state or local government for appropriate relief for any violation of this Act. Directs the Attorney General to award grants to states and local governments to come into compliance with such prohibition.

A bill to amend title 18, United States Code, to restrict the public display on the Internet of all or any portion of social security account numbers by State and local governments, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Business Checking Modernization Act''. SEC. 2. AMENDMENTS RELATING TO DEMAND DEPOSIT ACCOUNTS AT DEPOSITORY INSTITUTIONS. (a) Interest-Bearing Transaction Accounts Authorized.-- (1) Federal reserve act.--Section 19(i) of the Federal Reserve Act (12 U.S.C. 371a) is amended by inserting at the end the following: ``Notwithstanding any other provision of this section, a member bank may permit the owner of any deposit, any account which is a deposit, or any account on which interest or dividends are paid to make up to 24 transfers per month (or such greater number as the Board may determine by rule or order), for any purpose, to a demand deposit account of the owner in the same institution. Nothing in this subsection shall be construed to prevent an account offered pursuant to this subsection from being considered a transaction account for purposes of this Act.''. (2) Home owners' loan act.-- (A) In general.--Section 5(b)(1) of the Home Owners' Loan Act (12 U.S.C. 1464 (b)(1)) is amended by adding at the end the following new subparagraph: ``(G) Transfers.--Notwithstanding any other provision of this paragraph, a Federal savings association may permit the owner of any deposit or share, any account which is a deposit or share, or any account on which interest or dividends are paid to make up to 24 transfers per month (or such greater number as the Board of Governors of the Federal Reserve System may determine by rule or order under section 19(i) to be permissible for member banks), for any purpose, to a demand deposit account of the owner in the same institution. Nothing in this subsection shall be construed to prevent an account offered pursuant to this subsection from being considered a transaction account (as defined in section 19(b) of the Federal Reserve Act) for purposes of the Federal Reserve Act.''. (B) Repeal.--Effective at the end of the 3-year period beginning on the date of the enactment of this Act, section 5(b)(1) of the Home Owners' Loan Act (12 U.S.C. 1464 (b)(1)) is amended by striking subparagraph (G). (3) Federal deposit insurance act.--Section 18(g) of the Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended by adding at the end the following new paragraph: ``(3) Transfers.--Notwithstanding any other provision of this subsection, an insured nonmember bank or insured State savings association may permit the owner of any deposit or share, any account which is a deposit or share, or any account on which interest or dividends are paid to make up to 24 transfers per month (or such greater number as the Board of Governors of the Federal Reserve System may determine by rule or order under section 19(i) to be permissible for member banks), for any purpose, to a demand deposit account of the owner in the same institution. Nothing in this subsection shall be construed to prevent an account offered pursuant to this subsection from being considered a transaction account (as defined in section 19(b) of the Federal Reserve Act) for purposes of the Federal Reserve Act.''. (b) Repeal of Prohibition on Payment of Interest on Demand Deposits.-- (1) Federal reserve act.--Section 19(i) of the Federal Reserve Act (12 U.S.C. 371a) is amended to read as follows: ``(i) [Repealed]''. (2) Home owners' loan act.--The 1st sentence of section 5(b)(1)(B) of the Home Owners' Loan Act (12 U.S.C. 1464(b)(1)(B)) is amended by striking ``savings association may not--'' and all that follows through ``(ii) permit any'' and inserting ``savings association may not permit any''. (3) Federal deposit insurance act.--Section 18(g) of the Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended to read as follows: ``(g) [Repealed]''. (c) Effective Date.--The amendments made by subsection (b) shall take effect at the end of the 3-year period beginning on the date of the enactment of this Act. SEC. 3. INCREASED FEDERAL RESERVE BOARD FLEXIBILITY IN SETTING RESERVE REQUIREMENTS. Section 19(b)(2) of the Federal Reserve Act (12 U.S.C. 461(b)(2)) is amended-- (1) in clause (i), by striking ``the ratio of 3 per centum'' and inserting ``a ratio not greater than 3 percent''; and (2) in clause (ii), by striking ``and not less than 8 per centum''. Passed the House of Representatives April 11, 2000. Attest: JEFF TRANDAHL, Clerk.

Eliminates the minimum mandatory reserve ratios for depository institutions.

Business Checking Modernization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Andrew Supplemental Appropriations Act for Fiscal Year 1993''. SEC. 2. EMERGENCY SUPPLEMENTAL APPROPRIATIONS. The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to provide emergency supplemental appropriations for fiscal year 1993: DEPARTMENT OF AGRICULTURE Farmers Home Administration rural housing for domestic farm labor For an additional amount for ``Rural housing for domestic farm labor'' for the cost of repair and replacement of uninsured losses resulting from Hurricane Andrew in the southern portion of Dade County, Florida, $30,000,000, to remain available until expended. The Congress hereby designates the entire such amount as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. Such amount shall be available only to the extent of a specific dollar amount for such purpose that is included in an official budget request submitted by the President to the Congress and that is designated as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. DEPARTMENT OF COMMERCE Economic Development Administration economic development assistance programs For an additional amount for ``Economic development assistance programs'' pursuant to the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.), to be used for grants to the State of Florida and local communities in recovering from the consequences of Hurricane Andrew, $20,000,000, to remain available until expended. The Congress hereby designates the entire such amount as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. Such amount shall be available only to the extent of a specific dollar amount for such purpose that is included in an official budget request submitted by the President to the Congress and that is designated as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration alcohol, drug abuse, and mental health For an additional amount for ``Alcohol, drug abuse, and mental health'', $20,300,000, to remain available until expended, of which amount $16,200,000 shall be available for the continuation of post- Hurricane Andrew mental health and substance abuse treatment programs in Dade County, Florida, $2,500,000 shall be available for a comprehensive multidisciplinary drug research, education, and training center in the Homestead, Florida, area to carry out a combined treatment and assessment program during a 3-year period, and $1,600,000 shall be available for residential psychiatric services for children in the Homestead, Florida, area. The Congress hereby designates the entire such amount as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. Such amount shall be available only to the extent of a specific dollar amount for such purpose that is included in an official budget request submitted by the President to the Congress and that is designated as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. DEPARTMENT OF EDUCATION Impact Aid For an additional amount for ``Impact Aid'' for carrying out disaster assistance activities authorized by section 7 of Public Law 81-874 (20 U.S.C. 241-1) with respect to the Dade County, Florida, public schools, $38,000,000, to remain available until expended. The Congress hereby designates the entire such amount as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. Such amount shall be available only to the extent of a specific dollar amount for such purpose that is included in an official budget request submitted by the President to the Congress and that is designated as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. The Secretary may waive or modify any requirement of law or regulation (except requirements relating to civil rights, discrimination, or safety) that the Secretary determines is necessary in order to provide such disaster assistance as efficiently and expeditiously as possible. Any waiver or modification under the preceding sentence with respect to the Rehabilitation Act of 1973 shall be limited to requirements for the matching of Federal funds, maintenance of effort, and the time period for the obligation of Federal funds, and may be made only if the recipient demonstrates to the satisfaction of the Secretary in its written application that such requirements impose a demonstrable barrier to the progress of the recipient in overcoming the effects of Hurricane Andrew. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Housing Programs home investment partnerships program (transfer of funds) For an additional amount for the ``HOME investment partnerships program'' for use only in areas of Florida damaged by Hurricane Andrew, $82,200,000, to remain available until expended, and to be derived by transfer of $62,000,000 from the amount made available by the 1st paragraph under the heading ``Annual contributions for assisted housing'' in Public Law 102-368 (106 Stat. 1157) and by transfer of $20,200,000 from the amount made available by the 2d paragraph under such heading in such Public Law. In administering such funds, the Secretary of Housing and Urban Development may waive any provision of any statute or regulation administered by the Secretary (except requirements relating to fair housing, nondiscrimination, the environment, or labor standards) if the Secretary finds that the waiver is required to facilitate the obligation or use of the funds and is consistent with the general purposes of the HOME Investment Partnerships Act (42 U.S.C. 12721 et seq.). The Secretary of Housing and Urban Development shall not, as a condition of assisting a participating jurisdiction with such funds, require any contribution by or in behalf of such jurisdiction, notwithstanding section 220 of the HOME Investment Partnerships Act (42 U.S.C. 12750). Community Planning and Development community development grants (transfer of funds) For an additional amount for ``Community development grants'' for use only in Dade County, the City of Homestead, and Florida City, Florida, $54,800,000, to remain available until expended, and to be derived by transfer from the amount made available by the 2d paragraph under the heading ``Annual contributions for assisted housing'' in Public Law 102-368 (106 Stat. 1157). In administering such funds, the Secretary of Housing and Urban Development may waive any provision of any statute or regulation administered by the Secretary (except requirements relating to fair housing, nondiscrimination, the environment, or labor standards) if the Secretary finds that the waiver is required to facilitate the obligation or use of the funds and is consistent with the general purposes of title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.).

Hurricane Andrew Supplemental Appropriations Act for Fiscal Year 1993 - Makes emergency supplemental appropriations available to the following entities due to disasters in Florida resulting from Hurricane Andrew: (1) the Farmers Home Administration of the Department of Agriculture; (2) the Economic Development Administration of the Department of Commerce; (3) the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services; (4) the Department of Education; and (5) housing and community development programs of the Department of Housing and Urban Development.

Hurricane Andrew Supplemental Appropriations Act for Fiscal Year 1993

. (a) Establishment of Commission.-- (1) Establishment.--There is established a commission to be known as the ``Pick-Sloan Tribal Commission for Comprehensive Resolution''. (2) Membership.-- (A) In general.--The Commission shall be composed of 7 members, of whom-- (i) 1 shall be the Chairperson of the Commission; (ii) at least 1 shall have expertise in the field of Indian law and policy; (iii) at least 1 shall have expertise in the operation and history of Federal water projects; (iv) 1 shall have expertise in the area of environmental justice; (v) 1 shall be an economist; and (vi) at least 1 shall be an authority in cultural preservation. (B) Tribal membership.--Of the 7 members selected for the Commission, at least 3 shall be members of federally recognized Indian tribes. (C) Selection of commission.-- (i) In general.--The Chairperson and Vice Chairperson of the Committee on Indian Affairs of the Senate and the Chairperson and Ranking Member of the Committee on Natural Resources of the House of Representatives shall-- (I) select the 7 Commission members; and (II) appoint 1 of the members to serve as Chairperson of the Commission. (ii) Recommendations.--The affected Indian tribes may make recommendations to the Chairperson of the Committee on Indian Affairs of the Senate and the Chairperson of the Committee on Natural Resources of the House of Representatives regarding members of the Commission. (D) Deadline for appointment.--All members of the Commission shall be appointed not later than 60 days after the date of enactment of this Act. (3) Term; vacancies.-- (A) Term.--A member shall be appointed for the life of the Commission. (B) Vacancies.--A vacancy on the Commission-- (i) shall not affect the powers of the Commission; and (ii) shall be filled in the same manner as the original appointment was made. (4) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (5) Meetings.--The Commission shall meet at the call of the Chairperson. (6) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (7) Nonapplicability of faca.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (b) Duties.-- (1) In general.--In carrying out this section, the Commission shall consult with the affected Indian tribes. (2) Study.--The Commission shall conduct a study of-- (A) with respect to the period beginning on the date of commencement of the Pick-Sloan Program and ending on the date on which the study is initiated-- (i) the impacts on the affected Indian tribes, directly or indirectly, caused by the Pick-Sloan Program; and (ii) measures implemented by the Federal Government to attempt to address those impacts; (B) other measures that have been proposed to address the impacts on the affected Indian tribes caused by the Pick-Sloan Program; (C) the results of any other studies regarding those impacts and potential solutions to the impacts, including any studies conducted by the Joint Tribal Advisory Committee relating to the Pick-Sloan Program; and (D) comparisons involving other situations in which Federal hydroelectric projects or federally licensed hydroelectric projects have resulted in the taking or occupation of Indian land and the compensation, or other measures, Indian tribes have been or are being provided in those situations. (3) Hearings.-- (A) In general.--In carrying out paragraph (2), the Commission shall hold at least 3 hearings to receive information from Federal agencies, Indian tribes, and other interested parties regarding the resolution of Pick-Sloan Program impacts. (B) Public participation.--A hearing under this paragraph shall be open to the public. (C) Records.--For each hearing under this paragraph, the Commission shall-- (i) compile a record consisting of transcripts, written testimony, studies, and other information presented at the hearing; and (ii) include the record in the report of the Commission required under paragraph (5), as an appendix in electronic format. (4) Comprehensive resolution.-- (A) In general.--Based on the results of the study under paragraph (2), and hearings under paragraph (3), the Commission shall develop a proposal to comprehensively resolve the impacts to the affected Indian tribes resulting from the Pick-Sloan Program. (B) Inclusions.--The proposal under subparagraph (A) shall include-- (i) a comprehensive proposal for a program to provide full and final compensation to the affected Indian tribes; (ii) a description of the measures referred to in paragraph (2) that-- (I) have not been implemented; (II) could be implemented; or (III) should be implemented in a more effective manner; (iii) relevant measures that could be accomplished administratively; (iv) relevant measures that would require legislation to be implemented; and (v) any other measures necessary to comprehensively resolve the impacts of the Pick-Sloan Program on the affected Indian tribes. (5) Report.-- (A) In general.--Subject to subparagraph (B), not later than 18 months after the date on which the first meeting of the Commission takes place, the Commission shall submit to the President and Congress a report that contains-- (i) a detailed statement of the study findings and conclusions of the Commission; and (ii) the proposal of the Commission for such legislation and administrative actions as the Commission considers to be appropriate to resolve the impacts on the affected Indian tribes caused by the Pick-Sloan Program. (B) Extension.--The deadline described in subparagraph (A) may be extended for a period of not more than 180 days if the Commission submits to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a request for the extension that-- (i) is received by the Committees before the deadline described in subparagraph (A); and (ii) includes a description of the reasons why the extension is needed. (6) Website.-- (A) In general.--The Commission shall maintain a website for the period beginning on the date on which the first meeting of the Commission takes place and ending on the date that is 180 days after the date of termination of the Commission. (B) Requirements.--The Commission shall use the website-- (i) to describe the activities of the Commission; (ii) to provide access to information studied by the Commission; (iii) to provide notice of, and make available all information presented at, hearings of the Commission; and (iv) to post the report (including all appendices to that report) of the Commission required under paragraph (5). (C) Archiving of website content.--At the time at which the website of the Commission is terminated, all content on the website shall be-- (i) collected on compact disk, digital video disk, or other appropriate digital media; and (ii) included in the report to be submitted under paragraph (5). (c) Powers.-- (1) Hearings.--The Commission may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Commission considers to be advisable to carry out this Act. (2) Information from federal agencies.-- (A) In general.--The Commission may secure directly from a Federal agency such information as the Commission considers to be necessary to carry out this Act. (B) Provision of information.--On request of the Chairperson of the Commission, the head of an applicable Federal agency shall provide the information to the Commission. (3) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (4) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (d) Commission Personnel Matters.-- (1) Compensation of members.--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 under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. (2) Travel expenses.--Each member of the Commission 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. (3) Staff.-- (A) In general.--The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. (B) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by the Commission. (C) Compensation.-- (i) In general.--Except as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (ii) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level IV of the Executive Schedule under section 5316 of title 5, United States Code. (D) Detail of federal government employees.-- (i) In general.--An employee of the Federal Government may be detailed to serve as staff for the Commission without reimbursement. (ii) Civil service status.--The detail of the employee shall be without interruption or loss of civil service status or privilege. (4) Human resources support.--The Commission may request the Secretary of Defense to provide, and the Secretary of Defense shall provide, through human resource departments under the jurisdiction of the Secretary of Defense, on a reimbursable basis, operational support for activities of the Commission. (5) Contract authority.--The Commission may, to such extent and using such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge the duties of the Commission under this Act. (6) Volunteer services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use such voluntary and uncompensated services as the Commission determines to be necessary. (7) Procurement of temporary and intermittent services.-- The Chairperson of the Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that 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 that title. (e) Termination of Commission.--The Commission shall terminate 90 days after the date on which the Commission submits the report of the Commission under subsection (b)(5). SEC. 5. FUNDING. (a) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act for each of fiscal years 2010 and 2011, to remain available until expended. (b) Transfer of Funds in Lieu of Appropriation.-- (1) In general.--For any fiscal year, or at any time during a fiscal year, in which insufficient amounts are available to fund activities of the Commission, the Secretary of the Interior or the Secretary of the Army may transfer to the Commission such unobligated amounts as are available to the Secretary of the Interior or the Secretary of the Army for use by the Commission in carrying out this Act. (2) Availability.--Amounts transferred to the Commission under paragraph (1) shall remain available until the earlier of-- (A) the date of termination of the Commission; or (B) the date on which amounts that are sufficient to carry out this Act are made available. SEC. 6. SAVINGS CLAUSE. Nothing in this Act diminishes, changes, or otherwise affects-- (1) the water rights of the affected Indian tribes; (2) any other right (including treaty rights) of the affected Indian tribes; (3) the status of Indian reservation land or the boundaries of any reservation of an Indian tribe; or (4) any Congressional authorization of appropriations for the benefit of the affected Indian tribes.

Pick-Sloan Tribal Commission Act of 2010 - Establishes the Pick-Sloan Tribal Commission for Comprehensive Resolution to consult with Indian tribes affected by the Pick-Sloan Program and to conduct a study of: (1) the impacts of the Program on the affected Indian tribes and the federal government measures attempting to address those impacts; (2) other proposed measures addressing the impacts of the Program on such Indian tribes; (3) the results of any other studies regarding those impacts and potential solutions, including any related studies conducted by the Joint Tribal Advisory Committee; and (4) comparisons involving other situations in which federal hydroelectric projects or federally licensed hydroelectric projects have resulted in the taking or occupation of Indian land and the compensation or other measures Indian tribes have been or are being provided in those situations. Requires the Commission to: (1) maintain an information website beginning on the date of its first meeting; (2) hold at least three hearings; (3) develop a proposal that comprehensively resolves the Program's impacts on, and provides for full and final compensation to, the affected Indian tribes; and (4) issue a report.

To establish a commission to conduct a study and provide recommendations on a comprehensive resolution of impacts caused to certain Indian tribes by the Pick-Sloan Program.

Section 1. Opportunity To Repurchase Surplus Real Property.-- Section 203 of the Federal and Administrative Services Act of 1949 (40 U.S.C. 484) is amended by adding at the end the following new subsection: ``(r) Opportunity of Native Americans To Repurchase Surplus Real Property.-- ``(1) Definitions.--As used in this subsection-- ``(A) Administrator.--The term `administrator' means the Administrator of the General Services Administration. ``(B) Base closure law.--The term `base closure law' means-- ``(i) title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note); ``(ii) the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note); ``(iii) the Defense Base Closure and Realignment Act of 1993 (title XXIX of Public Law 103-160; 10 U.S.C. 2687 note); ``(iv) part B of title XXVIII of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 2687 note); ``(v) the Base Closure Community Redevelopment and Homeless Assistance Act of 1994 (Public Law 103-421); and ``(vi) any other law providing for the disposition of real property in connection with military base closures or realignments or the use of proceeds resulting from such disposition of real property. ``(C) Depreciated value.--The term `depreciated value' means, with respect to a building, the replacement cost of the building, reduced by all forms of depreciation. ``(D) Native american trust organization.--The term `Native American Trust Organization' means an organization that has held land in trust for the benefit of Native Americans, as defined in section 16(10) of the National Museum of the American Indian Act (20 U.S.C. 80q-14(10)). ``(E) Notice of intent to repurchase.--The term `notice of intent to repurchase' means a written notice from a Native American Trust Organization to the Administrator that such Native American Trust Organization intends to repurchase all or part of qualified property at its fair market value on terms provided in regulations promulgated under this subsection. ``(F) Qualified property.--The term `qualified property' means all or any part of surplus property-- ``(i) that was acquired by the Federal Government from a Native American Trust Organization by any means; and ``(ii) that is real property located in the State of Hawaii. ``(G) Trust fund.--The term `trust fund' means the Shared Appreciation Trust Fund established pursuant to paragraph (5). ``(2) Notice.--Notwithstanding any other provision of this section, the first section of the Act entitled `An Act to provide for the disposition, control, and use of surplus real property acquired by Federal agencies, and for other purposes,' approved August 27, 1935 (popularly known as the `Surplus Real Property Disposal Act') (49 Stat. 885, chapter 744; 40 U.S.C. 304a) or any base closure law, no qualified property shall be disposed of under any other provision of this section or the first section of the Act popularly known as the `Surplus Real Property Disposal Act' or any base closure law if, not later than 90 days after the date on which such real property is determined to be surplus property-- ``(A) a Native American Trust Organization has notified the Administrator that the United States acquired such property from such Native American Trust Organization; and ``(B) such Native American Trust Organization has submitted to the Administrator a notice of intent to repurchase all or part of the qualified property at the fair market value of such qualified property. ``(3) Listed properties.-- ``(A) In general.--Any Native American Trust Organization may submit to the Administrator a list of properties which were acquired from such Native American Trust Organization by the United States and which become qualified properties if such properties. ``(B) Notice.--The Administrator shall provide written notice to the applicable Native American Trust Organization of any determination by the Administrator that any qualified property acquired from the Native American Trust Organization is surplus property. Not later than 90 days after receiving such notice, the Native American Trust Organization may submit to the Administrator a notice of intent to repurchase with respect to such qualified property. ``(4) Disposal of qualified properties.-- ``(A) Sale to native american trust organization.-- If a Native American Trust Organization submits a timely notice of intent to repurchase qualified property pursuant to paragraph (2) or (3), the United States shall offer to enter into a contract with the Native American Trust Organization for the sale and purchase of such qualified property in accordance with regulations promulgated under this subsection. ``(B) Disposal of qualified property under other provisions.--If, with respect to any qualified property, the applicable Native American Trust Organization fails to-- ``(i) submit a timely notice of intent to repurchase; ``(ii) enter into a contract for sale or purchase as described in subparagraph (A); or ``(iii) tender performance at closing under a contract for sale or purchase, the Administrator may dispose of such qualified property in accordance with other applicable provisions of this section or any applicable base closure law. ``(5) Establishment of shared appreciation trust fund.-- There is authorized to be established in the Treasury of the United States a trust fund, to be known as the `Shared Appreciation Trust Fund'. The trust fund shall consist of such amounts as are transferred to the trust fund pursuant to paragraph (6) and any interest earned on the investment of amounts in the trust fund under paragraph (7). ``(6) Deposits in trust fund.-- ``(A) In general.--Notwithstanding section 204, any base closure law, or any other law providing for the transfer, deposit or use of proceeds from the disposition of property, the Secretary of the Treasury shall transfer to the trust fund, from the proceeds received by the United States from the sale of qualified property, an amount equal to the difference between-- ``(i) the proceeds received by the United States from the sale of such qualified property, and ``(ii) the sum of-- ``(I) the amount paid by the United States as consideration for the acquisition of such qualified property; ``(II) the interest on the amount of such consideration calculated in accordance with subparagraph (B); and ``(III) the aggregate depreciated value of all buildings that were constructed on such qualified property after the date such property was acquired by the United States. ``(B) Determination of interest.--The interest referred to in subparagraph (A)(ii)(b) shall be considered to have accrued on the amount paid by the United States as consideration for the acquisition of qualified property during each year at a rate which is equal to the average annual yield of all Treasury bonds issued during such year. Such interest shall be compounded annually. ``(7) Investment of trust fund.--The Secretary of the Treasury shall invest the trust fund corpus in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. ``(8) Withdrawals and expenditures from trust fund.--The Secretary of the Treasury may not make a withdrawal or expenditure from the trust fund corpus. The Secretary of the Treasury shall withdraw income of the trust fund only for the uses described in paragraph (9). ``(9) Use of trust fund income.--The Secretary of the Treasury shall on at least an annual basis, withdraw income of the trust fund to fund activities which are-- ``(A) conducted for-- ``(i) the education of Native Hawaiian pursuant to title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 4901, et seq.); ``(ii) Native Hawaiian health scholarships pursuant to section 338K of the Public Health Service Act (42 U.S.C. 254s); ``(iii) Native Hawaiian health care pursuant to the Native Hawaiian Health Care Improvement Act of 1988 (42 U.S.C. 11601, et seq.); or ``(iv) any combination of subparagraphs (i), (ii) or (iii); and ``(B) consistent with the purposes of the establishment of the Native American Trust Organization which owned the property to which the trust funds generating the income are attributable.'' ``(10) Exemption of qualified property from certain laws.-- No real property which would become qualified property if it were declared to be surplus property shall be published as available for application for use to assist the homeless or otherwise made available to assist the homeless pursuant to the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411, et seq.) or shall be disposed of pursuant to any base closure law unless such real property has become eligible to be disposed of pursuant to subparagraph 4(B).''.

Amends the Federal and Administrative Services Act of 1949 to authorize Native American Trust Organizations to repurchase surplus Federal real property that was acquired from an Organization or is located in Hawaii. Authorizes the establishment in the Treasury of a related Shared Appreciation Trust Fund.

A bill to provide for the repurchase of land acquired by the United States from Native American organizations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Free and Independent Cuba Assistance Act of 1993''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The economy of Cuba has experienced a decline of approximately 45 percent in the last 3 years, on account of the end of its subsidization by the former Soviet Union, the extreme decline in trade between Cuba and the countries of the former Soviet Bloc, and the policy of the Russian Government and the countries of the former Soviet Bloc to conduct economic relations with Cuba on strictly commercial terms. (2) At the same time, the welfare and health of the Cuban people has substantially deteriorated, and continues to deteriorate, as a result of this economic decline and the refusal of the Castro regime to adopt any economic or political reforms that would lead to democracy, a market economy, or an economic recovery. (3) As long as no such economic or political reforms are adopted by the Cuban Government, the economic condition of the country and the welfare of the Cuban people will not improve in any significant way. (4) The Castro regime has made it abundantly clear that it will not engage in any substantive economic or political reforms that would lead to democracy, a market economy, or an economic recovery. SEC. 3. POLICY TOWARD A TRANSITION GOVERNMENT AND A DEMOCRATIC GOVERNMENT IN CUBA. It is the policy of the United States-- (1) to support the self-determination of the Cuban people; (2) to recognize that the self-determination of the Cuban people is a sovereign and national right of the citizens of Cuba which must be exercised free of interference by the government of any other country; (3) to encourage the Cuban people to empower themselves with a government which reflects the self-determination of the Cuban people; (4) to recognize the potential for a difficult transition from the current regime in Cuba that may result from the initiatives taken by the Cuban people for self-determination in response to the intransigence of the Castro regime in not allowing any substantive political or economic reforms, and to be prepared to provide the Cuban people with humanitarian, developmental, and other economic assistance; (5) in solidarity with the Cuban people, to provide emergency relief assistance to a transition government in Cuba, and long term assistance to a democratic government in Cuba, governments that result from an expression of the self- determination of the Cuban people; (6) that such assistance is intended to facilitate a peaceful transition to democracy in Cuba and the consolidation of democracy in Cuba; (7) that such assistance be delivered to the Cuban people through a transition government in Cuba, through a democratic government in Cuba, or through United States, international, or indigenous nongovernmental organizations; (8) to encourage other countries to provide similar assistance, and work cooperatively with such countries to coordinate such assistance; (9) to ensure that emergency relief is rapidly implemented and distributed to the people of Cuba upon the institution of a transition government in Cuba; (10) not to provide favorable treatment or influence on behalf of any individual or entity in the promotion of the choice by the Cuban people of their future government; (11) to assist a transition government in Cuba and a democratic government in Cuba to prepare the Cuban military forces for a new role in a democracy; (12) to be prepared to enter into negotiations with a democratic government in Cuba either to return the United States Naval Base at Guantanamo to Cuba or to renegotiate the present agreement under mutually agreeable terms; (13) to lift the economic embargo on Cuba when the President determines that there exists a democratic government in Cuba; and (14) to assist a democratic government in Cuba to strengthen and stabilize its national currency. SEC. 4. AUTHORIZATION OF ASSISTANCE TO THE CUBAN PEOPLE. (a) Plan for Assistance.-- (1) Development of plan.--The President shall develop a plan for providing, at such time as the President determines that a transition government in Cuba is in power, economic assistance to the people of Cuba while such government, and a democratic government in Cuba, are in power. (2) Types of assistance.--Assistance under the plan developed under paragraph (1) shall include the following: (A) Assistance under the plan to a transition government in Cuba shall be limited to-- (i) such food, medicine, medical supplies and equipment, and assistance to meet emergency energy needs, as is necessary to meet the basic human needs of the Cuban people; and (ii) assistance described in subparagraph (C). (B) Assistance under the plan to a democratic government in Cuba shall consist of additional economic assistance and assistance described in subparagraph (C). Such economic assistance may include-- (i) assistance under chapter 1 of part I (relating to development assistance), and chapter 4 of part II (relating to the economic support fund), of the Foreign Assistance Act of 1961; (ii) assistance under the Agricultural Trade Development and Assistance Act of 1954; (iii) financing, guarantees, and other forms of assistance provided by the Export- Import Bank of the United States; (iv) financial support provided by the Overseas Private Investment Corporation for investment projects in Cuba; (v) assistance provided by the Trade and Development Agency; (vi) Peace Corps programs; (vii) relief of Cuba's external debt; and (viii) other appropriate assistance to carry out the purposes of this Act. (C) Assistance under the plan to a transition government in Cuba and to a democratic government in Cuba shall also include assistance in preparing the Cuban military forces to adjust to a new role in a democracy and civilian life, which may include assistance for housing, educational, and training programs. (b) Strategy for Distribution.--The plan developed under subsection (a) shall include a strategy for distributing assistance under the plan. (c) Distribution.--The plan developed under subsection (a) shall authorize assistance under the plan to be provided through United States, international, and indigenous nongovernmental organizations and private voluntary organizations, including humanitarian, educational, and labor organizations. (d) International Efforts.--The President shall take the necessary steps to obtain the agreement of other countries and of international financial institutions to provide to a transition government in Cuba, and to a democratic government in Cuba, assistance comparable to that provided by the United States under this Act, and to work with such countries and institutions to coordinate all such assistance programs. (e) Caribbean Basin Initiative.--The President shall determine, as part of the assistance plan developed under subsection (a), whether or not to designate Cuba as a beneficiary country under section 212 of the Caribbean Basin Economic Recovery Act. (f) Trade Agreements.--Upon the enactment of legislation implementing a free trade agreement between the United States and any other country or countries (except Cuba) in the Western Hemisphere, the President-- (1) shall take the necessary steps to enter into a framework agreement with a transition government in Cuba providing for trade with and investment in Cuba; and (2) may thereafter enter into negotiations with a democratic government in Cuba to conclude a free trade agreement between the United States and Cuba. (g) Communication With the Cuban People.--The President shall take the necessary steps to communicate to the Cuban people the plan for assistance developed under this section. (h) Report to Congress.--The President shall transmit to the Congress, not later than 180 days after the date of the enactment of this Act, a report describing in detail the plan developed under this section. SEC. 5. COORDINATION OF ASSISTANCE PROGRAM; IMPLEMENTATION AND REPORTS TO CONGRESS; REPROGRAMMING. (a) Coordinating Official.--The Assistant Secretary of State for Inter-American Affairs shall be responsible for-- (1) implementing the strategy for distributing assistance under the plan developed under section 4(a); (2) ensuring the speedy and efficient distribution of such assistance; and (3) ensuring coordination among, and appropriate oversight by, the agencies of the United States that provide assistance under the plan, including resolving any disputes among such agencies. (b) Implementation of Plan; Reports to Congress.-- (1) Implementation with respect to transition government.-- Upon making a determination that a transition government in Cuba is in power, the President shall transmit that determination to the Congress and shall commence the delivery and distribution of assistance to such transition government under the plan developed under section 4(a). (2) Reports to congress.--Not later than 15 days after making the determination referred to in paragraph (1), and not later 90 days after making that determination, the President shall transmit to the Congress a report setting forth the strategy for providing assistance described in section 4(a)(2)(A) and (C) to the transition government in Cuba under the plan of assistance developed under section 4(a), the types of such assistance, and the extent to which such assistance has been distributed in accordance with the plan. (3) Implementation with respect to democratic government.-- The President shall, upon determining that a democratic government in Cuba is in power, submit that determination to the Congress and shall commence the delivery and distribution of assistance to such democratic government under the plan developed under section 4(a). (4) Annual reports to congress.--Not later than 60 days after the end of each fiscal year, the President shall transmit to the Congress a report on the assistance provided under the plan developed under section 4(a), including a description of each type of assistance, the amounts expended for such assistance, and a description of the assistance to be provided under the plan in the current fiscal year. (c) Reprogramming.--Any changes in the assistance to be provided under the plan developed under section 4(a) may not be made unless the President notifies the Congress at least 15 days in advance in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961. (d) Effect on other laws.--Assistance may be provided under the plan developed under section 4(a) notwithstanding any other provision of law. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the President such sums as may be necessary to carry out this Act. SEC. 7. TERMINATION OF EMBARGO. Upon submitting a determination to the Congress under section 5(b)(3) that a democratic government in Cuba is in power, the President shall terminate the embargo on trade with Cuba. SEC. 8. REQUIREMENTS FOR TRANSITION GOVERNMENT. For purposes of this Act, a transition government in Cuba is a government in Cuba which-- (1) is demonstrably in transition from communist totalitarian dictatorship to democracy; (2) makes public commitments to and is making demonstrable progress in-- (A) releasing all political prisoners and allowing for investigations of Cuban prisons by appropriate international human rights organizations; (B) establishing an independent judiciary; (C) respecting internationally recognized human rights and basic freedoms in accordance with the Universal Declaration of Human Rights, to which Cuba is a signatory nation; (D) dissolving the present Department of State Security in the Cuban Ministry of the Interior, including but not limited to, the Committees for the Defense of the Revolution and the Rapid Response Brigades; (E) organizing free and fair elections for a new government-- (i) to be held within 1 year after the transition government assumes power; (ii) with the participation of multiple independent political parties that have full access to the media on an equal basis, including (in the case of radio, television, or other telecommunications media) in terms of allotments of time for such access and the times of day such allotments are given; and (iii) to be conducted under the supervision of internationally recognized observers, such as the United Nations, the Organization of American States, and other elections monitors; (F) granting permits to privately owned indigenous telecommunications companies to operate in Cuba; and (G) allowing the establishment of an independent labor movement and of independent social, economic, and political associations; (3) does not include Fidel Castro or Raul Castro, or any person appointed by either such individual in a position of authority; and (4) allows the speedy and efficient distribution of assistance to the Cuban people. SEC. 9. REQUIREMENTS FOR DEMOCRATIC GOVERNMENT. For purposes of this Act, a democratic government in Cuba is a government in Cuba which-- (1) results from free and fair elections conducted under internationally recognized observers; (2) has permitted opposition parties ample time to organize and campaign for such elections, and has permitted full access to the media to all candidates in the elections; (3) is showing respect for the basic civil liberties and human rights of the citizens of Cuba; (4) has made demonstrable progress in establishing an independent judiciary; (5) is moving toward establishing a market-oriented economic system; and (6) has made or is committed to making constitutional changes that would ensure regular free and fair elections that meet the requirements of paragraph (2). SEC. 10. AMENDMENT TO CARIBBEAN BASIN ECONOMIC RECOVERY ACT. The table contained in section 212(b) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(b)) is amended by inserting ``Cuba'' between ``Costa Rica'' and ``Dominica''.

Free and Independent Cuba Assistance Act of 1993 - Requires the President, at such time as a transition government is in power in Cuba, to develop a plan for providing economic assistance to the Cuban people while such government and a democratic government are in power. Limits such assistance to humanitarian assistance while a transition government is in power. Expands such assistance to include development and agricultural assistance and export financing (as well as other specified assistance) when a democratic government is in power. Requires the President to take steps to obtain the agreement of other countries and international financial institutions to provide comparable assistance to Cuba. Directs the President to determine whether to designate Cuba as a beneficiary country pursuant to the Caribbean Basin Economic Recovery Act. Requires the President, upon enactment of legislation implementing a free trade agreement between the United States and another country in the Western Hemisphere, to: (1) take steps to enter into a framework agreement with the transition government in Cuba providing for trade and investment in Cuba; and (2) enter into negotiations with a democratic government in Cuba to conclude a free trade agreement. Directs the President to communicate the plan for assistance to the Cuban people. Authorizes appropriations. Requires the President to terminate the trade embargo on Cuba upon submitting a determination that a democratic government is in power in Cuba to the Congress. Sets forth conditions under which a government in Cuba will be considered transitional or democratic.

Free and Independent Cuba Assistance Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Youth Opioid Use Treatment Help Act of 2016'' or the ``YOUTH Act''. SEC. 2. REAUTHORIZATION OF SUBSTANCE ABUSE TREATMENT SERVICES FOR CHILDREN AND ADOLESCENTS. (a) In General.--Section 514 of the Public Health Service Act (42 U.S.C. 290bb-7) is amended-- (1) by striking ``abuse'' and inserting ``use'' each place it appears; (2) by striking ``children and adolescents'' and inserting ``children, adolescents, and young adults'' each place it appears; and (3) in subsection (f), by striking ``for fiscal years 2002 and 2003'' and inserting ``for each of fiscal years 2017 through 2022''. (b) Technical Correction.--Section 514 of the Public Health Service Act (42 U.S.C. 290bb-9), as added by section 3632 of the Methamphetamine Anti-Proliferation Act of 2000 (Public Law 106-310; 114 Stat. 1236), is redesignated as section 514B. SEC. 3. ACCESS TO MEDICATION-ASSISTED TREATMENT FOR ADOLESCENTS AND YOUNG ADULTS DEMONSTRATION PROGRAM. (a) In General.--The Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality (in this section referred to as the ``Director''), shall award grants to eligible entities to establish demonstration programs to-- (1) expand access to medication-assisted treatment for opioid use disorders among adolescents and young adults; (2) identify and test solutions to overcoming barriers to implementation of medication-assisted treatment for adolescents and young adults; or (3) create and distribute for pediatric health care providers resources on medication-assisted treatment training and implementation. (b) Eligible Entities.--To be eligible to receive a grant under subsection (a), an entity shall-- (1) be a State, political subdivision of a State, Indian tribe, tribal organization, professional pediatric provider organization, professional addiction medicine provider, hospital, an institution of higher education, or other appropriate public or nonprofit institution; and (2) certify that it is in compliance with all applicable registration and licensing requirements. (c) Application.--To seek a grant under this section, an entity shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. (d) Duration.--An eligible entity may receive funds under this section to carry out a demonstration program described in this section for a period of not greater than 3 years. After the first year for which funding is provided to an eligible entity for a demonstration program, funding may be provided under this section for a subsequent year for such program only upon review of such program by the Director and approval by the Director of such subsequent year of funding. (e) Reports.-- (1) By grant recipients.--Each eligible entity awarded a grant under this section for a demonstration program shall submit to the Director progress reports on such demonstration program at such times, in such manner, and containing such information as the Director may require. (2) By director.--Not later than one year after the date on which all demonstration programs funded under this section have been completed, the Director shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives a report that-- (A) describes the availability of medication- assisted treatment for adolescents and young adults with opioid use disorders in the United States, including barriers to such treatment; (B) describes the specific demonstration programs carried out pursuant to this section; (C) evaluates the effectiveness of such programs; (D) evaluates any unintended consequences of such programs; and (E) provides recommendations for ensuring that medication-assisted treatment is accessible to adolescents and young adults with opioid use disorders. (f) Definitions.--In this section: (1) The phrase ``adolescents and young adults'' means individuals who have attained 10 years of age and not yet attained 26 years of age. (2) The term ``medication-assisted treatment'' means pharmacological treatments approved by the Food and Drug Administration, in combination with counseling and behavioral therapies. (3) The term ``opioid use disorder'' means a substance use disorder that is a problematic pattern of opioid use leading to clinically significant impairment or distress occurring within a 12-month period. (4) The term ``pediatric health care provider'' means a provider of health care to individuals who have attained 10 years of age and not yet attained 26 years of age. (5) The term ``professional pediatric provider organization'' means a national organization whose members consist primarily of pediatric health care providers. (g) Authorization of Appropriations.--There is authorized to be appropriated $5,000,000 to carry out this section. SEC. 4. GAO STUDY AND REPORT ON PROGRAMS AND RESEARCH RELATIVE TO SUBSTANCE USE AND SUBSTANCE USE DISORDERS AMONG ADOLESCENTS AND YOUNG ADULTS. (a) Study.--The Comptroller General of the United States shall conduct a study on how Federal agencies are addressing prevention of, treatment for, and recovery from substance use by and substance use disorders among adolescents and young adults. Such study shall include an analysis of each of the following: (1) The research that has been, and is being, conducted or supported by the Federal Government on prevention of, treatment for, and recovery from substance use by and substance use disorders among adolescents and young adults, including an assessment of-- (A) such research relative to any unique circumstances (including social and biological circumstances) of adolescents and young adults that may make adolescent-specific and young adult-specific treatment protocols necessary, including any effects that substance use and substance use disorders may have on brain development and the implications for treatment and recovery; and (B) areas of such research in which greater investment or focus is necessary relative to other areas of such research. (2) The Federal non-research programs and activities that address prevention of, treatment for, and recovery from substance use by and substance use disorders among adolescents and young adults, including an assessment of the effectiveness of such programs and activities in preventing substance use by and substance use disorders among adolescents and young adults, treating such adolescents and young adults in a way that accounts for any unique circumstances faced by adolescents and young adults, and supports long-term recovery among adolescents and young adults. (3) Gaps that have been identified by Federal officials and experts in Federal efforts relating to prevention of, treatment for, and recovery from substance use by and substance use disorders among adolescents and young adults, including gaps in research, data collection, and measures to evaluate the effectiveness of Federal efforts, and the reasons for such gaps. (b) Report.--Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of the Congress a report containing the results of the study conducted under subsection (a), including-- (1) a summary of the findings of the study; and (2) recommendations based on the results of the study, including recommendations for such areas of research and legislative and administrative action as the Comptroller General determines appropriate.

Youth Opioid Use Treatment Help Act of 2016 or the YOUTH Act This bill amends the Public Health Service Act to revise and reauthorize through FY2022 grants for substance abuse treatment services for children and adolescents. The grant program is expanded to cover young adults. The Agency for Healthcare Research and Quality (AHRQ) must award grants for demonstration programs to: (1) expand access to medication-assisted treatment for opioid use disorders among adolescents and young adults, or (2) create and distribute for pediatric health care providers resources on medication-assisted treatment training and implementation. AHRQ must report on the demonstration programs and the availability of medication-assisted treatment for adolescents and young adults. The report must include recommendations for ensuring such treatment is accessible. The Government Accountability Office must study how federal agencies are addressing substance use and substance use disorders among adolescents and young adults.

YOUTH Act

SECTION 1. SCHEDULING COMMITTEES, DISCUSSIONS, AND AGREEMENTS. (a) In General.--Chapter 401 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 40129. Air carrier discussions and agreements relating to flight scheduling ``(a) Discussions To Reduce Delays.-- ``(1) Request.--An air carrier may file with the Secretary of Transportation a request for authority to discuss with one or more other air carriers or foreign air carriers agreements or cooperative arrangements relating to limiting flights at an airport during a time period that the Secretary determines that scheduled air transportation exceeds the capacity of the airport. The purpose of the discussion shall be to reduce delays at the airport during such time period. ``(2) Approval.--The Secretary shall approve a request filed under this subsection if the Secretary finds that the discussions requested will facilitate voluntary adjustments in air carrier schedules that could lead to a substantial reduction in travel delays and improvement of air transportation service to the public. The Secretary may impose such terms and conditions to an approval under this subsection as the Secretary determines are necessary to protect the public interest and to carry out the objectives of this subsection. ``(3) Notice.--Before a discussion may be held under this subsection, the Secretary shall provide at least 3 days notice of the proposed discussion to all air carriers and foreign air carriers that are providing service to the airport that will be the subject of such discussion. ``(4) Monitoring.--The Secretary or a representative of the Secretary shall attend and monitor any discussion or other effort to enter into an agreement or cooperative arrangement under this subsection. ``(5) Discussions open to public.--A discussion held under this subsection shall be open to the public. ``(b) Agreements.-- ``(1) Request.--An air carrier may file with the Secretary a request for approval of an agreement or cooperative arrangement relating to interstate air transportation, and any modification of such an agreement or arrangement, reached as a result of a discussion held under subsection (a). ``(2) Approval.--The Secretary shall approve an agreement, arrangement, or modification for which a request is filed under this subsection if the Secretary finds that the agreement, arrangement, or modification is not adverse to the public interest and is necessary to reduce air travel delays and that a substantial reduction in such delays cannot be achieved by any other immediately available means. ``(3) Secretarial imposed terms and conditions.--The Secretary may impose such terms and conditions on an agreement, arrangement, or modification for which a request is filed under this subsection as the Secretary determines are necessary to protect the public interest and air service to an airport that has less than .25 percent of the total annual boardings in the United States. ``(c) Limitations.-- ``(1) Rates, fares, charges, and in-flight services.--The participants in a discussion approved under subsection (a) may not discuss or enter into an agreement or cooperative arrangement regarding rates, fares, charges, or in-flight services. ``(2) City pairs.--The participants in a discussion approved under subsection (a) may not discuss particular city pairs or submit to another air carrier or foreign air carrier information concerning their proposed service or schedules in a fashion that indicates the city pairs involved. ``(d) Termination.--This section shall cease to be in effect after September 30, 2003; except that an agreement, cooperative arrangement, or modification approved by the Secretary in accordance with this section may continue in effect after such date at the discretion of the Secretary.''. (b) Conforming Amendment.--The analysis for such chapter is amended by adding at the end the following: ``40129. Air carrier discussions and agreements relating to flight scheduling.''. SEC. 2. LIMITED EXEMPTION FROM ANTITRUST LAWS. Section 41308 of title 49, United States Code, is amended-- (1) in subsection (b) by striking ``41309'' and inserting ``40129, 41309,''; and (2) in subsection (c)-- (A) by inserting ``40129 or'' before ``41309'' the first place it appears; and (B) by striking ``41309(b)(1),'' and inserting ``40129(b) or ``41309(b)(1), as the case may be,''. SECTION 1. AIR CARRIER DISCUSSIONS RELATING TO FLIGHT SCHEDULING TO REDUCE DELAYS. (a) Request.--An air carrier may file with the Attorney General a request for authority to discuss with one or more other air carriers or foreign air carriers agreements or cooperative arrangements relating to limiting flights at an airport during a time period that the Attorney General determines that scheduled air transportation exceeds the capacity of the airport. The purpose of the discussion shall be to reduce delays at the airport during such time period. (b) Approval.--Notwithstanding the antitrust laws, the Attorney General shall approve a request filed under this section if the Attorney General finds that the discussions requested will facilitate voluntary adjustments in air carrier schedules that could lead to a substantial reduction in travel delays and improvement of air transportation service to the public and will not substantially lessen competition or tend to create a monopoly. The Attorney General may impose such terms and conditions to an approval under this section as the Attorney General determines are necessary to protect the public interest and to carry out the objectives of this section. (c) Notice.--Before a discussion may be held under this section, the Attorney General shall provide at least 3 days notice of the proposed discussion to all air carriers and foreign air carriers that are providing service or seeking to provide service to the airport that will be the subject of such discussion. (d) Monitoring.--The Attorney General or a representative of the Attorney General shall attend and monitor any discussion or other effort to enter into an agreement or cooperative arrangement under this section. (e) Discussions Open to Public.--A discussion held under this section shall be open to the public. SEC. 2. AIR CARRIER AGREEMENTS RELATING TO FLIGHT SCHEDULING. (a) Request.--An air carrier may file with the Attorney General a request for approval of an agreement or cooperative arrangement relating to interstate air transportation, and any modification of such an agreement or arrangement, reached as a result of a discussion held under section 1. (b) Approval.--Notwithstanding the antitrust laws, and subject to subsection (c), the Attorney General shall approve an agreement, arrangement, or modification for which a request is filed under this section if the Attorney General finds that the agreement, arrangement, or modification is not adverse to the public interest, is necessary to reduce air travel delays, and will not substantially lessen competition or tend to create a monopoly and that a substantial reduction in such delays cannot be achieved by any other immediately available means. (c) Unanimous Agreement Among Carriers Required.--The Attorney General may approve an agreement, arrangement, or modification for which a request is filed under this section only if the Attorney General finds that each air carrier and foreign air carrier providing service or seeking to provide service to the airport that is the subject of the agreement, arrangement, or modification has agreed to the agreement, arrangement, or modification. (d) Terms and Conditions.--The Attorney General may impose such terms and conditions on an agreement, arrangement, or modification for which a request is filed under this section as the Attorney General determines are necessary to protect the public interest and air service to an airport that has less than .25 percent of the total annual boardings in the United States. SEC. 3. LIMITATIONS. (a) Rates, Fares, Charges, and In-Flight Services.--The participants in a discussion approved under section 1 may not discuss or enter into an agreement or cooperative arrangement regarding rates, fares, charges, or in-flight services. (b) City Pairs.--The participants in a discussion approved under section 1 may not discuss particular city pairs or submit to another air carrier or foreign air carrier information concerning their proposed service or schedules in a fashion that indicates the city pairs involved. SEC. 4. CONSULTATION WITH SECRETARY OF TRANSPORTATION. In making a determination whether to approve a request under section 1, or an agreement, arrangement, or modification under section 2, the Attorney General shall consider any comments of the Secretary of Transportation. SEC. 5. DEFINITIONS. In this Act, the following definitions apply: (1) Air carrier, airport, air transportation, foreign air carrier, and interstate air transportation.--The terms ``air carrier'', ``airport'', ``air transportation'', ``foreign air carrier'', and ``interstate air transportation'' have the meanings such terms have under section 40102 of title 49, United States Code. (2) Antitrust laws.--The term ``antitrust laws'' has the meaning such term has under section 41308(a) of title 49, United States Code. SEC. 6. TERMINATION. (a) Approval of Agreements.--The Attorney General may not approve an agreement, arrangement, or modification under section 2 after October 26, 2003. (b) Expiration of Agreements.--An agreement, arrangement, or modification approved by the Attorney General under section 2 may continue in effect until October 26, 2004, or an earlier date determined by the Attorney General. Amend the title so as to read: ``A bill to permit air carriers to meet and discuss their schedules in order to reduce flight delays, and for other purposes.''.

Amends Federal aviation law to authorize an air carrier to file with the Attorney General a request for: (1) authority to discuss with one or more other air carriers or foreign air carriers agreements or cooperative arrangements limiting flights at an airport during a time period when scheduled air transportation exceeds airport capacity; and (2) approval of such agreements or cooperative arrangements with respect to such limits on interstate air transportation. Directs the Attorney General, notwithstanding U.S. antitrust laws, to approve such requests if: (1) such discussions and resulting agreements are not adverse to the public interest; (2) they will facilitate voluntary adjustments in air carrier schedules that could lead to a substantial reduction in travel delays and improvement of air transportation service to the public; (3) they will not substantially lessen competition or tend to create a monopoly; and (4) reduction in delays cannot be achieved by any other immediately available means. Authorizes the Attorney General to: (1) approve such agreements and cooperative arrangements only if each air carrier or foreign air carrier providing service or seeking to provide service to an airport under such an agreement or cooperative arrangement has agreed to it; and (2) impose any terms or conditions on any approved agreement that are needed to protect the public interest and to protect air service to an airport that has less than .25 percent of the total annual boardings in the United States (non-hub and small hub airports). Prohibits participants in approved discussions from: (1) discussing or entering into agreements regarding rates, fares, charges, or in-flight services; or (2) discussing particular city pairs, or submitting to other air carriers or foreign air carriers information on their proposed service or schedules in a fashion that indicates the involvement of city pairs.

To amend title 49, United States Code, to permit air carriers to meet and discuss their schedules in order to reduce flight delays, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Workforce Development Tax Credit Act of 2013''. SEC. 2. CREDIT FOR WAGES PAID TO EMPLOYEES PARTICIPATING IN QUALIFIED APPRENTICESHIP PROGRAMS. (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 new section: ``SEC. 45S. WAGES PAID TO EMPLOYEES PARTICIPATING IN QUALIFIED APPRENTICESHIP PROGRAMS. ``(a) In General.--For purposes of section 38, the apprenticeship credit determined under this section for the taxable year is the sum of-- ``(1) the apprenticeship period credit, and ``(2) the post-apprenticeship credit. ``(b) Apprenticeship Period Credit.--For purposes of subsection (a)-- ``(1) In general.--The apprenticeship period credit for the taxable year is 50 percent of the wages paid for services rendered during the taxable year to each apprenticeship employee but only if such wages are paid for services rendered during a qualified training year of such employee (whether or not such employee is an employee of the taxpayer as of the close of such taxable year). ``(2) Limitation on wages per year taken into account.--The amount of wages which may be taken into account under paragraph (1) with respect to any apprenticeship employee for each qualified training year shall not exceed $2,000. ``(c) Post-Apprenticeship Credit.--For purposes of subsection (a)-- ``(1) In general.--The post-apprenticeship credit for the taxable year is 40 percent of the wages paid for services rendered during the taxable year and the preceding taxable year to each employee who has successfully completed a qualified training program of the employer, but only if such wages are paid by such employer for services rendered during the 2-year period which begins on the day after the employee's completion of such program. ``(2) Limitation on wages per year taken into account.--The amount of wages which may be taken into account under paragraph (1) for a taxable year with respect to any apprenticeship employee shall not exceed $6,000. ``(d) Definitions.--For purposes of this section-- ``(1) Wages.--The term `wages' has the meaning given to such term by section 51(c), determined without regard to paragraph (4) thereof. ``(2) Apprenticeship employee.--The term `apprenticeship employee' means any employee who is employed by the employer pursuant to an apprentice agreement registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor. ``(3) Qualified training year.-- ``(A) In general.--The term `qualified training year' means each year during the training period in which-- ``(i) the employee is employed by the employer for at least 25 hours per week during 28 consecutive weeks of such year, and ``(ii) the employee completes at least 8 credit hours of classroom work under a qualified training program for each semester of such program ending during such year. ``(B) Qualified training program.--The term `qualified training program' means any training program undertaken pursuant to the agreement referred to in paragraph (2). ``(C) Training period.--The term `training period' means, with respect to an employee, the period-- ``(i) beginning on the date that the employee begins employment with the taxpayer as an apprentice under a qualified training program, and ``(ii) ending on the earlier of-- ``(I) the date that such apprenticeship with the employer ends, or ``(II) the date which is 4 years after the date referred to in clause (i). ``(e) Coordination With Other Credits.--The amount of credit otherwise allowable under sections 45A, 51(a), and 1396(a) with respect to any employee shall be reduced by the credit allowed by this section with respect to such employee. ``(f) Certain Rules To Apply.--Rules similar to the rules of subsections (i)(1) and (k) of section 51 shall apply for purposes of this section.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the apprenticeship credit determined under section 45S(a).''. (c) Denial of Double Benefit.--Subsection (a) of section 280C of such Code is amended by inserting ``45S(a),'' after ``45P(a),''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Wages paid to employees participating in qualified apprenticeship programs.''. (e) Effective Date.--The amendments made by this section shall apply to individuals commencing apprenticeship programs after the date of the enactment of this Act.

Workforce Development Tax Credit Act of 2013 - Amends the Internal Revenue Code to allow a business-related tax credit for: (1) 50% of wages (up to $2,000) paid to an apprenticeship employee during an apprenticeship period, and (2) 40% of wages (up to $6,000) paid to such an employee during a post-apprenticeship period. Defines "apprenticeship employee" as any employee employed by an employer pursuant to an apprentice agreement registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor.

Workforce Development Tax Credit Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Native Survivors of Sexual Violence Act''. SEC. 2. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC, DATING, OR SEXUAL VIOLENCE, SEX TRAFFICKING, OR STALKING. Section 204 of Public Law 90-284 (25 U.S.C. 1304) (commonly known as the ``Indian Civil Rights Act of 1968'') is amended-- (1) in the section heading, by striking ``domestic violence'' and inserting ``domestic, dating, or sexual violence, sex trafficking, or stalking''; (2) in subsection (a)-- (A) in paragraph (1), by striking ``means violence'' and inserting ``includes any felony or misdemeanor violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that is''; (B) in paragraph (2)-- (i) by striking ``means violence'' and inserting ``includes any felony or misdemeanor violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that is''; and (ii) by striking ``an Indian tribe that has jurisdiction over the Indian country where the violence occurs'' and inserting ``that Indian tribe''; (C) in paragraph (4), by striking ``domestic violence'' and inserting ``tribal''; (D) by redesignating paragraphs (6) and (7) as paragraphs (9) and (10), respectively; (E) by inserting after paragraph (5) the following: ``(6) Related conduct.--The term `related conduct' means conduct alleged to have been committed by a defendant that-- ``(A) is a violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the underlying offense occurred; and ``(B) occurs in connection with the exercise of special tribal criminal jurisdiction by that Indian tribe. ``(7) Sex trafficking.-- ``(A) In general.--The term `sex trafficking' means conduct-- ``(i) consisting of-- ``(I) recruiting, enticing, harboring, transporting, providing, obtaining, advertising, maintaining, patronizing, or soliciting by any means a person; or ``(II) benefiting, financially or by receiving anything of value, from participation in a venture that has engaged in an act described in subclause (I); and ``(ii) carried out with the knowledge, or, except where the act constituting the violation of clause (i) is advertising, in reckless disregard of the fact, that-- ``(I) means of force, threats of force, fraud, coercion, or any combination of such means will be used to cause the person to engage in a commercial sex act; or ``(II) the person has not attained the age of 18 years and will be caused to engage in a commercial sex act. ``(B) Definitions.--In this paragraph, the terms `coercion' and `commercial sex act' have the meanings given the terms in section 1591(e) of title 18, United States Code. ``(8) Sexual violence.--The term `sexual violence' means any nonconsensual sexual act or contact proscribed by Federal, tribal, or State law, including in any case in which the victim lacks the capacity to consent to the act.''; (F) in paragraph (9) (as redesignated by subparagraph (D))-- (i) in the paragraph heading, by striking ``domestic violence'' and inserting ``tribal''; and (ii) by striking ``domestic violence'' and inserting ``tribal''; and (G) by adding at the end the following: ``(11) Stalking.--The term `stalking' means engaging in a course of conduct directed at a specific person that would cause a reasonable person-- ``(A) to fear for his or her safety or the safety of others; or ``(B) to suffer substantial emotional distress.''; (3) in subsection (b)-- (A) by striking ``domestic violence'' each place the term appears and inserting ``tribal''; and (B) in paragraph (4)-- (i) by striking subparagraph (B); (ii) by striking the paragraph designation and heading and all that follows through ``A participating'' in clause (i) of subparagraph (A) and inserting the following: ``(4) Exception for non-indian victim and defendant.-- ``(A) In general.--A participating''; and (iii) by striking ``(ii) Definition of victim.--In this subparagraph'' and inserting the following: ``(B) Definition of victim.--In this paragraph''; (4) in subsection (c)-- (A) in the matter preceding paragraph (1), by striking ``domestic violence'' and inserting ``tribal''; (B) in paragraph (1)-- (i) in the paragraph heading, by striking ``violence and dating'' and inserting ``, dating, and sexual''; and (ii) by striking ``or dating violence'' and inserting ``, dating violence, or sexual violence''; and (C) by adding at the end the following: ``(3) Stalking.--An act of stalking that occurs in the Indian country of the participating tribe. ``(4) Sex trafficking.--An act of sex trafficking that occurs in the Indian country of the participating tribe. ``(5) Related conduct.--An act of related conduct that occurs in the Indian country of the participating tribe.''; (5) in subsection (d), by striking ``domestic violence'' each place the term appears and inserting ``tribal''; and (6) in subsection (f)-- (A) by striking ``special domestic violence'' each place the term appears and inserting ``special tribal''; (B) in paragraph (2), by striking ``prosecutes'' and all that follows through the semicolon at the end and inserting the following: ``prosecutes-- ``(A) a crime of domestic violence; ``(B) a crime of dating violence; ``(C) a crime of sexual violence; ``(D) a criminal violation of a protection order; ``(E) a crime of stalking; ``(F) a crime of sex trafficking; or ``(G) a crime of related conduct;''; and (C) in paragraph (4), by inserting ``sexual violence, stalking, sex trafficking,'' after ``dating violence,''.

Justice for Native Survivors of Sexual Violence ActThis bill amends the Indian Civil Rights Act of 1968 to revise provisions regarding tribal jurisdiction over crimes of domestic violence, including to expand tribal criminal jurisdiction to include sex trafficking, sexual violence, stalking, and related conduct.

Justice for Native Survivors of Sexual Violence Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Preservation Matching Grant Act of 2003''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) more than 55,300 affordable housing dwelling units in the United States have been lost through termination of low income affordability requirements, which usually involves the prepayment of the outstanding principal balance under the mortgage on the project in which such units are located; (2) more than 265,000 affordable housing dwelling units in the United States are currently at risk of prepayment; (3) the loss of the privately owned, federally assisted affordable housing, which is occurring during a period when rents for unassisted housing are increasing and few units of additional affordable housing are being developed, will cause unacceptable harm on current tenants of affordable housing and will precipitate a national crisis in the supply of housing for low-income households; (4) the demand for affordable housing far exceeds the supply of such housing, as evidenced by studies in 1998 that found that-- (A) 5,300,000 households (one-seventh of all renters in the Nation) have worst-case housing needs; and (B) the number of families with at least one full- time worker and having worst-case housing needs increased from 1991 to 1995 by 265,000 (24 percent) to almost 1,400,000; (5) the shortage of affordable housing in the United States reached a record high in 1995, when the number of low-income households exceeded the number of low-cost rental dwelling units by 4,400,000; (6) between 1990 and 1995, the shortage of affordable housing in the United States increased by 1,000,000 dwelling units, as the supply of low-cost units decreased by 100,000 and the number of low-income renter households increased by 900,000; (7) there are nearly 2 low-income renters in the United States for every low-cost rental dwelling unit; (8) 2 of every 3 low-income renters receive no housing assistance and about 2,000,000 low-income households remain on waiting lists for affordable housing; (9) the shortage of affordable housing dwelling units results in low-income households that are not able to acquire low-cost rental units paying large proportions of their incomes for rent; and (10) in 1995, 82 percent of low-income renter households were paying more than 30 percent of their incomes for rent and utilities. (b) Purpose.--It is the purpose of this Act-- (1) to promote the preservation of affordable housing units by providing matching grants to States that have developed and funded programs for the preservation of privately owned housing that is affordable to low-income families and persons and was produced for such purpose with Federal assistance; (2) to minimize the involuntary displacement of tenants who are currently residing in such housing, many of whom are elderly or disabled persons; and (3) to continue the partnerships among the Federal Government, State and local governments, and the private sector in operating and assisting housing that is affordable to low- income Americans. SEC. 3. AUTHORITY. The Secretary of Housing and Urban Development shall, to the extent amounts are made available pursuant to section 11, make grants under this Act to States for low-income housing preservation. SEC. 4. USE OF GRANTS. (a) In General.--Amounts from grants under this Act may be used only for assistance for acquisition, preservation incentives, operating costs, and capital expenditures for a housing project that meets the requirements under subsection (b), (c), or (d). (b) Projects With Hud-Insured Mortgages.--A project meets the requirements under this subsection only if-- (1) the project is financed by a loan or mortgage that is-- (A) insured or held by the Secretary under section 221(d)(3) of the National Housing Act and receiving loan management assistance under section 8 of the United States Housing Act of 1937 due to a conversion from section 101 of the Housing and Urban Development Act of 1965; (B) insured or held by the Secretary and bears interest at a rate determined under the proviso of section 221(d)(5) of the National Housing Act; (C) insured, assisted, or held by the Secretary or a State or State agency under section 236 of the National Housing Act; or (D) held by the Secretary and formerly insured under a program referred to in subparagraph (A), (B), or (C); (2) the project is subject to an unconditional waiver of, with respect to the mortgage referred to in paragraph (1)-- (A) all rights to any prepayment of the mortgage; and (B) all rights to any voluntary termination of the mortgage insurance contract for the mortgage; and (3) the owner of the project has entered into binding commitments (applicable to any subsequent owner) to extend all low-income affordability restrictions for the project, including any such restrictions imposed because of any contract for project-based assistance for the project. (c) Projects With Section 8 Project-Based Assistance.--A project meets the requirements under this subsection only if-- (1) the project is subject to a contract for project-based assistance; and (2) the owner of the project has entered into binding commitments (applicable to any subsequent owner) to extend such assistance for the maximum period allowable under law (subject to the availability of amounts for such purpose) and to extend any low-income affordability restrictions applicable to the project in connection with such assistance. (d) Projects Purchased by Residents.--A project meets the requirements under this subsection only if the project-- (1) is or was eligible low-income housing (as such term is defined in section 229 of the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (42 U.S.C. 4119); and (2) has been purchased by a resident council for the housing or is approved by the Secretary for such purchase, for conversion to homeownership housing under a resident homeownership program meeting the requirements under section 226 of such Act (12 U.S.C. 4116). (e) Combination of Assistance.--Notwithstanding subsection (a), any project that is otherwise eligible for assistance with grant amounts provided under this Act because the project meets the requirements under subsection (b) or (c) and that also meets the requirements under paragraph (1) of the other of such subsections, shall be eligible for such assistance only if the project complies with all of the requirements under such other subsection. SEC. 5. GRANT AMOUNT LIMITATION. The Secretary shall limit the portion of the aggregate amount of grants under this Act made available for any fiscal year that may be provided to a single State based upon the proportion of such State's need (as determined by the Secretary) for such assistance to the aggregate need among all States approved for such assistance for such fiscal year. SEC. 6. MATCHING REQUIREMENT. (a) In General.--The Secretary may not make a grant under this Act to any State for any fiscal year in an amount that exceeds twice the amount that the State certifies, as the Secretary shall require, that the State will contribute for such fiscal year, or has contributed since January 1, 2003, from non-Federal sources for the purposes under section 4(a). (b) Treatment of Previous Contributions.--Any portion of amounts contributed after January 1, 2003, that are counted for purposes of meeting the requirement under subsection (a) for a fiscal year may not be counted for such purposes for any subsequent fiscal year. (c) Treatment of Tax Credits.--Tax credits provided under section 42 of the internal revenue code of 1986 and proceeds from the sale of tax-exempt bonds by any State or local government entity shall not be considered non-Federal sources for purposes of this section SEC. 7. TREATMENT OF SUBSIDY LAYERING REQUIREMENTS. Neither section 6 nor any other provision of this Act may be construed to prevent the use of tax credits provided under section 42 of the Internal Revenue Code of 1986 in connection with housing assisted with grant amounts provided under this Act, to the extent that such use is in accordance with section 102(d) of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545(d)) and section 911 of the Housing and Community Development Act of 1992 (42 U.S.C. 3545 note). SEC. 8. APPLICATIONS. The Secretary shall provide for States (through appropriate State agencies) to submit applications for grants under this Act. The Secretary shall require the applications to contain any information and certifications necessary for the Secretary to determine whether the State is eligible to receive such a grant. SEC. 9. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Low-income affordability restrictions.--The term ``low- income affordability restrictions'' means, with respect to a housing project, any limitations imposed by regulation or regulatory agreement on rents for tenants of the project, rent contributions for tenants of the project, or income-eligibility for occupancy in the project. (2) Project-based assistance.--The term ``project-based assistance'' has the meaning given such term in section 16(c) of the United States Housing Act of 1937 (42 U.S.C. 1437n(c)), except that such term includes assistance under any successor programs to the programs referred to in such section. (3) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (4) State.--The term ``State'' means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States. SEC. 10. REGULATIONS. The Secretary may issue any regulations necessary to carry out this Act. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for grants under this title such sums as necessary for each of fiscal years 2003, 2004, 2005, 2006, and 2007.

Housing Preservation Matching Grant Act of 2003 - Authorizes the Secretary of Housing and Urban Development to make matching grants to States (including the District of Columbia and U.S. commonwealths, territories, and possessions) for low-income housing preservation.Sets forth requirements for projects: (1) with Department of Housing and Urban Development-insured mortgages; (2) with section 8 assistance; or (3) purchased by the residents.

To authorize the Secretary of Housing and Urban Development to make grants to States to supplement State assistance for the preservation of affordable housing for low-income families.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers Insurance Relief Act of 2014''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) When servicemembers move from one State to another they are required to go through a burdensome process of changing their auto insurance policies. (2) The Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) allows the men and women serving in the United States Armed Forces to keep a stable domicile with respect to auto licensing and fees even if they are forced to move temporarily in compliance with military orders. (3) The Federal Insurance Office of the U.S. Department of the Treasury, in its report of December 12, 2013, on how to modernize and improve the system of insurance regulation in the United States, found that ``an individual on active duty can transfer credit cards, checking accounts, and other financial services simply by submitting a change of address form. By contrast, an individual moving from one state to another may be required to obtain a new auto insurance policy on each transfer''. Furthermore the report called on interested parties ``to identify a more accommodating approach for service members who have personal auto policies and are required to move across state lines''. (4) Relief should be provided with respect to auto insurance policies for servicemembers and their families that are required to move in compliance with any temporary duty or permanent change of station order. (b) Purpose.--The purpose of this Act is to reduce the burdens and increase the protections involved in changing auto insurance policies for servicemembers and their families who are required to move in compliance with a temporary duty or permanent change of station order. SEC. 3. MAINTENANCE OF DOMICILE FOR INSURANCE PURPOSES. (a) In General.--A member of a household of a servicemember shall neither lose nor acquire a residence or domicile for purposes of insuring a motor vehicle used primarily for personal, family, or household use if-- (1) in the case of a member of the household who is a servicemember, such servicemember has temporarily moved to comply with any temporary duty or permanent change of station order; or (2) in the case of any other member of the household, such member has temporarily moved to accompany a servicemember of such household who is complying with any temporary duty or permanent change of station order. (b) Notice.-- (1) Requirement.--If a member of a household of a servicemember notifies an insurer of a motor vehicle of such member of a move referred to in subsection (a), such insurer shall provide such member with a servicemembers insurance choice notice under paragraph (2). (2) Servicemembers insurance choice notice.--The Director of the Federal Insurance Office of the Department of the Treasury shall promulgate, in compliance with the rulemaking requirements of subchapter II of chapter 5 of title 5, United States Code (commonly known as the Administrative Procedure Act)-- (A) a standard servicemembers insurance choice notice that shall-- (i) summarize clearly and in plain language the right of servicemembers and members of their households, in addition to options available under current law, to continue an existing auto insurance policy as allowed by the insurer with appropriate adjustments that relate only to location risk factors; (ii) include language notifying the servicemember that the insurer to whom the servicemember provided the notice of a move shall explain the coverage options available to the servicemember as a result of the move; and (iii) include standard language that requires no alterations or additions for an insurer providing the notice to be fully in compliance with paragraph (1); and (B) standards regarding methods for transmittal of such notice to a member of a household of a servicemember that are sufficient to comply with paragraph (1). (3) Safe harbor.--Paragraph (1) may not be construed to impose any duty on an insurer who is notified of a move referred to in subsection (a) to determine whether the person providing such notice is a servicemember. (c) Limitations.--Nothing in this section shall be construed to-- (1) require a person to maintain an existing auto insurance policy; (2) allow an insurer to impose any penalties against a member of a household of a servicemember based solely on a decision to maintain or not maintain an existing auto insurance policy, as allowed by the insurer with appropriate adjustments that relate only to location risk factors; or (3) require an insurer to continue providing coverage to such a member. (d) Preemption.--The provisions of this Act shall supersede any and all State or local laws that conflict with this Act, including-- (1) any State or local law that requires a member of a household of a servicemember to change the auto insurance policy of such member; (2) any State or local law that seeks to assert control over the regulation of such policy other than by the State in which the auto insurance policy was issued or renewed; and (3) any State or local law regarding proof of insurance that prohibits the electronic delivery of insurance documents. (e) Liability Limits.--Notwithstanding subsection (d)(2), the minimum security requirements for motor vehicles of the State where a servicemember resides shall apply to an auto insurance policy of a member of such servicemember's household. (f) Enforcement.--Authority to examine and enforce insurer compliance with the provisions of this Act shall be held by the State in which the auto insurance policy was issued or renewed. SEC. 4. DEFINITIONS. In this Act: (a) Member of a Household.--The term ``member of a household'' means, with respect to a servicemember-- (1) the servicemember; (2) the spouse of the servicemember; or (3) any dependent residing with the servicemember or the spouse of the servicemember. (b) Motor Vehicle.--The term ``motor vehicle'' has the meaning given the term in section 30102(a)(6) of title 49, United States Code. (c) Servicemember.--The term ``servicemember'' means a member of the uniformed services, as such term is defined in section 101(a) of title 10, United States Code, or of the National Guard or the reserve components thereof. (d) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (e) Temporarily Moved.--The term ``temporarily moved'' means, with respect to a person, that the person has moved from one State to another but has not decided to reside indefinitely in the State to which such person moved.

Servicemembers Insurance Relief Act of 2014 - Declares that a member of a servicemember's household neither loses nor acquires a residence or domicile for purposes of insuring a motor vehicle primarily for personal, family, or household use if: (1) the servicemember has temporarily moved to comply with any temporary duty or permanent change of station order, or (2) the member of the household has temporarily moved to accompany a servicemember who is complying with such an order. Defines: (1) "servicemember" as a member of the uniformed services, the National Guard, or reserve components; and (2) "member of a household" as the servicemember, the spouse of a servicemember, or any dependent residing with such a servicemember or a servicemember's spouse. Requires insurers to provide a member of a servicemember's household with a servicemembers insurance choice notice if a household member notifies the insurer of such a move. Directs the Federal Insurance Office of the Department of the Treasury to promulgate a standard servicemembers insurance choice notice that: (1) summarizes the right of servicemembers and members of their households, in addition to options available under current law, to continue an existing auto insurance policy as allowed by the insurer with appropriate adjustments that relate only to location risk factors; (2) notifies the servicemember that the insurer will explain the coverage options available to the servicemember as a result of the move; and (3) requires no alterations or additions for an insurer to be in compliance with such notification requirements. Prohibits this Act from requiring an insurer to continue providing coverage to such a member. Provides enforcement authority to the states in which the relevant auto insurance policy was issued or renewed.

Servicemembers Insurance Relief Act of 2014

SECTION 1. EXCEPTION FROM PROVISIONS REQUIRING REDUCTION IN ADDITIONAL OPTIONAL LIFE INSURANCE. (a) In General.--Subsection (c) of section 8714b of title 5, United States Code, is amended by adding at the end the following: ``(3)(A) The amount of additional optional insurance continued under paragraph (2) shall be continued, without any reduction under the last two sentences thereof, if-- ``(i) at the time of retirement, there is in effect a designation under section 8705 under which the entire amount of such insurance would be paid to an individual who is permanently disabled; and ``(ii) an election under subsection (d)(3) on behalf of such individual is made in timely fashion. ``(B) Notwithstanding subparagraph (A), any reduction required under paragraph (2) shall be made if-- ``(i) the additional optional insurance is not in fact paid in accordance with the designation under section 8705, as in effect at the time of retirement; ``(ii) the Office finds that adequate arrangements have not been made to ensure that the insurance provided under this section will be used only for the care and support of the individual so designated; or ``(iii) the election referred to in subparagraph (A)(ii) terminates at any time before the death of the individual who made such election. ``(C) For purposes of this paragraph, the term `permanently disabled' shall have the meaning given such term under regulations which the Office shall prescribe based on subparagraphs (A) and (C) of section 1614(a)(3) of the Social Security Act, except that, in applying subparagraph (A) of such section for purposes of this subparagraph, `which can be expected to last permanently' shall be substituted for `which has lasted or can be expected to last for a continuous period of not less than twelve months'.''. (b) Continued Withholdings.--Subsection (d) of such section 8714b is amended by adding at the end the following: ``(3)(A) To be eligible for unreduced additional optional insurance under subsection (c)(3), the insured individual shall be required to elect, at such time and in such manner as the Office by regulation requires (including procedures for demonstrating compliance with the requirements of subsection (c)(3)), to have the full cost thereof continue to be withheld from the former employee's annuity or compensation, as the case may be, beginning as of when such withholdings would otherwise cease under the second sentence of paragraph (1). ``(B) An election made by an insured individual under subparagraph (A) (and withholdings pursuant thereto) shall terminate in the event that-- ``(i) the insured individual-- ``(I) revokes such election; or ``(II) makes any redesignation or other change in the designation under section 8705 (as in effect at the time of retirement); or ``(ii) the Office finds, upon the application of the insured individual or on its own initiative, that any of the requirements or conditions for unreduced additional optional insurance under subsection (c)(3) are, at any time, no longer met.''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall take effect on the date of the enactment of this Act. (2) Election for certain individuals not otherwise eligible.--The Office of Personnel Management shall prescribe regulations under which an election under section 8714b(d)(3)(A) of title 5, United States Code (as amended by this Act) may be made, within 1 year after the date of the enactment of this Act, by any individual not otherwise eligible to make such an election, but only if such individual-- (A) separated from service on or after the first day of the 50-month period ending on the date of enactment of this Act; and (B) would have been so eligible had the amendments made by this Act (and implementing regulations) been in effect as of the individual's separation date (or, if earlier, the last day for making such an election based on that separation). (3) Withholdings.-- (A) Prospective effect.--If an individual makes an election under paragraph (2), withholdings under section 8714b(d)(3)(A) of such title 5 shall thereafter be made from such individual's annuity or compensation, as the case may be. (B) Earlier amounts.--If, pursuant to such election, benefits are in fact paid in accordance with section 8714b(c)(3) of such title 5 upon the death of the insured individual, an appropriate reduction (computed under regulations prescribed by the Office) shall be made in such benefits to reflect the withholdings that-- (i) were not made (before the commencement of withholdings under subparagraph (A)) by reason of the cessation of withholdings under the second sentence of section 8714b(d)(1) of such title; but (ii) would have been made had the amendments made by this Act (and implementing regulations) been in effect as of the time described in paragraph (2)(B). (4) Notice.--The Office shall, by publication in the Federal Register and such other methods as it considers appropriate, notify current and former Federal employees as to the enactment of this Act and any benefits for which they might be eligible pursuant thereto. Included as part of such notification shall be a brief description of the procedures for making an election under paragraph (2) and any other information that the Office considers appropriate.

Amends Federal civil service law to permit a retired Federal employee over age 65 to continue additional optional life insurance coverage when the beneficiary is permanently disabled. Requires such retiree to pay the entire premium for such insurance through withholdings from the retiree's annuity or compensation.

To amend chapter 87 of title 5, United States Code, to provide that the reduction in additional optional life insurance for Federal retirees shall not apply if the beneficiary is permanently disabled.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mercury-Free Vaccines Act of 2005''. SEC. 2. FINDINGS. The Congress finds as follows: (1) In July 1999, the Public Health Service and the American Academy of Pediatrics issued a joint statement, which was later endorsed by the American Academy of Family Physicians, proclaiming: ``[The] Public Health Service, the American Academy of Pediatrics, and vaccine manufacturers agree that thimerosal-containing vaccines should be removed as soon as possible. Similar conclusions were reached this year in a meeting attended by European regulatory agencies, the European vaccine manufacturers, and the US FDA which examined the use of thimerosal-containing vaccines produced or sold in European countries.''. (2) In July 2000, the Public Health Service, the Advisory Commission on Immunization Practices, the American Academy of Pediatrics, and the American Academy of Family Physicians issued a joint statement, providing: ``The AAFP, [the] AAP, and the PHS in consultation with the ACIP reaffirm the goal set in July 1999 to remove or greatly reduce thimerosal from vaccines as soon as possible for the following reasons: 1) the removal or substantial reduction of thimerosal from vaccines is feasible, 2) the progress in removal which has been made to date is substantial, 3) the discussions between the Food and Drug Administration and the vaccine manufacturers in removing thimerosal are ongoing, and 4) the public concern about the use of mercury of any sort remains high. Based on information from the FDA and manufacturers, the PHS projects that the United States will complete its transition to a secure routine pediatric vaccine supply free of thimerosal as a preservative (i.e. at least two vaccine products each for Hep B, Hib, and DTaP) by the first quarter of 2001.''. (3) The Institute of Medicine's Immunization Review Committee concluded that significant reasons existed for continued public health attention to concerns about thimerosal exposure and neurodevelopmental disorders and recommended the removal of thimerosal from vaccines administered to children and pregnant women. (4) Federal regulatory agencies and manufacturers have taken positive steps to remove thimerosal from some medical products, most notably routinely administered childhood vaccines. (5) Considerable progress has been made in reducing mercury exposures from childhood vaccines, yet 5 years after the July 1999 statement, thimerosal remains in several nonroutinely administered childhood vaccines and many pediatric and adult influenza vaccines. (6) There is no law or regulation to prohibit the reintroduction of thimerosal into any products from which it has been removed, leaving open the possibility that it may be reintroduced at some point in the future in new vaccines or vaccines from which it has already been removed. (7) The Environmental Protection Agency has estimated that as many as 1 in 6 infants are born with a blood mercury level that exceeds the Agency's safety threshold. (8) Cumulative exposures to mercury, a neurotoxin, are known to cause harm, particularly in young children and pregnant women. (9) Taking steps to reduce mercury exposures through vaccines is an important way to reduce direct exposures to mercury and mercury compounds. SEC. 3. BANNED MERCURY-CONTAINING VACCINES. (a) Prohibition.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351) is amended by adding at the end the following: ``(j) If it is a banned mercury-containing vaccine under section 351B of the Public Health Service Act.''. (b) Amendment to PHSA.--Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by inserting after section 351A the following: ``SEC. 351B. BANNED MERCURY-CONTAINING VACCINES. ``(a) In General.--For purposes of section 501(j) of the Federal Food, Drug, and Cosmetic Act, and subject to subsection (b), a vaccine is a banned mercury-containing vaccine under this section if 1 dose of the vaccine contains 1 or more micrograms of mercury in any form. ``(b) Public Health Emergency Exception.-- ``(1) Exception.--Subsection (j) of section 501 of the Federal Food, Drug, and Cosmetic Act shall not apply to a vaccine during the effective period of a declaration issued by the Secretary for such vaccine under this subsection. ``(2) Declaration.--The Secretary may issue a declaration concluding that an actual or potential bioterrorist incident or other actual or potential public health emergency makes advisable the administration of a vaccine described in subsection (a) notwithstanding the mercury content of such vaccine. ``(3) Limitation.--The Secretary-- ``(A) shall specify in any declaration under this section the beginning and ending dates of the effective period of the declaration; and ``(B) may not specify any such effective period that exceeds 12 months. ``(4) Renewals.--At the end of the effective period of any declaration under this section, the Secretary, subject to paragraph (3), may issue another declaration for the same incident or public health emergency. ``(5) Publication.--The Secretary shall promptly publish each declaration under this section in the Federal Register. ``(c) Effective Dates.--This section applies only to the introduction, or delivery for introduction, of a banned mercury- containing vaccine into interstate commerce on or after the earlier of the following: ``(1) July 1, 2006, if the vaccine is listed in the January-June 2005 version of the recommended childhood and adolescent immunization schedule of the Centers for Disease Control and Prevention (other than an influenza vaccine). ``(2) January 1, 2009.''. SEC. 4. RESTRICTIONS ON ADMINISTRATION OF MERCURY-CONTAINING INFLUENZA VACCINES TO CHILDREN AND PREGNANT WOMEN. (a) Application.--This section applies only to a vaccine that-- (1) is a banned mercury-containing vaccine (as that term is defined in section 351B(a) of the Public Health Service Act (as amended by section 3)); (2) is an influenza vaccine; and (3) is manufactured for use in the 2006-2007 influenza season or any subsequent period. (b) Restrictions on Administration of Vaccine to Children.--Any approval by the Secretary of Health and Human Services of a biologics license under section 351 of the Public Health Service Act (42 U.S.C. 262) for any vaccine described in subsection (a) shall provide that such vaccine is being approved as a biological product subject to subpart H of part 314 of title 21, Code of Federal Regulations (or any successor regulations). Under such subpart H, the Secretary shall establish the following restrictions on the distribution of the vaccine: (1) Effective July 1, 2006, the vaccine shall not be administered to any child under the age of 3 years old. (2) Effective July 1, 2006, if the vaccine contains thimerosal, the vaccine shall not be administered to any pregnant woman. (3) Effective July 1, 2007, the vaccine shall not be administered to any child under the age of 6 years old. (c) Transitional Provision.--In the case of a biologics license under section 351 of the Public Health Service Act (42 U.S.C. 262) that was approved before the date of the enactment of this Act for a vaccine described in subsection (a)-- (1) at the request of the holder of the license, the Secretary shall modify the license to include the restrictions described in subsection (b); or (2) if the holder of the license fails to submit such a request, the Secretary shall revoke the license as applied to vaccines manufactured for use in the 2006-2007 influenza season or any subsequent period. (d) Public Health Emergency Exception.--This section shall not apply to a vaccine during the effective period of a declaration issued by the Secretary for such vaccine under section 351B(b) of the Public Health Service Act (as amended by section 3). SEC. 5. INFORMATION ON MERCURY CONTENT. Section 2126 of the Public Health Service Act (42 U.S.C. 300aa-26) is amended by adding at the end the following: ``(e) Mercury Content.--Not later than 2 months after the date of the enactment of this subsection, the Secretary shall revise the vaccine information materials developed and disseminated under this section to ensure that, in the case of any vaccine described in subsection (a) that contains mercury, the materials include-- ``(1) a statement indicating the presence of mercury in the vaccine; ``(2) information on the availability of any mercury-free or mercury-reduced alternative vaccine and instructions on how to obtain such alternative vaccine; and ``(3) a recommendation against administration of any mercury-containing vaccine to a pregnant woman.''. SEC. 6. SENSE OF CONGRESS. It is the sense of the Congress that the Director of the Centers for Disease Control and Prevention should include, in any information disseminated by the Centers to the public or to health care providers relating to the administration of vaccines, a recommendation against administration of any thimerosal-containing vaccine to a pregnant woman. SEC. 7. REPORT TO CONGRESS. Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Commissioner of Food and Drugs shall submit a report to the Congress annually on the progress of the Commissioner in removing mercury from vaccines.

Mercury-Free Vaccines Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act to deem a banned mercury-containing vaccine to be adulterated. Amends the Public Health Service Act to provide that a vaccine is a banned mercury-containing vaccine if one dose of the vaccine contains 1 or more micrograms of mercury in any form. Authorizes the Secretary of Health and Human Services to declare that an actual or potential bioterrorist incident or other public health emergency makes the administration of such vaccines advisable for a specified period. Requires the Secretary to prohibit the distribution of banned mercury-containing influenza vaccines that are approved as biological products to: (1) any child under the age of three years old (effective July 1, 2006); (2) pregnant women if the vaccine contains thimerosal (effective July 1, 2006); and (3) any child under the age of six (effective July 1, 2007). Requires the Secretary to revise the vaccine information included with mercury-containing vaccines to include: (1) a statement that indicates the presence of mercury in the vaccine; (2) information on the availability of any mercury-free or mercury-reduced alternative vaccine and instructions on how to obtain such an alternative vaccine; and (3) a recommendation against administration of any mercury-containing vaccine to a pregnant woman. Expresses the sense of Congress that the Centers for Disease Control and Prevention (CDC) should disseminate, with any vaccine-related information, a recommendation against administration of any thimerosal-containing vaccine to a pregnant woman.

A bill to amend the Federal Food, Drug, and Cosmetic Act to reduce human exposure to mercury through vaccines.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Preble's Conservation Act''. SEC. 2. SPECIAL REQUIREMENTS REGARDING PREBLE'S MEADOW JUMPING MOUSE. (a) In General.--Section 13 of the Endangered Species Act of 1973 is amended to read as follows: ``special requirements regarding preble's meadow jumping mouse ``Sec. 13. (a) Use of Best Scientific and Commercial Data Available.--In any case in which the Secretary is required by this Act to use the best scientific and commercial data available with respect to determining whether the Preble's meadow jumping mouse is an endangered species or a threatened species, the Secretary-- ``(1) in evaluating comparable data, shall give greater weight to scientific or commercial data that are empirical or have been field-tested or peer-reviewed; and ``(2) shall include, in data used with respect to that species, data regarding population numbers of the species. ``(b) Field Data.-- ``(1) Requirement.--The Secretary may not determine under section 4 that the Preble's meadow jumping mouse is an endangered species or a threatened species unless the determination is supported by data obtained by observation of the species in the field. ``(2) Data from landowners.--The Secretary shall-- ``(A) accept and acknowledge receipt of data regarding the status of that species that is collected by an owner of land through observation of the species on the land; and ``(B) include the data in the rulemaking record compiled for any determination that the species is an endangered species or a threatened species. ``(c) Independent Scientific Review Requirements.-- ``(1) Definitions.--In this subsection: ``(A) Action.--The term `action' means-- ``(i) the determination that the Preble's meadow jumping mouse is an endangered species or a threatened species under section 4(a); and ``(ii) the determination under section 4(a) that the Preble's meadow jumping mouse should be removed from any list published under section 4(c)(1). ``(B) Qualified individual.--The term `qualified individual' means an individual with expertise in the biological sciences-- ``(i) who through publication of peer- reviewed scientific literature or other means, has demonstrated scientific expertise on the Preble's meadow jumping mouse or a similar species or other scientific expertise relevant to the decision of the Secretary under section 4(a) or (f); ``(ii) who does not have, or represent any person with, a conflict of interest with respect to the determination that is the subject of the review; ``(iii) who is not a participant in any petition or proposed or final determination before the Secretary; and ``(iv) who has no direct financial interest, and is not employed by any person with a direct financial interest, in opposing the action under consideration. ``(2) List of independent scientific reviewers.--The Secretary shall solicit recommendations from the National Academy of Sciences and develop and maintain a list of qualified reviewers to participate in independent scientific review of actions. ``(3) Appointment of independent scientific reviewers.--(A) Before any action shall become final, the Secretary shall appoint randomly, from among the list prepared in accordance with this section, 3 qualified individuals who shall review and report to the Secretary on the scientific information and analyses on which the proposed action is based. ``(B) The selection and activities of the reviewers selected pursuant to this section shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(C) Reviewers shall be compensated for conducting the independent review. ``(4) Opinion of peer reviewers.--Independent reviewers shall provide the Secretary, within 3 months, their opinion regarding all relevant scientific information and assumptions relating to the taxonomy, population models, and supportive biological and ecological information for the Preble's meadow jumping mouse. ``(5) Final determination.--If the referees have made a recommendation on a proposed action, the Secretary shall evaluate and consider the information that results from the independent scientific review and include in the final determination-- ``(A) a summary of the results of the independent scientific review; and ``(B) in a case in which the recommendation of a majority of the referees who conducted the independent scientific review is not followed, an explanation as to why the recommendation was not followed. ``(6) Public notice.--The report of the peer reviewers shall be included in the official record of the proposed action and shall be available for public review prior to the close of the comment period on the proposed action.''. (b) Conforming Amendment.--The table of sections in the first section of such Act is amended by striking the item relating to section 13 and inserting the following: ``Sec. 13. Special requirements regarding Preble's meadow jumping mouse.''.

Common Sense Preble's Conservation Act - Amends the Endangered Species Act of 1973 to provide that, in any case in which the Secretary of the Interior is required to use the best scientific and commercial data available with respect to determining whether the Preble's meadow jumping mouse is an endangered or threatened species, the Secretary: (1) in evaluating comparable data, shall give greater weight to scientific or commercial data that are empirical or have been field-tested or peer-reviewed; and (2) shall include data regarding population numbers of the species.Prohibits the Secretary from determining that the Preble's meadow jumping mouse is an endangered or threatened species unless the determination is supported by data obtained by observation of the species in the field.Directs the Secretary to: (1) accept and acknowledge receipt of data regarding the status of that species that is collected by an owner of land through observation of the species on the land, and include the data in the rule-making record compiled for any determination that the species is an endangered or threatened species; (2) solicit recommendations from the National Academy of Sciences and develop and maintain a list of qualified reviewers to participate in independent scientific review of actions; and (3) appoint randomly from among the list, before any action becomes final, three qualified individuals who shall review and report to the Secretary on the scientific information and analyses on which the proposed action is based.

To amend the Endangered Species Act of 1973 to establish special requirements for determining whether the Preble's meadow jumping mouse is an endangered species or threatened species.

SECTION 1. SHORT TITLE. This section may be cited as the ``Floodplain Maps Moratorium Act''. SEC. 2. 5-YEAR DELAY IN EFFECTIVE DATE OF MANDATORY PURCHASE REQUIREMENT FOR NEW FLOOD HAZARD AREAS. (a) In General.--Section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) is amended by adding at the end the following new subsections: ``(i) Delayed Effective Date of Mandatory Purchase Requirement for New Flood Hazard Areas.-- ``(1) In general.--In the case of any area that was not previously designated as an area having special flood hazards and that, pursuant to any issuance, revision, updating, or other change in flood insurance maps that takes effect on or after September 30, 2007, becomes designated as an area having special flood hazards, if each State and local government having jurisdiction over any portion of the geographic area has complied with paragraph (2), such designation shall not take effect for purposes of subsection (a), (b), or (e) of this section, or section 202(a) of this Act, until the expiration of the 5-year period beginning upon the date that such maps, as issued, revised, update, or otherwise changed, become effective. ``(2) Notice requirements.--A State or local government shall be considered to have complied with this paragraph with respect to any geographic area described in paragraph (1) only if the State or local government has, before the effective date of the issued, revised, updated, or changed maps, and in accordance with such standards as shall be established by the Director-- ``(A) developed an evacuation plan to be implemented in the event of flooding in such portion of the geographic area; and ``(B) developed and implemented an outreach and communication plan to advise occupants in such portion of the geographic area of potential flood risks, appropriate evacuation routes under the evacuation plan referred to in subparagraph (A), the opportunity to purchase flood insurance, and the consequences of failure to purchase flood insurance. ``(3) Rule of construction.--Nothing in paragraph (1) may be construed to affect the applicability of a designation of any area as an area having special flood hazards for purposes of the availability of flood insurance coverage, criteria for land management and use, notification of flood hazards, eligibility for mitigation assistance, or any other purpose or provision not specifically referred to in paragraph (1). ``(j) Availability of Preferred Risk Rating Method Premiums.--The preferred risk rate method premium shall be available for flood insurance coverage for properties located in areas referred to in subsection (i)(1) and during the time period referred to in subsection (i)(1).''. (b) Conforming Amendment.--The second sentence of subsection (h) of section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101(h)) is amended by striking ``Such'' and inserting ``Except for notice regarding a change described in section 102(i)(1) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(i)(1)), such''. (c) No Refunds.--Nothing in this section or the amendments made by this section may be construed to authorize or require any payment or refund for flood insurance coverage purchased for any property that covered any period during which such coverage is not required for the property pursuant to the applicability of the amendment made by subsection (a). SEC. 3. NOTIFICATION TO HOMEOWNERS REGARDING MANDATORY PURCHASE REQUIREMENT APPLICABILITY. Section 201 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4105) is amended by adding at the end the following new subsection: ``(f) Annual Notification.--The Director, in consultation with affected communities, shall establish and carry out a plan to notify residents of areas having special flood hazards, on an annual basis-- ``(1) that they reside in such an area; ``(2) of the geographical boundaries of such area; ``(3) of the provisions of section 102 requiring purchase of flood insurance coverage for properties located in such an area, including the date on which such provisions apply with respect to such area, taking into consideration section 102(i); and ``(4) of a general estimate of what similar homeowners in similar areas typically pay for flood insurance coverage.''. SEC. 4. NOTIFICATION OF ESTABLISHMENT OF FLOOD ELEVATIONS. Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101) is amended by adding at the end the following new subsection: ``(k) Notification to Members of Congress of Map Modernization.-- Upon any revision or update of any floodplain area or flood-risk zone pursuant to subsection (f), any decision pursuant to subsection (f)(1) that such revision or update is necessary, any issuance of preliminary maps for such revision or updating, or any other significant action relating to any such revision or update, the Director shall notify the Senators for each State affected, and each Member of the House of Representatives for each congressional district affected, by such revision or update in writing of the action taken.''. SEC. 5. REVIEW OF FLOOD MAP CHANGES BY AFFECTED COMMUNITIES. Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101), as amended by section 3, is further amended by adding at the end the following new subsection: ``(l) Review of Flood Map Changes by Affected Communities.--Not later than three years before the date on which a flood insurance rate map change or revision becomes effective, the Director shall notify each community affected by such map change or revision, including each State and local government with jurisdiction over an area affected by such map change or revision, and provide each such community and each such State and local government with an opportunity to review such map change or revision and propose modifications to such map change or revision.''. SEC. 6. REVIEW OF FLOOD MAP METHODOLOGY. Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101), as amended by section 4, is further amended by adding at the end the following new subsection: ``(m) Review of Flood Map Methodology.--Not less than once every ten years, the Comptroller General of the United States shall conduct a review of the methodology used to issue or revise flood insurance rate maps and submit the results of such review to Congress and the Director.''. SEC. 7. APPEALS. (a) Television and Radio Announcement.--Section 1363 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104) is amended-- (1) in subsection (a), by inserting after ``determinations'' by inserting the following: ``by notifying a local television and radio station,''; and (2) in the first sentence of subsection (b), by inserting before the period at the end the following: ``and shall notify a local television and radio station at least once during the same 10-day period''. (b) Applicability.--The amendments made by subsection (a) shall apply with respect to any flood elevation determination for any area in a community that has not, as of the date of the enactment of this Act, been issued a Letter of Final Determination for such determination under the flood insurance map modernization process. SEC. 8. STUDY ON REPAYING FLOOD INSURANCE DEBT. Not later than the expiration of the 6-month period beginning on the date of the enactment of this Act, the Administrator of the Federal Emergency Management Agency shall submit a report to the Congress setting forth a plan for repaying within 10 years all amounts, including any amounts previously borrowed but not yet repaid, owed pursuant to clause (2) of subsection (a) of section 1309 of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)(2)).

Floodplain Maps Moratorium Act - Amends the Flood Disaster Protection Act of 1973 to delay for five years the requirement to purchase flood insurance for properties in a new flood hazard area if the area's state or local government has developed a flood evacuation plan and meets other specified criteria. Makes the preferred risk rate method premium available for flood insurance coverage of such properties. Directs the Director of the Federal Emergency Management Agency (FEMA) to establish and implement a plan to notify annually residents of areas having special flood hazards regarding the mandatory purchase requirement. Amends the National Flood Insurance Act of 1968 to require the Director to: (1) notify the pertinent Members of Congress as well as the affected communities and their state and local governments about any decision to make a floodplain area or flood-risk zone revision, and (2) provide each such community and state and local government with an opportunity to review and propose modifications to a flood insurance map change or revision. Requires the Comptroller General to review the methodology used to issue or revise flood insurance rate maps. Requires the Director to notify a local television and radio station about proposed or published flood elevation determinations. Directs the Administrator of FEMA to report to Congress a plan for repaying within 10 years all unpaid presidentially approved flood insurance program debt.

To provide a moratorium on the issuance of flood insurance rate maps, to assist property owners in adapting to flood insurance rate map changes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fern Lake Conservation and Recreation Act of 2001''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Fern Lake and its surrounding watershed in Bell County, Kentucky, and Claiborne County, Tennessee, is within the potential boundaries of Cumberland Gap National Historical Park as originally authorized by the Act of June 11, 1940 (54 Stat. 262; 16 U.S.C. 261 et seq.). (2) The acquisition of Fern Lake and its surrounding watershed and its inclusion in Cumberland Gap National Historical Park would protect the vista from Pinnacle Overlook, which is one of the park's most valuable scenic resources and most popular attractions, and enhance recreational opportunities at the park. (3) Fern Lake is the water supply source for the city of Middlesboro, Kentucky, and environs. (4) The 4500-acre Fern Lake watershed is privately owned, and the 150-acre lake and part of the watershed are currently for sale, but the Secretary of the Interior is precluded by the first section of the Act of June 11, 1940 (16 U.S.C. 261), from using appropriated funds to acquire the lands. (b) Purposes.--The purposes of the Act are-- (1) to authorize the Secretary of the Interior to use appropriated funds if necessary, in addition to other acquisition methods, to acquire from willing sellers Fern Lake and its surrounding watershed, in order to protect scenic and natural resources and enhance recreational opportunities at Cumberland Gap National Historical Park; and (2) to allow the continued supply of water from Fern Lake to the city of Middlesboro, Kentucky, and environs. SEC. 3. LAND ACQUISITION, FERN LAKE, CUMBERLAND GAP NATIONAL HISTORICAL PARK. (a) Definitions.--In this section: (1) Fern lake.--The term ``Fern Lake'' means Fern Lake located in Bell County, Kentucky, and Claiborne County, Tennessee. (2) Land.--The term ``land'' means land, water, interests in land, and any improvements on the land. (3) Park.--The term ``park'' means Cumberland Gap National Historical Park, as authorized and established by the Act of June 11, 1940 (54 Stat. 262; 16 U.S.C. 261 et seq.). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. (b) Acquisition Authorized.--The Secretary may acquire for addition to the park lands consisting of approximately 4,500 acres and containing Fern Lake and its surrounding watershed, as generally depicted on the map entitled ``Cumberland Gap National Historical Park, Fern Lake Watershed'', numbered 380/80,004, and dated May 2001. The map shall be on file in the appropriate offices of the National Park Service. (c) Authorized Acquisition Methods.-- (1) In general.--Notwithstanding the Act of June 11, 1940 (16 U.S.C. 261 et seq.), the Secretary may acquire lands described in subsection (b) by donation, purchase with donated or appropriated funds, or exchange. However, the lands may be acquired only with the consent of the owner. (2) Easements.--At the discretion of the Secretary, the Secretary may acquire land described in subsection (b) that is subject to an easement for water supply facilities and equipment associated with the withdrawal and delivery of water by a utility from Fern Lake to the city of Middlesboro, Kentucky, and environs. (d) Boundary Adjustment and Administration.--Upon the acquisition of land under this section, the Secretary shall revise the boundaries of the park to include the land in the park. Subject to subsection (e), the Secretary shall administer the acquired lands as part of the park in accordance with the laws and regulations applicable to the park. (e) Special Issues Related to Fern Lake.-- (1) Protection of water supply.--The Secretary shall manage public recreational use of Fern Lake, if acquired by the Secretary, in a manner that is consistent with the protection of the lake as a source of untreated water for the city of Middlesboro, Kentucky, and environs. (2) Sale of water.-- (A) Contract with utility.--Upon the Secretary's acquisition of land that includes Fern Lake, the Secretary shall enter into a contract to sell untreated water from the lake to a utility that delivers and distributes water to the city of Middlesboro, Kentucky, and environs. The Secretary shall ensure that the terms and conditions of the contract are equitable, ensuring a balance between the protection of park resources and the delivery and distribution of sufficient water to continue meeting the water demands of the city of Middlesboro, Kentucky, and environs. (B) Proceeds from water.--The Secretary shall negotiate a reasonable return to the United States for the sale of the water, which the Secretary may receive in the form of reduced charges for water service. Proceeds from the sale of the water, reduced by any offsets for water service to the park, shall be available for expenditure by the Secretary at the park without further appropriation. (f) Consultation Requirements.--In order to better manage Fern Lake and its surrounding watershed, if acquired by the Secretary, in a manner that will facilitate the provision of water for municipal needs as well as the establishment and promotion of new recreational opportunities made possible by the addition of Fern Lake to the park, the Secretary shall consult with-- (1) appropriate officials in the States of Kentucky, Tennessee, and Virginia, and political subdivisions of these States; (2) organizations involved in promoting tourism in these States; and (3) other interested parties. Passed the House of Representatives December 5, 2001. Attest: JEFF TRANDAHL, Clerk.

Fern Lake Conservation and Recreation Act of 2001 - Authorizes the Secretary of the Interior, acting through the Director of the National Park Service, to acquire by donation, purchase, or exchange (but only from a willing seller), specified lands which contain Fern Lake and its surrounding watershed located in Bell County, Kentucky, and Claiborne County, Tennessee. Authorizes the Secretary to acquire any such land subject to an easement for water supply facilities and equipment associated with the withdrawal and delivery of water by a utility from Fern Lake to Middlesboro, Kentucky, and environs.Directs the Secretary to: (1) revise the boundaries of the Cumberland Gap National Historical Park to include such acquired land; (2) protect the lake as a source of untreated water; (3) contract to sell the untreated water to a utility that delivers water to Middlesboro, Kentucky, and environs; and (4) use water sale proceeds (after reductions for park water service offsets) for expenditure at the park, without further appropriation. Requires the utility contract to ensure an equitable balance between protecting the park and providing sufficient water.Requires the Secretary to consult with the appropriate State (Kentucky, Tennessee, and Virginia) officials and tourism organizations.

To authorize the Secretary of the Interior to acquire Fern Lake and the surrounding watershed in the States of Kentucky and Tennessee for addition to Cumberland Gap National Historical Park, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Capital Construction Fund Penalty Relief Act''. SEC. 2. ELECTION TO TERMINATE CERTAIN CAPITAL CONSTRUCTION FUNDS. (a) Amendments to Chapter 535 of Title 46, United States Code.-- (1) In general.--Chapter 535 of title 46, United States Code, is amended by adding at the end the following new section: ``Sec. 53518. Election to terminate ``(a) In General.-- ``(1) Election.--Any person who has entered into an agreement under this chapter with respect to a vessel operated in the fisheries of the United States may make an election under this paragraph to terminate the capital construction fund established under such agreement. ``(2) Effect of election on individuals.--In the case of an individual who makes an election under paragraph (1) with respect to a capital construction fund-- ``(A) any amount remaining in such capital construction fund on the date of such election shall be distributed to such individual as a nonqualified withdrawal, except that-- ``(i) in computing the tax on such withdrawal, except as provided in paragraph (4), subsections (c)(3)(B) and (f) of section 53511 shall not apply; and ``(ii) the taxpayer may elect to average the income from such withdrawal as provided in subsection (b); and ``(B) such individual shall not be eligible to enter into, directly or indirectly, any future agreement to establish a capital construction fund under this chapter with respect to a vessel operated in the fisheries of the United States. ``(3) Effect of election for entities.-- ``(A) In general.--In the case of a person (other than an individual) who makes an election under paragraph (1)-- ``(i) the total amount in the capital construction fund on the date of such election shall be distributed to the shareholders, partners, or members of such person in accordance with the terms of the instruments setting forth the ownership interests of such shareholders, partners, or members; ``(ii) each shareholder, partner, or member shall be treated as having established a special temporary capital construction fund and having deposited amounts received in the distribution into such special temporary capital construction fund; ``(iii) no gain or loss shall be recognized with respect to such distribution; ``(iv) the basis of any shareholder, partner, or member in the person shall not be reduced as a result of such distribution; ``(v) any amounts not distributed pursuant to clause (i) shall be distributed in a nonqualified withdrawal; and ``(vi) such person shall not be eligible to enter into, directly or indirectly, any future agreement to establish a capital construction fund under this chapter with respect to a vessel operated in the fisheries of the United States. ``(B) Special temporary capital construction funds.--For purposes of this chapter, a special temporary capital construction fund shall be treated in the same manner as a capital construction fund established under section 53503, except that the following rules shall apply: ``(i) A special temporary capital construction fund shall be established without regard to any agreement under section 53503 and without regard to any eligible or qualified vessel. ``(ii) Section 53505 shall not apply and no amounts may be deposited into a special temporary capital construction fund other than amounts received pursuant to a distribution described in subparagraph (A)(i). ``(iii) In the case of any amounts distributed from a special temporary capital construction fund directly to a capital construction fund of the taxpayer established under section 53505-- ``(I) no gain or loss shall be recognized; ``(II) the limitation under section 53505 shall not apply with respect to any amount so transferred; ``(III) such amounts shall not reduce taxable income under section 53507(a)(1); and ``(IV) for purposes of section 53511(e), such amounts shall be treated as deposited in the capital construction fund on the date that such funds were deposited in the capital construction fund with respect to which the election under paragraph (1) was made. ``(iv) In the case of any amounts distributed from a special temporary capital construction fund pursuant to an election under paragraph (1), clauses (i) and (ii) of paragraph (2)(A) shall not apply to so much of such amounts as are attributable to earnings accrued after the date of the establishment of such special temporary capital construction fund. ``(v) Any amount not distributed from a special temporary capital construction fund before the due date of the tax return (including extension) for the last taxable year of the individual ending before January 1, 2019, shall be treated as distributed to the taxpayer on the day before such due date as if an election under paragraph (1) were made by the taxpayer on such day. ``(C) Regulations.--The joint regulations shall provide rules for-- ``(i) assigning the amounts received by the shareholders, partners, or members in a distribution described in subparagraph (A)(i) to the accounts described in section 53508(a) in special temporary capital construction funds; and ``(ii) preventing the abuse of the purposes of this section. ``(4) Tax benefit rule.--Rules similar to the rules under section 53511(f)(3) shall apply for purposes of determining tax liability on any nonqualified withdrawal under paragraph (2)(A), (3)(A)(v), or (3)(B)(v). ``(5) Election.--Any election under paragraph (1)-- ``(A) may only be made-- ``(i) by a person who maintains a capital construction fund with respect to a vessel operated in the fisheries of the United States on the date of the enactment of this section; or ``(ii) by a person who maintains a capital construction fund which was established pursuant to paragraph (3)(A)(ii) as a result of an election made by an entity in which such person was a shareholder, partner, or member; ``(B) shall be made not later than the due date of the tax return (including extensions) for the person's last taxable year ending on or before December 31, 2018; and ``(C) shall apply to all amounts in the capital construction fund with respect to which the election is made. ``(b) Election to Average Income.--At the election of an individual who has received a distribution described in subsection (a), for purposes of section 1301 of the Internal Revenue Code of 1986-- ``(1) such individual shall be treated as engaged in a fishing business, and ``(2) such distribution shall be treated as income attributable to a fishing business for such taxable year.''. (2) Conforming amendments.-- (A) Section 53511 of title 46, United States Code, is amended by striking ``section 53513'' and inserting ``sections 53513 and 53518''. (B) The table of sections for chapter 535 of title 46, United States Code, is amended by inserting after the item relating to section 53517 the following new item: ``53518. Election to terminate.''. (b) Amendments to the Internal Revenue Code of 1986.-- (1) In general.--Section 7518 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(j) Election To Terminate Capital Construction Funds.-- ``(1) In general.--Any person who has entered into an agreement under chapter 535 of title 46 of the United States Code, with respect to a vessel operated in the fisheries of the United States may make an election under this paragraph to terminate the capital construction fund established under such agreement. ``(2) Effect of election on individuals.--In the case of an individual who makes an election under paragraph (1) with respect to a capital construction fund, any amount remaining in such capital construction fund on the date of such election shall be distributed to such individual as a nonqualified withdrawal, except that-- ``(A) in computing the tax on such withdrawal, except as provided in paragraph (4), paragraphs (3)(C)(ii) and (6) of subsection (g) shall not apply, and ``(B) the taxpayer may elect to average the income from such withdrawal as provided in paragraph (6). ``(3) Effect of election for entities.-- ``(A) In general.--In the case of a person (other than an individual) who makes an election under paragraph (1)-- ``(i) the total amount in the capital construction fund on the date of such election shall be distributed to the shareholders, partners, or members of such person in accordance with the terms of the instruments setting forth the ownership interests of such shareholders, partners, or members, ``(ii) each shareholder, partner, or member shall be treated as having established a special temporary capital construction fund and having deposited amounts received in the distribution into such special temporary capital construction fund, ``(iii) no gain or loss shall be recognized with respect to such distribution, ``(iv) the basis of any shareholder, partner, or member in the person shall not be reduced as a result of such distribution, and ``(v) any amounts not distributed pursuant to clause (i) shall be distributed as a nonqualified withdrawal. ``(B) Special temporary capital construction funds.--For purposes of this section, a special temporary capital construction fund shall be treated in the same manner as a capital construction fund established under section 53503 of title 46, United States Code, except that the following rules shall apply: ``(i) Subsection (a) shall not apply and no amounts may be deposited into a special temporary capital construction fund other than amounts received pursuant to a distribution described in subparagraph (A)(i). ``(ii) In the case of any amounts distributed from a special temporary capital construction fund directly to a capital construction fund of the taxpayer established under section 53505 of title 46, United States Code-- ``(I) no gain or loss shall be recognized; ``(II) the limitation under subsection (a) shall not apply with respect to any amount so transferred; ``(III) such amounts shall not reduce taxable income under subsection (c)(1)(A); and ``(IV) for purposes of subsection (g)(5), such amounts shall be treated as deposited in the capital construction fund on the date that such funds were deposited in the capital construction fund with respect to which the election under paragraph (1) was made. ``(iii) In the case of any amounts distributed from a special temporary capital construction fund pursuant to an election under paragraph (1), subparagraphs (A) and (B) of paragraph (2) shall not apply to so much of such amounts as are attributable to earnings accrued after the date of the establishment of such special temporary capital construction fund. ``(iv) Any amount not distributed from a special temporary capital construction fund before the due date of the tax return (including extension) for the last taxable year of the individual ending before January 1, 2019, shall be treated as distributed to the taxpayer on the day before such due date as if an election under paragraph (1) were made by the taxpayer on such day. ``(C) Regulations.--The joint regulations shall provide rules for-- ``(i) assigning the amounts received by the shareholders, partners, or members in a distribution described in subparagraph (A)(i) to the accounts described in subsection (d)(1) in special temporary capital construction funds; and ``(ii) preventing the abuse of the purposes of this section. ``(4) Tax benefit rule.--Rules similar to the rules under subsection (g)(6)(B) shall apply for purposes of determining tax liability on any nonqualified withdrawal under paragraph (2), (3)(A)(v), or (3)(B)(iv). ``(5) Election.--Any election under paragraph (1)-- ``(A) may only be made-- ``(i) by a person who maintains a capital construction fund with respect to a vessel operated in the fisheries of the United States on the date of the enactment of this subsection, or ``(ii) by a person who maintains a capital construction fund which was established pursuant to subparagraph (3)(A)(ii) as a result of an election made by an entity in which such person was a shareholder, partner, or member, ``(B) shall be made not later than the due date of the tax return (including extensions) for the person's last taxable year ending on or before December 31, 2018, and ``(C) shall apply to all amounts in the capital construction fund with respect to which the election is made. ``(6) Election to average income.--At the election of an individual who has received a distribution described in paragraph (2), for purposes of section 1301-- ``(A) such individual shall be treated as engaged in a fishing business, and ``(B) such distribution shall be treated as income attributable to a fishing business for such taxable year.''. (2) Conforming amendment.--Section 7518(g)(1) of such Code is amended by striking ``subsection (h)'' and inserting ``subsections (h) and (j)''.

Capital Construction Fund Penalty Relief Act - Permits any person who entered into a capital construction fund agreement (an agreement to provide replacement vessels, additional vessels, or reconstructed vessels) with respect to certain vessels operated in the fisheries of the United States to make an election to terminate the capital construction fund established under such agreement. Amends the Internal Revenue Code to prescribe requirements regarding the effect of such an election, including the distribution and taxation of such funds, on individuals and entities.

Capital Construction Fund Penalty Relief Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Strengthening America's Security Act of 2005''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Border enforcement studies. Sec. 3. Necessary assets for controlling United States borders. Sec. 4. Document fraud detection. Sec. 5. Report. Sec. 6. Biometric entry-exit system. Sec. 7. Expedited removal between ports of entry. Sec. 8. Cancellation of visas. Sec. 9. Release of aliens from noncontiguous countries. Sec. 10. Reducing illegal immigration and alien smuggling on tribal lands. Sec. 11. Detention space and removal capacity. Sec. 12. Increased criminal penalties for alien smuggling, document fraud, gang violence, and drug trafficking. Sec. 13. Removal of aliens. Sec. 14. Additional immigration personnel. Sec. 15. Automated alien records. Sec. 16. Increase of Federal detention space. Sec. 17. State Criminal Alien Assistance Program. Sec. 18. Construction. Sec. 19. State defined. SEC. 2. BORDER ENFORCEMENT STUDIES. (a) Subterranean Entry.-- (1) Study.--The Secretary of Homeland Security and the head of the United States Army Corps of Engineers shall carry out a joint study on methods to prevent aliens from illegally entering the United States through subterranean tunnels along the international border between the United States and Mexico and the cost, utility, and effectiveness of employing such methods for border security. (2) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security and the head of the United States Army Corps of Engineers shall submit to Congress the results of the study required by paragraph (1). (b) Barriers for Land Crossings.-- (1) Study.--The Secretary of Homeland Security shall carry out a study of the feasibility and effectiveness of completing primary and secondary fences along the international border between the United States and Mexico and the cost and utility of employing such fences for border security. (2) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to Congress the results of the study required by paragraph (1). SEC. 3. NECESSARY ASSETS FOR CONTROLLING UNITED STATES BORDERS. (a) Personnel.-- (1) Customs and border protection officers.--In each of the fiscal years 2006 through 2010, the Secretary of Homeland Security shall increase by not less than 250 the number of positions for full-time active duty Customs and Border Protection officers. (2) Authorization of appropriations.-- (A) Customs and border protection officers.--There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2006 through 2010 to carry out paragraph (1). (B) Border patrol agents.--There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2006 through 2010 to carry out section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (118 Stat. 3734). (C) Transportation of aliens.--There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2006 through 2010 for the transportation of aliens. (b) Technological Assets.-- (1) Acquisition.--The Secretary of Homeland Security shall procure unmanned aerial vehicles, cameras, poles, sensors, and other technologies necessary to achieve operational control of the borders of the United States. (2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2006 through 2010 to carry out paragraph (1). (c) Infrastructure.-- (1) Construction of border control facilities.--The Secretary of Homeland Security shall construct all-weather roads and shall acquire vehicle barriers and necessary facilities to support its mission of achieving operational control of the borders of the United States. (2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2006 through 2010 to carry out paragraph (1). (d) Border Patrol Checkpoints.--Temporary or permanent checkpoints may be maintained on roadways in border patrol sectors within 100 miles of the border between the United States and Mexico. SEC. 4. DOCUMENT FRAUD DETECTION. (a) Training.--The Secretary of Homeland Security shall provide all customs and border protection officers with training in identifying and detecting fraudulent travel documents. Such training shall be developed in consultation with the Forensic Document Laboratory of Immigration and Customs Enforcement. (b) Forensic Document Laboratory.--The Secretary of Homeland Security shall provide all customs and border protection officers with access to the Forensic Document Laboratory. (c) Report and Assessment.-- (1) Report.--Not later than 1 year after the effective date of this Act, and annually through 2010, the Secretary of Homeland Security shall submit a report to the Office of the Inspector General regarding the accuracy and reliability of the Forensic Document Laboratory in identifying and detecting fraudulent documents. (2) Assessment.--The Office of Inspector General shall conduct an independent assessment of the accuracy and reliability of the Forensic Document Library and submit a report to Congress on the results of such assessment. (d) Right to Appellate Review.-- (1) Establishment of appellate review board.--There is established, within Immigration and Customs Enforcement Identity and Benefits Fraud Branch of the Department of Homeland Security, the Fraud Appellate Review Board, which shall be authorized to review determinations by the Forensic Document Laboratory that a certain document is fraudulent. (2) Right to appeal.--Any alien against whom a negative determination is made by the Forensic Document Laboratory regarding the authenticity of a document may appeal such determination to the Fraud Appellate Review Board for an independent determination of the findings of the Forensic Document Laboratory. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2006 through 2010 to carry out this section. SEC. 5. REPORT. Not later than October 26, 2007, the Secretary of Homeland Security shall submit a report to Congress that describes-- (1) the documents that need to be machine-readable and tamper-resistant and incorporate biometric identifiers; (2) how documents described in paragraph (1) will meet those standards; (3) the locations at which the Department of Homeland Security will install document readers; (4) the estimated costs for creating such documents and installing such readers; and (5) realistic deadlines for issuing machine-readable, tamper-resistant documents that incorporate biometric documents and installing document readers. SEC. 6. BIOMETRIC ENTRY-EXIT SYSTEM. (a) Grounds of Inadmissibility.--Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended-- (1) in subsection (a)(7), by adding at the end the following: ``(C) Withholders of biometric data.--Any alien who knowingly fails to comply with a lawful request for biometric data under section 215(c) or 235(d) is inadmissible.''; and (2) in subsection (d), by inserting after paragraph (1) the following: ``(2) The Secretary of Homeland Security shall determine whether a ground for inadmissibility exists with respect to an alien described in subparagraph (C) subsection (a)(7) and may waive the application of such subparagraph, for an individual alien or a class of aliens, at the discretion of the Secretary.''. (b) Collection of Biometric Data From Aliens Departing the United States.--Section 215 of the Immigration and Nationality Act (8 U.S.C. 1185) is amended-- (1) by redesignating subsection (c) as subsection (g); and (2) by inserting after subsection (b) the following: ``(c) The Secretary of Homeland Security is authorized to require aliens departing the United States to provide biometric data and other information relating to their immigration status.''. (c) Inspection of Applicants for Admission.--Section 235(d) of the Immigration and Nationality Act (8 U.S.C. 1185(d)) is amended by adding at the end the following: ``(5) Authority to collect biometric data.--In conducting inspections under subsection (b), immigration officers are authorized to collect biometric data from-- ``(A) any applicant for admission or alien seeking to transit through the United States; or ``(B) any lawful permanent resident who is entering the United States, but is not regarded as seeking admission under section 101(a)(13)(C).''. (d) Collection of Biometric Data From Alien Crewman.--Section 252 of the Immigration and Nationality Act (8 U.S.C. 1282) is amended by inserting ``Immigration officers are authorized to collect biometric data from any alien crewman seeking permission to land temporarily in the United States.'' after ``this title.''. (e) Implementation.--Section 7208(l) of the 9/11 Commission Implementation Act of 2004 (8 U.S.C. 1365b(l)) is amended-- (1) by striking ``There are authorized'' and inserting the following: ``(1) In general.--There are authorized''; and (2) by adding at the end the following: ``(2) Implementation at all land border ports of entry.-- There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2006 and 2007 to implement the automated biometric entry and exit data system at all land border ports of entry.''. SEC. 7. EXPEDITED REMOVAL BETWEEN PORTS OF ENTRY. (a) In General.--Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended-- (1) in subsection (b)(1)(A)(i), by striking ``the officer'' and inserting ``a supervisory officer''; and (2) in subsection (c), by adding at the end the following: ``(4) Expansion.--The Secretary of Homeland Security shall make the expedited removal procedures under this subsection available in all border patrol sectors on the southern border of the United States as soon as operationally possible. ``(5) National security certification.--No alien shall be expeditiously removed until the appropriate Director of Field Operations has certified in writing that expeditious removal of the alien will pose no security risk to the United States. ``(6) Training.--The Secretary of Homeland Security shall provide employees of the Department of Homeland Security with comprehensive training of the procedures authorized under this subsection.''. (b) Authorization of Appropriations.--There are authorized to be appropriated $10,000,000 for each of fiscal years 2006 through 2010 to carry out the amendments made by this section. SEC. 8. CANCELLATION OF VISAS. Section 222(g) of the Immigration and Nationality Act (8 U.S.C. 1202(g)) is amended-- (1) in paragraph (1), by inserting ``and any other nonimmigrant visa issued by the United States that is in the possession of the alien except upon a showing of extraordinary circumstances or in the case of technical violations'' after ``such visa''; and (2) in paragraph (2)(A), by striking ``(other than the visa described in paragraph (1)) issued in a consular office located in the country of the alien's nationality'' and inserting ``(other than a visa described in paragraph (1)) issued in a consular office located in the country of the alien's nationality or foreign residence''. SEC. 9. RELEASE OF ALIENS FROM NONCONTIGUOUS COUNTRIES. (a) Minimum Bond.--Section 236(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1226(a)(2)) is amended-- (1) by striking ``on''; (2) in subparagraph (A)-- (A) by inserting ``except as provided under subparagraph (B), upon the giving of a''; and (B) by striking ``or'' at the end; (3) by redesignating subparagraph (B) as subparagraph (C); and (4) by inserting after subparagraph (A) the following: ``(B) if the alien is a national of a noncontiguous country, has not been admitted or paroled into the United States, and was apprehended within 2 years of admission and within 100 miles of the international border of the United States or presents a flight risk, as determined by the Secretary of Homeland Security, upon the giving of a bond of at least $5,000 with security approved by, and containing conditions prescribed by, the Secretary of Homeland Security or the Attorney General, and subject to review before the Executive Office of Immigration Review; or''. (b) Report.--Not later than 2 years after the effective date of this Act, the Secretary of Homeland Security shall submit a report to Congress on the number of aliens from noncontiguous countries who are apprehended between land border ports of entry. SEC. 10. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON TRIBAL LANDS. (a) Grants Authorized.--The Secretary of Homeland Security may award grants to Indian tribes with lands adjacent to an international border of the United States that have been adversely affected by illegal immigration. (b) Use of Funds.--Grants awarded under subsection (a) may be used for-- (1) law enforcement activities; (2) health care services; (3) environmental restoration; and (4) the preservation of cultural resources. (c) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that-- (1) describes the level of access of Border Patrol agents on tribal lands; (2) describes the extent to which enforcement of immigration laws may be improved by enhanced access to tribal lands; (3) contains a strategy for improving such access through cooperation with tribal authorities; and (4) identifies grants provided by the Department of Homeland Security for Indian tribes, either directly or through State or local grants, relating to border security expenses. (d) Authorization of Appropriations.--There are authorized to be appropriated $10,000,000 for each of fiscal years 2006 through 2010 to carry out this section. SEC. 11. DETENTION SPACE AND REMOVAL CAPACITY. (a) In General.--Section 5204 of the Intelligence Reform and Terrorism Protection Act of 2004 (118 Stat. 3734) is amended-- (1) in subsection (a), by striking ``8,000'' and inserting ``10,000''; and (2) by adding at the end the following: ``(c) Authorization of Appropriations.--In addition to amounts otherwise authorized to be appropriated, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2006 through 2010 to carry out subsection (a).''. (b) Legal Representation.--No person shall be detained by the Department of Homeland Security in a location that limits the person's reasonable access to legal counsel. Upon active or constructive notice that a person is represented by an attorney, that person shall not be moved without providing the attorney reasonable notice in advance of such move. SEC. 12. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING, DOCUMENT FRAUD, GANG VIOLENCE, AND DRUG TRAFFICKING. (a) Alien Smuggling.--Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended-- (1) in paragraph (1)(B)-- (A) in clause (i), by striking ``10 years'' and inserting ``15 years''; (B) in clause (ii), by striking ``5 years'' and inserting ``10 years''; and (C) in clause (iii), by striking ``20 years'' and inserting ``40 years''; (2) in paragraph (2)-- (A) in subparagraph (A), by striking ``one year, or both; or'' and inserting ``3 years, or both''; (B) in subparagraph (B)-- (i) in clause (i), by adding at the end the following: ``be fined under title 18, United States Code, and imprisoned not less than 5 years nor more than 25 years;''; (ii) in clause (ii), by striking ``or'' at the end and inserting the following: ``be fined under title 18, United States Code, and imprisoned not less than 3 years nor more than

Strengthening America's Security Act of 2005 - Provides for: (1) increases in funding, personnel, and technology at the federal, state, and local level for immigration and border enforcement and visa security, document integrity, immigration fraud, and detention and removal of illegal aliens; and (2) specified border enforcement studies. Sets forth provisions for the release on bond of certain illegal aliens from noncontiguous countries. Directs the Secretary of Homeland Security to make expedited removal procedures available in all border patrol sectors on the southern U.S. border as soon as operationally possible. Authorizes grants to border-adjacent Indian tribes adversely affected by illegal immigration for law enforcement, health care, environmental restoration, and cultural preservation. Provides for increased detention and federal detention space. Prohibits detention that limits a person's reasonable access to legal counsel. Increases criminal penalties for alien smuggling, document fraud, gang violence, and drug trafficking. Makes an alien inadmissible who: (1) is a member of a street gang; or (2) refuses to comply with a lawful request for biometric data. Continues the institutional removal program (IRP). Establishes in: (1) the Department of Justice an Assistant Attorney General for Immigration Enforcement; and (2) the Immigration and Customs Enforcement Identity and Benefits Fraud Branch of the Department of Homeland Security (DHS) the Fraud Appellate Review Board, which shall review determinations by the Forensic Document Laboratory determinations of fraudulent documents. Provides for federal reimbursement of state and local costs associated with processing illegal aliens through the criminal justice system.

A bill to strengthen national security and United States borders, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Making Pharmaceutical Markets More Competitive Act''. TITLE I--REMOVING REGULATORY BARRIERS TO COMPETITION SEC. 101. IMPROVING ACCESS TO GENERIC DRUGS. Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) is amended by adding at the end the following: ``(11)(A) The Secretary shall prioritize the review of, and act within 240 calendar days of the date of the submission of, an original abbreviated new drug application submitted for review under this subsection, or on a supplement to such an application, that is for a drug-- ``(i) for which there are not more than 3 approved drugs listed under paragraph (7), except that the review of an application submitted more than 30 months in advance of the last applicable expiration date for a patent for which a certification under paragraph (2)(A)(vii)(III) has been submitted, or of the expiration date for an applicable period of exclusivity under this Act, will not be expedited; or ``(ii) that has been included on the list under section 506E. ``(B) The Secretary shall require the applicant, not later than 60 days prior to the submission of an application described in subparagraph (A), to provide complete, accurate information regarding facilities involved in manufacturing processes and testing, including facilities in corresponding Type II active pharmaceutical ingredients drug master files submitted with an application and sites or organizations involved in bioequivalence and clinical studies used to support the application, in order to make a determination regarding whether an inspection of an establishment is necessary. ``(C) The Secretary may expedite an inspection or reinspection under section 704 of an establishment that proposes to manufacture a drug described in subparagraph (A). ``(D) Nothing in this paragraph shall prevent the Secretary from prioritizing the review of other applications as the Secretary determines appropriate. ``(12) The Secretary shall provide review status updates to applicants regarding applications under this subsection, as appropriate, including when the application is awaiting final regulatory action by the office charged with review. ``(13) The Secretary shall publish on the Internet website of the Food and Drug Administration a list of all drugs approved under subsection (b) for which all patents and periods of exclusivity under this Act have expired. Such list shall be updated at least once every 180 days.''. SEC. 102. REPORTING ON PENDING GENERIC DRUG APPLICATIONS, PRIORITY REVIEW APPLICATIONS, AND INSPECTIONS. (a) In General.--Not later than 180 calendar days after the date of enactment of this Act, and quarterly thereafter until October 1, 2022, the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall post on the Internet website of the Food and Drug Administration a report that provides-- (1) the number of applications filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) awaiting action by the applicant, including such applications that were filed prior to October 1, 2014; (2) the number of applications filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) awaiting action by the Secretary, including such applications that were filed prior to October 1, 2014; (3) the number of applications filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) and prior approval supplements withdrawn in each month covered by the report; (4) the mean and median approval and tentative approval times for applications covered by the report; (5) the number of applications described in paragraphs (1), (2), and (3) that are subject to priority review; and (6) the number of such applications on which the Secretary has taken action pursuant to section 506H(b) of the Federal Food, Drug, and Cosmetic Act, as added by section 101. (b) Annual Report on Priority Review Applications.-- (1) In general.--The Secretary shall submit to the Committee on Health, Education, Labor, and Pensions and the Special Committee on Aging of the Senate and the Committee on Energy and Commerce of the House of Representatives an annual report, not later than March 31 of each year, on the following: (A) The number of applications filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) that are subject to priority review during the most recent calendar year and are awaiting action by the applicant. (B) The number of applications filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) that are subject to priority review during the most recent calendar year and are awaiting action by the Secretary. (C) The number of applications filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) that are subject to priority review during the most recent calendar year and have been approved by the Secretary. (D) For each of subparagraphs (A) through (C), the number of such applications-- (i) for which there are not more than 3 approved drugs listed under section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)); and (ii) the number of such applications that are for a drug on the drug shortage list under section 506E of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356e). (c) Annual Report on Inspections.--Not later than March 1 of each year, the Secretary shall post on the Internet website of the Food and Drug Administration-- (1) the average and median amount of time, following a request by staff of the Food and Drug Administration reviewing an application or report submitted under an applicable section described in subparagraph (A), (B), or (C), to schedule and complete inspections of facilities necessary for-- (A) approval of a drug under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355); (B) approval of a device under section 515 of such Act (21 U.S.C. 360e); and (C) clearance of a device under section 510(k) of such Act (21 U.S.C. 360(k)); and (2) the average and median amount of time to schedule and complete for-cause inspections of facilities of drugs and devices. TITLE II--INCENTIVIZING COMPETITION SEC. 201. EXPEDITING GENERIC COMPETITION. Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 506G the following: ``SEC. 506H. EXPEDITING GENERIC DRUG DEVELOPMENT. ``(a) In General.--The Secretary shall, at the request of an applicant, expedite the development and review of an application under subsection (j) of section 505 for a drug-- ``(1) for which there are not more than 3 approved drug products listed under section 505(j)(7); or ``(2) that is included on the list under section 506E. ``(b) Request From Sponsors.--A request to expedite the development and review of an application under subsection (a) shall be submitted by the applicant prior to the submission of such application. ``(c) Other Applications.--Nothing in this section shall prevent the Secretary from expediting the development and review of other applications as the Secretary determines appropriate. ``(d) Additional Communication.--The Secretary shall take such actions as are appropriate to expedite the development and review of the application for approval of a drug described in subsection (a), including, as appropriate-- ``(1) holding meetings with the sponsor and the review team throughout the development of the drug prior to submission of the application; ``(2) providing timely advice to, and interactive communication with, the sponsor regarding the development of the application to ensure that the collection of nonclinical and clinical data necessary for approval is as efficient as practicable; ``(3) in the case of a complex product, assigning a cross- disciplinary project lead for the review team to facilitate an efficient review of the development program and application, including manufacturing inspections; and ``(4) in the case of a complex product, including drug- device combinations, involving senior managers and experienced review staff, as appropriate, in a collaborative, cross- disciplinary review. ``(e) Reporting Requirement.--A sponsor of a drug expedited under this section shall report to the Secretary, one year following approval of an application under section 505(j), on whether the approved drug has been marketed in interstate commerce since approval.''. SEC. 202. LIST OF GENERIC DRUGS WITH LIMITED COMPETITION. Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 506H, as added by section 201, the following: ``SEC. 506I. DRUG LISTING. ``(a) Removal, Withdrawal, or Transfer.--The holder of an application approved under subsection (b) or (j) of section 505 shall notify the Secretary within 180 days of removing the drug that is the subject of such application from interstate commerce, withdrawing such approved application, or transferring such approved application, and a reason for such removal, withdrawal, or transfer. If compliance with this subsection within such 180-day period is not practicable, then the holder shall comply as soon as practicable. The Secretary shall cross- reference information listed pursuant to section 506C where applicable to avoid duplicative reporting. Notification to the Secretary by a manufacturer in accordance with section 506C(a) shall be deemed to be compliance with this section. ``(b) Drugs With Limited Competition.-- ``(1) Information.--The Secretary shall-- ``(A) maintain information with respect to applications approved under section 505(j); and ``(B) publish on the Internet website of the Food and Drug Administration such information under subparagraph (A) with respect to drugs for which there are three or fewer application holders; and ``(C) update the information published pursuant to subparagraph (B) every 180 days. ``(2) Contents.--The public information maintained and published under paragraph (1)(B) shall include-- ``(A) the name of the drug, name of the holder of the approved application, and the marketing status for each drug; and ``(B) an indication of whether the Secretary considers the drug to be for the treatment or prevention of a serious disease or medical condition, for which there is no alternative drug that is judged by medical professionals to be an adequate substitute available in adequate supply. ``(c) Public Health Exception.--The Secretary may choose not to make information collected under this section publicly available if the Secretary determines that disclosure of such information would adversely affect the public health. ``(d) Notification.--When the Secretary first publishes the information under subsection (b), the Secretary shall notify relevant Federal agencies, including the Centers for Medicare & Medicaid Services and the Federal Trade Commission, that the information has been published and will be updated regularly.''. SEC. 203. SUITABILITY PETITIONS. (a) In General.--It is the sense of the Senate that the Food and Drug Administration shall meet the requirement under section 505(j)(2)(C) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(C)) and section 314.93(e) of title 21, Code of Federal Regulations, of responding to suitability petitions within 90 days of submission. (b) Report.--The Secretary of Health and Human Services shall include in the annual reports under section 102(b)-- (1) the number of pending petitions under section 505(j)(2)(C) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(C)); and (2) the number of such petitions pending a substantive response for more than 180 days from the date of receipt. SEC. 204. INSPECTIONS. Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)), as amended by section 101, is further amended by adding at the end the following: ``(14) If the Secretary issues feedback pursuant to section 704(b)(2) with respect to information submitted in response to a report under section 704(b)(1), and a report that was issued under section 704(b)(1) is the only obstacle to approval of an application under this subsection or the Secretary determines that the public health benefit of approving an application under this subsection outweighs any risk to public health, the Secretary shall, within 45 days of notification by the applicant that necessary changes have been made to the establishment to address any findings or deficiencies identified previously by the Secretary-- ``(A) re-inspect the establishment with respect to which the report was issued; or ``(B) make a determination regarding the response to such report and review of such application.''.

Making Pharmaceutical Markets More Competitive Act This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to prioritize the review of generic drug applications and supplements with respect to drugs that are in a shortage or for which there are not more than three approved drugs. The holder of an approved drug application must notify the FDA within 180 days of withdrawing or transferring the application or withdrawing the drug from sale. The FDA must maintain a list of generic drugs with three or fewer holders of approved applications.

Making Pharmaceutical Markets More Competitive Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Caroline Pryce Walker Conquer Childhood Cancer Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Cancer kills more children than any other disease. (2) Each year cancer kills more children between 1 and 20 years of age than asthma, diabetes, cystic fibrosis, and AIDS, combined. (3) Every year, over 12,500 young people are diagnosed with cancer. (4) Each year about 2,300 children and teenagers die from cancer. (5) One in every 330 Americans develops cancer before age 20. (6) Some forms of childhood cancer have proven to be so resistant that even in spite of the great research strides made, most of those children die. Up to 75 percent of the children with cancer can now be cured. (7) The causes of most childhood cancers are not yet known. (8) Childhood cancers are mostly those of the white blood cells (leukemias), brain, bone, the lymphatic system, and tumors of the muscles, kidneys, and nervous system. Each of these behaves differently, but all are characterized by an uncontrolled proliferation of abnormal cells. (9) Eighty percent of the children who are diagnosed with cancer have disease which has already spread to distant sites in the body. (10) Ninety percent of children with a form of pediatric cancer are treated at one of the more than 200 Children's Oncology Group member institutions throughout the United States. SEC. 3. PURPOSES. It is the purpose of this Act to authorize appropriations to-- (1) encourage the support for pediatric cancer research and other activities related to pediatric cancer; (2) establish a comprehensive national childhood cancer registry; and (3) provide informational services to patients and families affected by childhood cancer. SEC. 4. PEDIATRIC CANCER RESEARCH AND AWARENESS; NATIONAL CHILDHOOD CANCER REGISTRY. (a) Pediatric Cancer Research and Awareness.--Subpart 1 of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end the following: ``SEC. 417E. PEDIATRIC CANCER RESEARCH AND AWARENESS. ``(a) Pediatric Cancer Research.-- ``(1) Programs of research excellence in pediatric cancer.--The Secretary, in collaboration with the Director of NIH and other Federal agencies with interest in prevention and treatment of pediatric cancer, shall continue to enhance, expand, and intensify pediatric cancer research and other activities related to pediatric cancer, including therapeutically applicable research to generate effective treatments, pediatric preclinical testing, and pediatric clinical trials through National Cancer Institute-supported pediatric cancer clinical trial groups and their member institutions. In enhancing, expanding, and intensifying such research and other activities, the Secretary is encouraged to take into consideration the application of such research and other activities for minority, health disparity, and medically underserved communities. For purposes of this section, the term `pediatric cancer research' means research on the causes, prevention, diagnosis, recognition, treatment, and long-term effects of pediatric cancer. ``(2) Peer review requirements.--All grants awarded under this subsection shall be awarded in accordance with section 492. ``(b) Public Awareness of Pediatric Cancers and Available Treatments and Research.-- ``(1) In general.--The Secretary may award grants to childhood cancer professional and direct service organizations for the expansion and widespread implementation of-- ``(A) activities that provide available information on treatment protocols to ensure early access to the best available therapies and clinical trials for pediatric cancers; ``(B) activities that provide available information on the late effects of pediatric cancer treatment to ensure access to necessary long-term medical and psychological care; and ``(C) direct resource services such as educational outreach for parents, peer-to-peer and parent-to-parent support networks, information on school re-entry and postsecondary education, and resource directories or referral services for financial assistance, psychological counseling, and other support services. In awarding grants under this paragraph, the Secretary is encouraged to take into consideration the extent to which an entity would use such grant for purposes of making activities and services described in this paragraph available to minority, health disparity, and medically underserved communities. ``(2) Performance measurement, transparency, and accountability.--For each grant awarded under this subsection, the Secretary shall develop and implement metrics-based performance measures to assess the effectiveness of activities funded under such grant. ``(3) Informational requirements.--Any information made available pursuant to a grant awarded under paragraph (1) shall be-- ``(A) culturally and linguistically appropriate as needed by patients and families affected by childhood cancer; and ``(B) approved by the Secretary. ``(c) Rule of Construction.--Nothing in this section shall be construed as being inconsistent with the goals and purposes of the Minority Health and Health Disparities Research and Education Act of 2000 (42 U.S.C. 202 note). ``(d) Authorization of Appropriations.--For purposes of carrying out this section and section 399E-1, there are authorized to be appropriated $30,000,000 for each of fiscal years 2009 through 2013. Such authorization of appropriations is in addition to the authorization of appropriations established in section 402A with respect to such purpose. Funds appropriated under this subsection shall remain available until expended.''. (b) National Childhood Cancer Registry.--Part M of title III of the Public Health Service Act (42 U.S.C. 280e et seq.) is amended-- (1) by inserting after section 399E the following: ``SEC. 399E-1. NATIONAL CHILDHOOD CANCER REGISTRY. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award a grant to enhance and expand infrastructure to track the epidemiology of pediatric cancer into a comprehensive nationwide registry of actual occurrences of pediatric cancer. Such registry shall be updated to include an actual occurrence within weeks of the date of such occurrence. ``(b) Informed Consent and Privacy Requirements and Coordination With Existing Programs.--The registry established pursuant to subsection (a) shall be subject to section 552a of title 5, United States Code, the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996, applicable Federal and State informed consent regulations, any other applicable Federal and State laws relating to the privacy of patient information, and section 399B(d)(4) of this Act.''; and (2) in section 399F(a), by inserting ``(other than section 399E-1)'' after ``this part''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Caroline Pryce Walker Conquer Childhood Cancer Act of 2008 - (Sec. 4) Amends the Public Health Service Act to require the Secretary of Health and Human Services to continue to enhance, expand, and intensify pediatric cancer research and other activities related to pediatric cancer, including therapeutically applicable research to generate effective treatments, pediatric preclinical testing, and pediatric clinical trials through National Cancer Institute-supported pediatric cancer clinical trials groups and their member institutions. Encourages the Secretary to take into consideration the application of such research and other activities for minority, health disparity, and medically underserved communities. Authorizes the Secretary to award grants to childhood cancer professional and direct service organizations for the expansion and widespread implementation of: (1) activities that provide information on treatment protocols to ensure early access to the best available therapies and clinical trials for pediatric cancers; (2) activities that provide available information on the late effects of pediatric cancer treatment to ensure access to necessary long-term medical and psychological care; and (3) direct resource services such as educational outreach for parents, information on school reentry and postsecondary education, and resource directories or referral services for financial assistance, psychological counseling, and other support services. Encourages the Secretary to take into consideration the extent to which an entity would use such grant for purposes of making activities and services available to minority, health disparity, and medically underserved communities. Requires the Secretary to develop and implement metrics-based performance measures to assess the effectiveness of activities funded under such grants. Requires any information made available pursuant to a grant to be: (1) culturally and linguistically appropriate as needed by patients and families affected by childhood cancer; and (2) approved by the Secretary. Authorizes appropriations for FY2009-FY2013. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award a grant to enhance and expand infrastructure to track the epidemiology of pediatric cancer into a comprehensive nationwide registry of actual occurrences of pediatric cancer. Requires such registry to be updated to include an actual occurrence within weeks of the date of such occurrence. Subjects such registry to federal laws regarding records maintained on individuals, health information privacy regulations, informed consent regulations, and any other federal laws relating to the privacy of patient information.

To amend the Public Health Service Act to advance medical research and treatments into pediatric cancers, ensure patients and families have access to information regarding pediatric cancers and current treatments for such cancers, establish a national childhood cancer registry, and promote public awareness of pediatric cancer.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Justice Act of 2008''. SEC. 2. CODIFICATION OF EXECUTIVE ORDER 12898. (a) In General.--The President of the United States is authorized and directed to execute, administer and enforce as a matter of Federal law the provisions of Executive Order 12898, dated February 11, 1994, (``Federal Actions To Address Environmental Justice In Minority Populations and Low-Income Populations'') with such modifications as are provided in this section. (b) Definition of Environmental Justice.--For purposes of carrying out the provisions of Executive Order 12898, the following definitions shall apply: (1) The term ``environmental justice'' means the fair treatment and meaningful involvement of all people regardless of race, color, national origin, educational level, or income with respect to the development, implementation, and enforcement of environmental laws and regulations in order to ensure that-- (A) minority and low-income communities have access to public information relating to human health and environmental planning, regulations and enforcement; and (B) no minority or low-income population is forced to shoulder a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazard. (2) The term ``fair treatment'' means policies and practices that ensure that no group of people, including racial, ethnic, or socioeconomic groups bear disproportionately high and adverse human health or environmental effects resulting from Federal agency programs, policies, and activities. (c) Judicial Review and Rights of Action.--The provisions of section 6-609 of Executive Order 12898 shall not apply for purposes of this Act. SEC. 3. IMPLEMENTATION OF RECOMMENDATIONS BY ENVIRONMENTAL PROTECTION AGENCY. (a) Inspector General Recommendations.--The Administrator of the Environmental Protection Agency shall, as promptly as practicable, carry out each of the following recommendations of the Inspector General of the agency as set forth in report # 2006-P-00034 entitled ``EPA needs to conduct environmental justice reviews of its programs, policies and activities'': (1) The recommendation that the agency's program and regional offices identify which programs, policies, and activities need environmental justice reviews and require these offices to establish a plan to complete the necessary reviews. (2) The recommendation that the Administrator of the agency ensure that these reviews determine whether the programs, policies, and activities may have a disproportionately high and adverse health or environmental impact on minority and low- income populations. (3) The recommendation that each program and regional office develop specific environmental justice review guidance for conducting environmental justice reviews. (4) The recommendation that the Administrator designate a responsible office to compile results of environmental justice reviews and recommend appropriate actions. (b) GAO Recommendations.--In developing rules under laws administered by the Environmental Protection Agency, the Administrator of the Agency shall, as promptly as practicable, carry out each of the following recommendations of the Comptroller General of the United States as set forth in GAO Report numbered GAO-05-289 entitled ``EPA Should Devote More Attention to Environmental Justice when Developing Clean Air Rules'': (1) The recommendation that the Administrator ensure that workgroups involved in developing a rule devote attention to environmental justice while drafting and finalizing the rule. (2) The recommendation that the Administrator enhance the ability of such workgroups to identify potential environmental justice issues through such steps as providing workgroup members with guidance and training to helping them identify potential environmental justice problems and involving environmental justice coordinators in the workgroups when appropriate. (3) The recommendation that the Administrator improve assessments of potential environmental justice impacts in economic reviews by identifying the data and developing the modeling techniques needed to assess such impacts. (4) The recommendation that the Administrator direct appropriate agency officers and employees to respond fully when feasible to public comments on environmental justice, including improving the agency's explanation of the basis for its conclusions, together with supporting data. (c) 2004 Inspector General Report.--The Administrator of the Environmental Protection Agency shall, as promptly as practicable, carry out each of the following recommendations of the Inspector General of the agency as set forth in the report entitled ``EPA Needs to Consistently Implement the Intent of the Executive Order on Environmental Justice'' (Report No. 2004-P-00007): (1) The recommendation that the agency clearly define the mission of the Office of Environmental Justice (OEJ) and provide agency staff with an understanding of the roles and responsibilities of the office. (2) The recommendation that the agency establish (through issuing guidance or a policy statement from the Administrator) specific time frames for the development of definitions, goals, and measurements regarding environmental justice and provide the regions and program offices a standard and consistent definition for a minority and low-income community, with instructions on how the agency will implement and operationalize environmental justice into the agency's daily activities. (3) The recommendation that the agency ensure the comprehensive training program currently under development includes standard and consistent definitions of the key environmental justice concepts (such as ``low-income'', ``minority'', and ``disproportionately impacted'') and instructions for implementation of those concepts. (d) Report.--The Administrator shall submit an initial report to Congress within 6 months after the enactment of this Act regarding the Administrator's strategy for implementing the recommendations referred to in subsections (a), (b), and (c). Thereafter, the Administrator shall provide semi-annual reports to Congress regarding his progress in implementing such recommendations as well as his progress on modifying the Administrator's emergency management procedures to incorporate environmental justice in the agency's Incident Command Structure (in accordance with the December 18, 2006, letter from the Deputy Administrator to the Acting Inspector General of the agency).

Environmental Justice Act of 2008 - (Sec. 2) Directs the President to execute, administer, and enforce as a matter of federal law the provisions of Executive Order 12898, dated February 11, 1994, (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations) with modifications: (1) defining "environmental justice" and "fair treatment"; and (2) providing that the provisions concerning judicial review shall not apply. Defines "environmental justice" to mean the fair treatment and meaningful involvement of all people regardless of race, color, national origin, educational level, or income with respect to the development, implementation, and enforcement of environmental laws and regulations in order to ensure that: (1) minority and low-income communities have access to public information relating to human health and environmental planning, regulations, and enforcement; and (2) no minority or low-income population is forced to shoulder a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazard. Defines "fair treatment" to mean policies and practices that ensure that no group of people bear disproportionately high and adverse human health or environmental effects resulting from federal agency programs, policies, and activities. (Sec. 3) Requires the Administrator of the Environmental Protection Agency (EPA) to carry out recommendations set forth in the EPA Inspector General's report number 2006-P-00034, entitled "EPA needs to conduct environmental justice reviews of its programs, policies and activities," including recommendations that: (1) EPA's program and regional offices identify which programs, policies, and activities need environmental justice reviews and require such offices to establish a plan to complete the necessary reviews; (2) the Administrator ensure that these reviews determine whether the programs, policies, and activities may have a disproportionately high and adverse health or environmental impact on minority and low-income populations; (3) each program and regional office develop specific environmental justice review guidance for conducting environmental justice reviews; and (4) the Administrator designate a responsible office to compile results of environmental justice reviews and recommend appropriate actions. (Sec. 4) Requires the Administrator to carry out recommendations of the Comptroller General as set forth in the Government Accountability Office (GAO) report numbered GAO-05-289, entitled "EPA Should Devote More Attention to Environmental Justice when Developing Clean Air Rules," including recommendations that the Administrator: (1) ensure that workgroups involved in developing a rule devote attention to environmental justice; (2) enhance the ability of such workgroups to identify potential environmental justice issues through such steps as providing workgroup members with guidance and training, helping them identify potential environmental justice problems, and involving environmental justice coordinators in the workgroups; (3) improve assessments of potential environmental justice impacts in economic reviews by identifying the data and developing the modeling techniques needed to assess such impacts; and (4) direct appropriate agency officers and employees to respond fully when feasible to public comments on environmental justice, including improving the agency's explanation of the basis for its conclusions. Requires the Administrator to carry out recommendations set forth in the Inspector General's report number 2004-P-00007, entitled "EPA Needs to Consistently Implement the Intent of the Executive Order on Environmental Justice," including recommendations that the agency: (1) clearly define the mission of the Office of Environmental Justice (OEJ) and provide agency staff with an understanding of its roles and responsibilities; (2) establish specific time frames for the development of definitions, goals, and measurements regarding environmental justice and provide the regions and program offices a standard and consistent definition for a minority and low-income community, with instructions on how the agency will implement and operationalize environmental justice into its daily activities; and (3) ensure the comprehensive training program currently under development includes standard definitions of, and instructions for implementing, the key environmental justice concepts. Requires the Administrator to report semiannually to Congress on the implementation of such recommendations as well as on progress in modifying emergency management procedures to incorporate environmental justice in the agency's Incident Command Structure in accordance with the December 18, 2006, letter from the Deputy Administrator to the Acting Inspector General.

A bill to codify Executive Order 12898, relating to environmental justice, to require the Administrator of the Environmental Protection Agency to fully implement the recommendations of the Inspector General of the Agency and the Comptroller General of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Employment and Training Bill of Rights Act of 1999''. SEC. 2. VETERANS' EMPLOYMENT AND TRAINING ASSISTANCE. (a) In General.--Chapter 42 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 4215. Veterans' Employment and Training Bill of Rights ``(a) Entitlement to Priority of Services.--A covered person is entitled to priority of services under any qualified employment training program if the person otherwise meets the eligibility requirements for participation in such program. ``(b) Administration of Programs at State and Local Levels.--(1) An entity of a State or a political subdivision of the State that administers or delivers services under a qualified employment training program shall-- ``(A) provide information and effective referral assistance to covered persons regarding benefits and services that may be obtained through other entities or service providers; and ``(B) ensure that each covered person who applies to or who is assisted by such a program is informed of the employment- related rights and benefits to which the person is entitled under this section. ``(2) Each council, board, or advisory body of a State or a political subdivision of the State that is established in support of a qualified employment training program shall include adequate representation from the veterans community, particularly from veterans service organizations. ``(c) Annual Report.--By not later than December 31, 2000, and each December 31 thereafter, the Secretary of Labor, following review and comment by the Advisory Committee on Veterans Employment and Training, shall submit to the Committees on Veterans' Affairs of the House of Representatives and Senate a report. The report shall evaluate whether covered persons are receiving priority of services and are being fully served by qualified employment training programs, and whether the levels of service of such programs are in proportion to the incidence of representation of veterans in the labor market, including within groups targeted by such programs, if any. ``(d) Definitions.--As used in this section: ``(1) The term `covered person' means any of the following individuals: ``(A) A veteran who has a service-connected disability. ``(B) A veteran who served on active duty in the Armed Forces during a war, in a campaign or expedition for which a campaign badge has been authorized. ``(C) The spouse of any of the following persons: ``(i) Any person who died of a service- connected disability. ``(ii) Any member of the Armed Forces serving on active duty who, at the time of application for assistance under this section, is listed, pursuant to section 556 of title 37 and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than 90 days: (I) missing in action, (II) captured in line of duty by a hostile force, or (III) forcibly detained or interned in line of duty by a foreign government or power. ``(iii) Any person who has a total disability permanent in nature resulting from a service-connected disability. ``(iv) A veteran who died while a disability so evaluated was in existence. ``(2) The term `qualified employment training program' means any work force preparation, development, or delivery program or service that is federally funded, in whole or in part, and includes the following: ``(A) Any such program or service that uses technology to assist individuals to access work force development programs (such as job and training opportunities, labor market information, career assessment tools, and related support services). ``(B) Any such program or service under the public employment service system, one-stop career centers, the Workforce Investment Act of 1998, a demonstration or other temporary program, and those programs implemented by States or local service providers based on Federal block grants. ``(C) Any such program or service that is a work force development program targeted to specific groups.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 42 of such title is amended by inserting after the item relating to section 4214 the following new item: ``4215. Veterans' Employment and Training Bill of Rights.''. SEC. 3. EMPLOYMENT OF VETERANS WITH RESPECT TO FEDERAL CONTRACTS. (a) In General.--Section 4212(a) of title 38, United States Code, is amended to read as follows: ``(a)(1) Any contract in the amount of $25,000 or more entered into by any department or agency of the United States for the procurement of personal property and nonpersonal services (including construction) for the United States, shall contain a provision requiring that the party contracting with the United States take affirmative action to employ and advance in employment qualified covered veterans. This section applies to any subcontract entered into by a prime contractor in carrying out any such contract. ``(2) In addition to requiring affirmative action to employ such qualified covered veterans under such contracts and subcontracts and in order to promote the implementation of such requirement, the Secretary of Labor shall prescribe regulations requiring that-- ``(A) each such contractor undertake in each such contract to list all of its employment openings immediately with the appropriate local employment service office, other appropriate service delivery points, or America's Job Bank (or any additional or subsequent national computerized job bank established by the Department of Labor), except that the contractor may exclude openings for positions which are to be filled from within the contractor's organization and positions lasting three days or less; and ``(B) each such local office or other service delivery point shall give such qualified covered veterans priority in referral to such employment openings. ``(3) As used in this section: ``(A) The term `covered veteran' means any of the following veterans: ``(i) Disabled veterans. ``(ii) Veterans who served on active duty in the Armed Forces during a war or in a campaign or expedition for which a campaign badge has been authorized. ``(iii) Veterans who, while serving on active duty in the Armed Forces, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985 (61 Fed. Reg. 1209). ``(B) The term `qualified', with respect to an employment position, means having the ability to perform the essential tasks of the position with reasonable accommodation.''. (b) Conforming and Technical Amendments.--Section 4212 of such title is amended-- (1) by striking subsection (b) and redesignating subsections (c) and (d) as subsections (b) and (c), respectively; (2) in subsection (b), as so redesignated-- (A) by striking ``filed pursuant to subsection (b) of this section'' and inserting ``relating to this section filed pursuant to section 4216 of this title''; (B) by striking ``suitable''; and (C) by striking ``subsection (a)(2) of this section'' and inserting ``subsection (a)(2)(B)''; and (3)(A) in paragraph (1) of subsection (c), as so redesignated-- (i) in the matter preceding subparagraph (A), by striking ``subsection (a) of this section'' and inserting ``subsection (a)''; and (ii) by amending subparagraphs (A) and (B) to read as follows: ``(A) the number of employees in the work force of such contractor, by job category and hiring location, and the number of such employees, by job category and hiring location, who are qualified covered veterans; and ``(B) the total number of new employees hired by the contractor during the period covered by the report and the number of such employees who are qualified covered veterans.''; and (B) in paragraph (2) of such subsection, by striking ``paragraph (1) of this subsection'' and inserting ``paragraph (1)''. (c) Effective Date.--The amendments made by this section shall apply with respect to contracts entered into on or after the date that is 60 days after the date of the enactment of this Act. SEC. 4. EMPLOYMENT WITHIN THE FEDERAL GOVERNMENT. (a) In General.--The second sentence of section 4214(a) of title 38, United States Code, is amended-- (1) by inserting ``, competent'' after ``effective''; and (2) by striking ``major'' and inserting ``uniquely qualified''. (b) Technical Amendments.--(1) Section 4214(b)(1) of such title is amended by striking ``readjustment'' and inserting ``recruitment''. (2) Section 4214(g) of such title is amended by striking ``qualified'' the first place it occurs and all that follows through ``era'' and inserting ``qualified covered veterans (as described in section 4212(a) of this title)''. SEC. 5. ENFORCEMENT OF VETERANS' EMPLOYMENT RIGHTS AND BENEFITS. (a) In General.--Chapter 42 of title 38, United States Code, as amended by section 2, is further amended by adding at the end the following new section: ``Sec. 4216. Enforcement of veterans' employment rights and benefits ``(a) Assistance of Secretary of Labor.--The Secretary of Labor (through the Assistant Secretary of Labor for Veterans' Employment and Training) shall provide assistance to any person or entity with respect to the requirements of sections 4212 (relating to United States contracts) and 4215 (relating to federally funded work force programs and services) of this title. In providing such assistance, the Secretary may request the assistance of existing Federal and State agencies engaged in similar or related activities and utilize the assistance of volunteers. ``(b) Complaint.--(1) An individual described in section 4212(a) or in section 4215(a) of this title may file a complaint with the Secretary of Labor if the individual believes that-- ``(A) the individual is entitled to rights or benefits under section 4212 or 4215; and ``(B) an entity with obligations under either of such sections has failed to comply or refuses to comply with the provisions of such sections. ``(2) Such complaint shall be in writing, be in such form as the Secretary of Labor may prescribe, include the name and address of the party against whom the complaint is filed, and contain a summary of the allegations that form the basis for the complaint. ``(3) A complaint may only be filed under paragraph (1) within 90 days after the date of a failure or refusal described in paragraph (1)(B). ``(c) Investigation of Complaint.--(1) The Secretary of Labor shall promptly investigate the complaint. If the Secretary of Labor determines as a result of the investigation that the action alleged in such complaint occurred, the Secretary shall attempt to resolve the complaint by making reasonable efforts to ensure that the party named in the complaint complies with the provisions of section 4212 or 4215, as appropriate. ``(2) If, within 90 days after the date on which the complaint is filed, the efforts to resolve the complaint are unsuccessful, the Secretary of Labor shall notify the individual who submitted the complaint of-- ``(A) the results of the investigation; and ``(B) the individual's rights. ``(d) Action for Relief.--(1) An individual who receives from the Secretary of Labor a notification under subsection (c) relating to a complaint may request that the Secretary refer the complaint to the Attorney General of the United States. If the Attorney General is reasonably satisfied that the person on whose behalf the complaint is referred is entitled to the rights or benefits sought, the Attorney General may appear on behalf of, and act as attorney for, the person on whose behalf the complaint is submitted and commence an action for relief for such person in any United States district court. ``(2) An individual may commence an action for relief with respect to a complaint if that individual-- ``(A) has chosen not to file a complaint under subsection (b); ``(B) has chosen not to request that the Secretary of Labor refer the complaint to the Attorney General under paragraph (1); or ``(C) has been refused representation by the Attorney General with respect to the complaint under such paragraph. ``(e) Remedies.--(1) In any action under this section, the court may award relief as follows: ``(A) The court may require the entity to comply with the provisions of section 4212 or 4215 of this title, as appropriate. ``(B) The court may require the entity to compensate the individual for any loss of wages or benefits suffered by reason of such entity's failure to comply with the such provisions. ``(C) The court may require the entity to pay the individual an amount equal to the amount referred to in clause (ii) as liquidated damages, if the court determines that the entity's failure to comply with the provisions of such section was willful. ``(2) Any compensation under subparagraph (B) or (C) of paragraph (1) shall be in addition to, and shall not diminish, any of the other rights and benefits provided for in such section. ``(3) The United States and a State shall be subject to the same remedies, including prejudgment interest, as may be imposed upon any private entity under this section. ``(f) Fees.--In any action or proceeding to enforce a provision of section 4212 or 4215 of this title by an individual under subsection (d)(2) who obtained private counsel for such action or proceeding, the court may award any such individual who prevails in such action or proceeding reasonable attorney fees, expert witness fees, and other litigation expenses. ``(g) Equity Powers.--The court may use its full equity powers, including temporary or permanent injunctions, temporary restraining orders, and contempt orders, to vindicate fully the rights or benefits of individuals pursuant to this section. ``(h) Standing.--An action under this section may be initiated only by an individual claiming rights or benefits under section 4212 or 4215 of this title, not by any other entity with obligations under such section. ``(i) Respondent.--In any such action, only an entity with obligations under section 4212 or 4215, as the case may be, shall be a necessary party respondent. ``(j) Inapplicability of State Statute of Limitations.--No State statute of limitations shall apply to any proceeding pursuant to this section.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 42 of such title, as amended by section 2, is further amended by inserting after the item relating to section 4215 the following new item: ``4216. Enforcement of veterans' employment rights and benefits.''. (c) Effective Date.--The amendments made by this section shall apply with respect to complaints filed on or after the date that is 60 days after the date of the enactment of this Act. SEC. 6. ADDITIONAL PERSONNEL. The Secretary of Labor is authorized to allocate an additional 10 full-time equivalent positions from the Employment and Training Administration to the Veterans' Employment and Training Service to carry out chapter 42 of title 38, United States Code, as amended by this Act.

Veterans' Employment and Training Bill of Rights Act of 1999 - Entitles the following covered persons to priority of services under any qualified employment training program if the person otherwise meets program eligibility requirements: (1) veterans who have a service-connected disability or who served on active duty in a campaign or expedition for which a campaign badge has been authorized; (2) the spouse of any person who died of a service-connected disability or who has a permanent total disability resulting from a service-connected disability; (3) the spouse of any member serving on active duty who is listed for more than 90 days as missing in action, captured in the line of duty by a hostile force, or forcibly detained or interned by a foreign government or power; and (4) the spouse of a veteran who died while a permanent service-connected disability was in existence. Requires State and local entities that administer such programs to inform individuals of the availability of such services. (Sec. 3) Requires Federal contracts of $25,000 or more for the procurement of personal property and non-personal services to contain a provision under which the party receiving the contract agrees to take affirmative action to employ and advance qualified veterans who: (1) are disabled; (2) served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized; or (3) while serving on active duty, participated in a U.S. military operation for which an armed forces service medal was awarded. (Sec. 4) Requires veterans qualifying under this Act to be given appropriate recruitment (currently, readjustment) appointments within the Federal Government. (Sec. 5) Directs the Secretary of Labor to provide specified veterans' employment rights and benefits assistance to veterans qualifying under this Act. Provides for the filing, investigation, and determination of claims, by qualifying individuals, that an entity has failed to comply with hiring requirements of this Act. (Sec. 6) Authorizes the Secretary to allocate an additional ten full-time equivalent positions from the Employment and Training Administration of the Department of Labor to the Veterans' Employment and Training Service to carry out work training and employment services for qualifying individuals.

Veterans' Employment and Training Bill of Rights Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Shared Responsibility in Preserving America's Future Act''. SEC. 2. SURTAX ON MILLIONAIRES CONTINGENT ON CONGRESSIONAL PASSAGE OF A BALANCED BUDGET AMENDMENT OR SPENDING LIMIT AMENDMENT. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART VIII--SURTAX ON MILLIONAIRES ``Sec. 59B. Surtax on millionaires. ``SEC. 59B. SURTAX ON MILLIONAIRES. ``(a) General Rule.--In the case of a taxpayer other than a corporation for any taxable year beginning after 2012 and before 2023, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to 5 percent of so much of the modified adjusted gross income of the taxpayer for such taxable year as exceeds the threshold amount. ``(b) Threshold Amount.--For purposes of this section-- ``(1) In general.--The threshold amount is $1,000,000. ``(2) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning after 2013, the $1,000,000 amount under paragraph (1) shall 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, determined by substituting `calendar year 2012' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the next highest multiple of $10,000. ``(3) Married filing separately.--In the case of a married individual filing separately for any taxable year, the threshold amount shall be one-half of the amount otherwise in effect under this subsection for the taxable year. ``(c) Modified Adjusted Gross Income.--For purposes of this section-- ``(1) In general.--The term `modified adjusted gross income' means adjusted gross income reduced by the excess of-- ``(A) gross income from a trade or business-- ``(i) which is not a passive activity (within the meaning of section 469(c)) with respect to the taxpayer, and ``(ii) with respect to which the taxpayer pays wages to at least 1 full-time equivalent employee (as defined in section 45R(d)(2) determined without regard to subsection (e)(1)(A)(iv) thereof), other than the taxpayer, over ``(B) the deductions which are properly allocable to such income. ``(2) Regulations.--The Secretary shall prescribe regulations similar to the regulations under section 469(l) for determining the income that is taken into account under paragraph (1)(A). ``(d) Special Rules.-- ``(1) Nonresident alien.--In the case of a nonresident alien individual, only amounts taken into account in connection with the tax imposed under section 871(b) shall be taken into account under this section. ``(2) Citizens and residents living abroad.--The dollar amount in effect under subsection (a) shall be decreased by the excess of-- ``(A) the amounts excluded from the taxpayer's gross income under section 911, over ``(B) the amounts of any deductions or exclusions disallowed under section 911(d)(6) with respect to the amounts described in subparagraph (A). ``(3) Charitable trusts.--Subsection (a) shall not apply to a trust all the unexpired interests in which are devoted to one or more of the purposes described in section 170(c)(2)(B). ``(4) Not treated as tax imposed by this chapter for certain purposes.--The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55. ``(e) Application of Section Contingent on Balanced Budget or Spending Limit Amendment.-- ``(1) Submission of amendment for ratification.--This section shall not apply to any taxable year which begins before the date on which the President certifies that the Archivist of the United States has submitted to the States for their ratification a proposed amendment to the Constitution of the United States pursuant to a joint resolution entitled `Joint resolution proposing a balanced budget amendment to the Constitution of the United States.' or `Joint resolution proposing a spending limit amendment to the Constitution of the United States.'. If the certification referred to in the preceding sentence is not made by the President before September 30, 2012, this section shall not apply to any taxable year. ``(2) Ratification.--This section shall not apply to any taxable year beginning after December 31, 2017, unless, on or before such date, such an amendment, by ratification, becomes valid to all intents and purposes as part of the Constitution of the United States.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Part VIII. Surtax on Millionaires''. (c) Section 15 Not To Apply.--The amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2012.

Shared Responsibility in Preserving America's Future Act - Amends the Internal Revenue Code to impose, in taxable years beginning after 2012 and before 2023, an additional 5% tax on individual taxpayers whose modified adjusted gross income exceeds $1 million (adjusted for inflation after 2013). Defines "modified adjusted gross income" as adjusted gross income reduced by the excess of: (1) gross income from a trade or business which is not a passive activity and with respect to which wages are paid to at least one full-time equivalent employee, over (2) the tax deductions properly allocable to such income.  Makes this additional tax contingent upon the submission and ratification of a proposed amendment to the Constitution requiring a balanced budget or limiting spending.

To amend the Internal Revenue Code of 1986 to impose a 5 percent tax on so much of adjusted gross income of any individual as exceeds $1,000,000, and to provide incentive for Congress to pass a balanced budget amendment, or spending limit amendment, to the Constitution.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Procompetitiveness and Antiboycott Act of 1993''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) the boycott of Israel by Arab countries has distorted international trade and investment; (2) the secondary boycott of Israel by Arab countries has put at a competitive disadvantage those United States business enterprises that refuse to comply with the Arab boycott of Israel; (3) the secondary boycott has stifled foreign investment in Israel; (4) business enterprises that comply with the boycott of Israel by Arab countries contribute to the distortion of international commerce and investment; and (5) it is in the interest of all countries to have free trade and a liberal climate for investment. SEC. 3. OECD REPORT. (a) Discussions at the OECD.--The United States Ambassador to the Organization for Economic Cooperation and Development (OECD) shall enter into discussions with representatives from other countries that are members of OECD concerning-- (1) the extent to which business enterprises, both public and private, comply with the boycott of Israel by Arab countries; (2) the effectiveness, with respect to the secondary boycott, of antiboycott laws of those countries that currently have or have had such laws; (3) the extent to which the secondary boycott has skewed global trade and investment, as well as regional trade and investment in the Middle East; (4) the extent to which business enterprises not complying with the boycott of Israel by Arab countries are placed at a competitive disadvantage as a result of the secondary boycott; (5) the extent to which the secondary boycott contradicts OECD trade and investment policy; and (6) the development of a set of guidelines, comparable to the prohibitions set forth in section 8(a) of the Export Administration Act of 1979 on actions taken to comply with, further, or support a boycott imposed by a foreign country, that countries that are members of OECD can agree on as a way to eliminate compliance with the boycott of Israel by Arab countries. (b) Report to Congress.--The United States Ambassador to the OECD shall submit to the Congress, not later than 6 months after the date of the enactment of this Act, a report on the progress of the discussions described in subsection (a). SEC. 4. GATT REPORT. (a) In General.--The United States Trade Representative shall enter into discussions with representatives from countries that are members of the General Agreement on Tariffs and Trade (GATT) to determine the extent to which-- (1) the secondary boycott has distorted trade; (2) members of and observers to the GATT encourage actions, including the furnishing of information or entering into implementing agreements, which have the effect of furthering or supporting the boycott of Israel by Arab countries; (3) the GATT can and should work to eliminate the secondary boycott; and (4) provisions of the GATT, specifically Articles I and XI, can be used to eliminate compliance with the boycott of Israel by Arab countries and what additional measures, including penalties, can be applied to countries imposing and complying with the boycott of Israel by Arab countries. (b) Report to Congress.--The United States Trade Representative shall submit to the Congress, not later than 6 months after the date of the enactment of this Act, a report on the discussions described in subsection (a). SEC. 5. PRESIDENTIAL REPORT. Not later than 90 days after the date of the enactment of this Act, the President shall submit a report to the Congress on-- (1) what progress has been made in terminating the secondary boycott, and (2) what progress has been made in terminating the compliance by countries other than Arab countries with the boycott of Israel by Arab countries. SEC. 6. BOYCOTT REPORT. Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of State and the Secretary of the Treasury, shall submit to the Congress a report on those OECD member countries that encourage or fail to discourage compliance with the boycott of Israel by Arab countries. Such report shall include-- (1) a list of foreign countries which encourage or fail to discourage compliance with the boycott of Israel by Arab countries; and (2) for each foreign country included in the list under paragraph (1), a description of the policies, regulations, practices, and laws of the government of that country which encourage or fail to discourage compliance with the boycott of Israel by Arab countries. SEC. 7. DEFINITIONS. For purposes of this Act-- (1) the term ``secondary boycott'' means the boycott by the governments of Arab countries of-- (A) business enterprises which-- (i) provide goods or services to Israeli nationals or business enterprises organized under the laws of Israel or owned or controlled by Israeli nationals, or (ii) invest in Israel or business enterprises described in clause (i); (B) ships that call at Israeli ports; or (C) goods and services of people or entities which support the State of Israel; and (2) a business enterprise complies with the boycott of Israel by Arab countries when, as a condition of doing business directly or indirectly within a country or with the government of, a national of, or a business enterprise organized under the laws of, a country, that business enterprise-- (A) agrees to refrain from doing business with or in Israel or with the government or nationals of Israel or business enterprises organized under the laws of Israel or owned or controlled by Israeli nationals; or (B) agrees to furnish information about its past, present, or future business relationships with Israel or with the government or nationals of Israel or business enterprises described in subparagraph (A).

Procompetitiveness and Antiboycott Act of 1993 - Directs the U.S. Ambassador to the Organization for Economic Cooperation and Development (OECD) to discuss with representatives from other OECD member countries and to report to the Congress on: (1) the extent to which business enterprises comply with the boycott of Israel by Arab countries; (2) the effectiveness, with respect to the secondary boycott, of antiboycott laws of countries that have them; (3) the extent to which the secondary boycott has skewed trade and investment globally as well as in the Middle East; (4) the extent to which business enterprises not complying with the boycott are placed at a competitive disadvantage; (5) the extent to which the secondary boycott contradicts OECD trade and investment policy; and (6) the development of guidelines, comparable to the prohibitions set forth under the Export Administration Act of 1979, that OECD countries can agree on to eliminate compliance with the boycott. Requires the United States Trade Representative to enter into discussions with representatives from member countries of the General Agreement on Tariffs and Trade (GATT) and to report to the Congress on the extent to which: (1) the secondary boycott of Israel has distorted trade; (2) members of and observers to the GATT encourage actions, including the furnishing of information or entering into agreements, which support the boycott; (3) the GATT should work to eliminate the secondary boycott; and (4) GATT articles can be used to eliminate compliance with such boycott. Requires the President to report to the Congress on progress made to end the boycott. Requires the Secretary of Commerce to report to the Congress on OECD countries that encourage or fail to discourage compliance with such boycott.

Procompetitiveness and Antiboycott Act of 1993

SECTION 1. OPPORTUNITY FOR THE GOVERNMENT OF GUAM TO ACQUIRE EXCESS REAL PROPERTY IN GUAM. (a) Transfer of Excess Real Property.--(1) Except as provided in subsection (d), before screening excess real property located on Guam for further Federal utilization under section 202 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) (hereinafter the ``Property Act''), the Administrator shall notify the Government of Guam that the property is available for transfer pursuant to this section. (2) If the Government of Guam, within 180 days after receiving notification under paragraph (1), notifies the Administrator that the Government of Guam intends to acquire the property under this section, the Administrator shall transfer such property in accordance with subsection (b). Otherwise, the property shall be screened for further Federal use and then, if there is no other Federal use, shall be disposed of in accordance with the Property Act. (b) Conditions of Transfer.--(1) Any transfer of excess real property to the Government of Guam may be only for a public purpose and shall be without further consideration. (2) All transfers of excess real property to the Government of Guam shall be subject to such restrictive covenants as the Administrator, in consultation with the Secretary of Defense, in the case of property reported excess by a military department, determines to be necessary to ensure that: (A) the use of the property is compatible with continued military activities on Guam; (B) the use of the property is consistent with the environmental condition of the property; (C) access is available to the United States to conduct any additional environmental remediation or monitoring that may be required; (D) the property is used only for a public purpose and can not be converted to any other use; and (E) to the extent that facilities on the property have been occupied and used by another Federal agency for a minimum of 2 years, that the transfer to the Government of Guam is subject to the terms and conditions for such use and occupancy. (3) All transfers of excess real property to the Government of Guam are subject to all otherwise applicable Federal laws, except section 2696 of title 10, United States Code, or section 501 of Public Law 100- 77 (42 U.S.C. 11411). (c) Definitions.--For the purposes of this section: (1) The term ``Administrator'' means-- (A) the Administrator of General Services; or (B) the head of any Federal agency with the authority to dispose of excess real property on Guam. (2) The term ``base closure law'' means the Defense Authorization Amendments and Base Closure and Realignment Act of 1988 (Public Law 100-526), the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), or similar base closure authority. (3) The term ``excess real property'' means excess property (as that term is defined in section 3 of the Property Act) that is real property and was acquired by the United States prior to the enactment of this section. (4) The term ``Guam National Wildlife Refuge'' includes those lands within the refuge overlay under the jurisdiction of the Department of Defense, identified as DoD lands in figure 3, on page 74, and as submerged lands in figure 7, on page 78 of the ``Final Environmental Assessment for the Proposed Guam National Wildlife Refuge, Territory of Guam, July 1993'' to the extent that the Federal Government holds title to such lands. (5) The term ``public purpose'' means those public benefit purposes for which the United States may dispose of property pursuant to section 203 of the Property Act, as implemented by the Federal Property Management Regulations (41 CFR 101-47) or the specific public benefit uses set forth in section 3(c) of the Guam Excess Lands Act (Public Law 103-339; 108 Stat. 3116), except that such definition shall not include the transfer of land to an individual or entity for private use other than on a nondiscriminatory basis. (d) Exemptions.--Notwithstanding that such property may be excess real property, the provisions of this section shall not apply-- (1) to real property on Guam that is declared excess by the Department of Defense for the purpose of transferring that property to the Coast Guard; (2) to real property on Guam that is located within the Guam National Wildlife Refuge, which shall be transferred according to the following procedure: (A) The Administrator shall notify the Government of Guam and the Fish and Wildlife Service that such property has been declared excess. The Government of Guam and the Fish and Wildlife Service shall have 180 days to engage in discussions toward an agreement providing for the future ownership and management of such real property. (B) If the parties reach an agreement under subparagraph (A) within 180 days after notification of the declaration of excess, the real property shall be transferred and managed in accordance with such agreement: Provided, That such agreement shall be transmitted to the Committee on Energy and Natural Resources of the United States Senate and the appropriate committees of the United States House of Representatives not less than 60 days prior to such transfer and any such transfer shall be subject to the other provisions of this section. (C) If the parties do not reach an agreement under subparagraph (A) within 180 days after notification of the declaration of excess, the Administrator shall provide a report to Congress on the status of the discussions, together with his recommendations on the likelihood of resolution of differences and the comments of the Fish and Wildlife Service and the Government of Guam. If the subject property is under the jurisdiction of a military department, the military department may transfer administrative control over the property to the General Services Administration subject to any terms and conditions applicable to such property. In the event of such a transfer by a military department to the General Services Administration, the Department of the Interior shall be responsible for all reasonable costs associated with the custody, accountability and control of such property until final disposition. (D) If the parties come to agreement prior to congressional action, the real property shall be transferred and managed in accordance with such agreement: Provided, That such agreement shall be transmitted to the Committee on Energy and Natural Resources of the United States Senate and the appropriate committees of the United States House of Representatives not less than 60 days prior to such transfer and any such transfer shall be subject to the other provisions of this section. (E) Absent an agreement on the future ownership and use of the property, such property may not be transferred to another Federal agency or out of Federal ownership except pursuant to an Act of Congress specifically identifying such property; (3) to real property described in the Guam Excess Lands Act (Public Law 103-339; 108 Stat. 3116) which shall be disposed of in accordance with such Act; (4) to real property on Guam that is declared excess as a result of a base closure law; or (5) to facilities on Guam declared excess by the managing Federal agency for the purpose of transferring the facility to a Federal agency that has occupied the facility for a minimum of 2 years when the facility is declared excess together with the minimum land or interest therein necessary to support the facility. (e) Dual Classification Property.--If a parcel of real property on Guam that is declared excess as a result of a base closure law also falls within the boundary of the Guam National Wildlife Refuge, such parcel of property shall be disposed of in accordance with the base closure law. (f) Authority To Issue Regulations.--The Administrator of General Services, after consultation with the Secretary of Defense and the Secretary of the Interior, may issue such regulations as he deems necessary to carry out this section. SEC. 2. COMPACT IMPACT REPORTS. Section 104(e)(2) of Public Law 99-239 (99 Stat. 1770, 1788) is amended by deleting ``President shall report to the Congress with respect to the impact of the Compact on the United States territories and commonwealths and on the State of Hawaii.'' and inserting in lieu thereof, ``Governor of any of the United States territories or commonwealths or the State of Hawaii may report to the Secretary of the Interior by February 1 of each year with respect to the impacts of the compacts of free association on the Governor's respective jurisdiction. The Secretary of the Interior shall review and forward any such reports to the Congress with the comments of the Administration. The Secretary of the Interior shall, either directly or, subject to available technical assistance funds, through a grant to the affected jurisdiction, provide for a census of Micronesians at intervals no greater than 5 years from each decennial United States census using generally acceptable statistical methodologies for each of the impact jurisdictions where the Governor requests such assistance, except that the total expenditures to carry out this sentence may not exceed $300,000 in any year.''. SEC. 3. APPLICATION OF FEDERAL PROGRAMS UNDER THE COMPACTS OF FREE ASSOCIATION. (a) The freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau, respectively, and citizens thereof, shall remain eligible for all Federal programs, grant assistance, and services of the United States, to the extent that such programs, grant assistance, and services are provided to States and local governments of the United States and residents of such States, for which a freely associated State or its citizens were eligible on October 1, 1999. This eligibility shall continue through the period of negotiations referred to in section 231 of the Compact of Free Association with the Republic of the Marshall Islands and the Federated States of Micronesia, approved in Public Law 99-239, and during consideration by the Congress of legislation submitted by an Executive branch agency as a result of such negotiations. (b) Section 214(a) of the Housing Community Development Act of 1980 (42 U.S.C. 1436a(a)) is amended-- (1) by striking ``or'' at the end of paragraph (5); (2) by striking the period at the end of paragraph (6) and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(7) an alien who is lawfully resident in the United States and its territories and possessions under section 141 of the Compacts of Free Association between the Government of the United States and the Governments of the Marshall Islands, the Federated States of Micronesia (48 U.S.C. 1901 note) and Palau (48 U.S.C. 1931 note) while the applicable section is in effect: Provided, That, within Guam any such alien shall not be entitled to a preference in receiving assistance under this Act over any United States citizen or national resident therein who is otherwise eligible for such assistance.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Amends the Compact of Free Association Act of 1985 to revise certain reporting requirements with respect to the impact of the Compact on U.S. areas to authorize the Governor of any of the U.S. territories or commonwealths or the State of Hawaii to report annually to the Secretary of the Interior (currently, the President must report to Congress) with respect to the impacts of the compacts of free association on the Governor's respective jurisdiction. Declares that the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau and their citizens shall remain eligible for all U.S. Federal programs, grant assistance, and services to the same extent that such programs, grant assistance, and services are provided to States and U.S. citizens. Amends the Housing Community Development Act of 1980 to revise the conditions for making assisted housing assistance available to a resident alien to declare that such alien may be a lawful resident in the United States and its territories and possessions (under the Compacts of Free Association between the Government of the United States and the Governments of the Marshall Islands, the Federated States of Micronesia, and Palau). Provides that any alien within Guam shall not be entitled to a preference in receiving such assistance over any U.S. citizen or national resident therein.

Guam Omnibus Opportunities Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hiring Our Veterans Act of 2011''. SEC. 2. RETURNING HEROES AND WOUNDED WARRIORS WORK OPPORTUNITY TAX CREDITS. (a) In General.--Paragraph (3) of section 51(b) of the Internal Revenue Code of 1986 is amended by striking ``($12,000 per year in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(ii))'' and inserting ``($12,000 per year in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(ii)(I), $14,000 per year in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(iv), and $24,000 per year in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(ii)(II))''. (b) Returning Heroes Tax Credits.--Section 51(d)(3)(A) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of clause (3)(A)(i), and inserting the following new clauses after clause (ii)-- ``(iii) having aggregate periods of unemployment during the 1-year period ending on the hiring date which equal or exceed 4 weeks (but less than 6 months), or ``(iv) having aggregate periods of unemployment during the 1-year period ending on the hiring date which equal or exceed 6 months.''. (c) Simplified Certification.--Section 51(d) of the Internal Revenue Code of 1986 is amended by adding a new paragraph (15) as follows-- ``(15) Credit allowed for unemployed veterans.-- ``(A) In general.--Any qualified veteran under paragraphs (3)(A)(ii)(II), (3)(A)(iii), and (3)(A)(iv) will be treated as certified by the designated local agency as having aggregate periods of unemployment if-- ``(i) in the case of qualified veterans under paragraphs (3)(A)(ii)(II) and (3)(A)(iv), the veteran is certified by the designated local agency as being in receipt of unemployment compensation under State or Federal law for not less than 6 months during the 1-year period ending on the hiring date; or ``(ii) in the case of a qualified veteran under paragraph (3)(A)(iii), the veteran is certified by the designated local agency as being in receipt of unemployment compensation under State or Federal law for not less than 4 weeks (but less than 6 months) during the 1- year period ending on the hiring date. ``(B) Regulatory authority.--The Secretary in his discretion may provide alternative methods for certification.''. (d) Credit Made Available to Tax-Exempt Employers in Certain Circumstances.--Section 52(c) of the Internal Revenue Code of 1986 is amended-- (1) by striking the word ``No'' at the beginning of the section and replacing it with ``Except as provided in this subsection, no''; (2) by inserting at the end of section 52(c) the following new paragraphs-- ``(1) In general.--In the case of a tax-exempt employer, there shall be treated as a credit allowable under subpart C (and not allowable under subpart D) the lesser of-- ``(A) the amount of the work opportunity credit determined under this subpart with respect to such employer that is related to the hiring of qualified veterans described in sections 51(d)(3)(A)(ii)(II), (iii) or (iv); or ``(B) the amount of the payroll taxes of the employer during the calendar year in which the taxable year begins. ``(2) Credit amount.--In calculating for tax-exempt employers, the work opportunity credit shall be determined by substituting `26 percent' for `40 percent' in section 51(a) and by substituting `16.25 percent' for `25 percent' in section 51(i)(3)(A). ``(3) Tax-exempt employer.--For purposes of this subpart, the term `tax-exempt employer' means an employer that is-- ``(A) an organization described in section 501(c) and exempt from taxation under section 501(a), or ``(B) a public higher education institution (as defined in section 101 of the Higher Education Act of 1965). ``(4) Payroll taxes.--For purposes of this subsection-- ``(A) In general.--The term `payroll taxes' means-- ``(i) amounts required to be withheld from the employees of the tax-exempt employer under section 3401(a), ``(ii) amounts required to be withheld from such employees under section 3101(a), and ``(iii) amounts of the taxes imposed on the tax-exempt employer under section 3111(a).''. (e) Treatment of Possessions.-- (1) Payments to possessions.-- (A) Mirror code possessions.--The Secretary of the Treasury shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of the application of this section (other than this subsection). Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession of the United States. (B) Other possessions.--The Secretary of the Treasury shall pay to each possession of the United States, which does not have a mirror code tax system, amounts estimated by the Secretary of the Treasury as being equal to the aggregate credits that would have been provided by the possession by reason of the application of this section (other than this subsection) if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments. (2) Coordination with credit allowed against united states income taxes.--No increase in the credit determined under section 38(b) of the Internal Revenue Code of 1986 that is attributable to the credit provided by this section (other than this subsection (e)) shall be taken into account with respect to any person-- (A) to whom a credit is allowed against taxes imposed by the possession of the United States by reason of this section for such taxable year, or (B) who is eligible for a payment under a plan described in paragraph (1)(B) with respect to such taxable year. (3) Definitions and special rules.-- (A) Possession of the united states.--For purposes of this subsection (e), the term ``possession of the United States'' includes American Samoa, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Guam, and the United States Virgin Islands. (B) Mirror code tax system.--For purposes of this subsection, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (C) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, rules similar to the rules of section 1001(b)(3)(C) of the American Recovery and Reinvestment Tax Act of 2009 shall apply. (f) Reporting.--The taxpayer shall provide such information as the Secretary of the Treasury requires to enable the Secretary to determine the number of veterans specified by each of the categories in clauses (i) through (iv) of section 51(d)(3)(A) of the Internal Revenue Code of 1986 (as amended by this section) with respect to whom a credit is claimed under section 51(a) of such Code pursuant to the amendments made by this section. (g) Effective Date.--The amendment made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act.

Hiring Our Veterans Act of 2011 - Amends the Internal Revenue Code to: (1) increase the amount of wages eligible for the work opportunity tax credit for veterans who are hired after being unemployed for six months or more during the one-year period ending on the hiring date ($14,000 of first-year wages) or disabled veterans who are either hired within one year after discharge from active duty ($12,000 of first-year wages) or who are hired after being unemployed for six months or more during the one-year period ending on the hiring date ($24,000 of first-year wages), and (2) allow tax-exempt organizations to claim the lesser of the amount of the work opportunity tax credit for hiring veterans or the amount of the payroll taxes paid by such organizations during the calendar year.

To amend the Internal Revenue Code of 1986 to provide a credit for employing returning heroes and wounded warriors.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Health Care Fairness Act''. SEC. 2. INCLUSION OF CERTAIN COVERED BENEFICIARIES IN FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM. (a) FEHBP Option.--(1) Chapter 55 of title 10, United States Code, is amended by inserting after section 1079a the following new section: ``Sec. 1079b. Health care coverage through Federal Employees Health Benefits program ``(a) FEHBP Option.--(1) Subject to the availability of funds to carry out this section for a fiscal year, eligible beneficiaries described in subsection (b) shall be afforded an opportunity to enroll in any health benefits plan under the Federal Employee Health Benefits program under chapter 89 of title 5, United States Code, offering medical care comparable to the care authorized by section 1077 of this title to be provided under section 1076 of this title (in this section referred to as an `FEHBP plan'). ``(2) The Secretary of Defense and the other administering Secretaries shall jointly enter into an agreement with the Director of the Office of Personnel Management to carry out paragraph (1). ``(b) Eligible Beneficiaries.--(1) An eligible beneficiary referred to in subsection (a) is a covered beneficiary who is a military retiree (except a military retiree retired under chapter 1223 of this title), a dependent of such a retiree described in section 1072(2)(B) or (C), or a dependent described in section 1072(2)(A), (D), or (I) of such a retiree who enrolls in an FEHBP plan, who,-- ``(A) is not guaranteed access under TRICARE to health care that is comparable to the health care benefits provided under the service benefit plan offered under the Federal Employee Health Benefits program; ``(B) is eligible to enroll in the TRICARE program but is not enrolled because of the location of the beneficiary, a limitation on the total enrollment, or any other reason; or ``(C) is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.). ``(2) In addition to the eligibility requirements described in paragraph (1), during the first two years that covered beneficiaries are offered the opportunity to enroll in an FEHBP plan under subsection (a), eligible beneficiaries shall be limited to-- ``(A) except as provided in subparagraph (B), military retirees 65 years of age or older; and ``(B) military retirees retired under chapter 61 of this title. ``(3) An eligible beneficiary shall not be required to satisfy any eligibility criteria specified in chapter 89 of title 5 as a condition for enrollment in an FEHBP plan. ``(c) Priorities; List.--(1) Eligible beneficiaries shall be permitted to enroll in an FEHBP plan based on the order in which such beneficiaries apply to enroll in the plan. ``(2) The Secretary shall maintain a list of eligible beneficiaries who apply to enroll in an FEHBP plan, but whom the Secretary is not able to enroll because of the lack of available funds to carry out this section. ``(d) Period of Enrollment.--The Secretary shall provide a period of enrollment for eligible beneficiaries in an FEHBP plan for a period of 90 days-- ``(A) before implementation of the program described in subsection (a); and ``(B) each subsequent year thereafter. ``(e) Term of Enrollment.--(1) The minimum period of enrollment in an FEHBP plan shall be three years. ``(2) A beneficiary who elects to enroll in an FEHBP plan, and who subsequently discontinues enrollment in the plan before the end of the period described in paragraph (1), shall not be eligible to reenroll in the plan. ``(f) Receipt of Care in MTF.--(1) An eligible beneficiary enrolled in an FEHBP plan may receive care at a military medical treatment facility subject to the availability of space in such facility, except that the plan shall reimburse the facility for the cost of such treatment. The plan may adjust beneficiary copayments so that receipt of such care at a military medical treatment facility results in no additional costs to the plan, as compared with the costs that would have been incurred if care had been received from a provider in the plan. ``(g) Contributions.--(1) Contributions shall be made for an enrollment of an eligible beneficiary in a plan of the Federal Employee Health Benefits program under this section as if the beneficiary were an employee of the Federal Government. ``(2) The administering Secretary concerned shall be responsible for the Government contributions that the Director of the Office of Personnel Management determines would be payable by the Secretary under section 8906 of title 5 for an enrolled eligible beneficiary if the beneficiary were an employee of the Secretary. ``(3) Each eligible beneficiary enrolled in an FEHBP plan shall be required to contribute the amount that would be withheld from the pay of a similarly situated Federal employee who is enrolled in the same health benefits plan under chapter 89 of title 5. ``(h) Management of Participation.--The Director of the Office of Personnel Management shall manage the participation of an eligible beneficiary in a health benefits plan of the Federal Employee Health Benefits program pursuant to an enrollment under this section. The Director shall maintain separate risk pools for participating eligible beneficiaries until such time as the Director determines that inclusion of participating eligible beneficiaries under chapter 89 of title 5 will not adversely affect Federal employees and annuitants enrolled in health benefits plans under such chapter. ``(i) Reporting Requirements.--(1) Not later than November 1 of each year, the Secretary of Defense and the Director of the Office of Personnel Management shall jointly submit to Congress a report describing the provision of health care services to enrollees under this section during the preceding fiscal year. The report shall address or contain the following: ``(A) The number of eligible beneficiaries who are participating in health benefits plans of the Federal Employee Health Benefits program pursuant to an enrollment under this section, both in terms of total number and as a percentage of all covered beneficiaries who are receiving health care through the health care system of the uniformed services. ``(B) The extent to which eligible beneficiaries use the health care services available to the beneficiaries under health benefits plans pursuant to enrollments under this section. ``(C) The cost to enrollees for health care under such health benefits plans. ``(D) The cost to the Department of Defense, the Department of Transportation, the Department of Health and Human Services, and any other departments and agencies of the Federal Government of providing care to eligible beneficiaries pursuant to enrollments in such health benefits plans under this section. ``(E) A comparison of the costs determined under paragraphs (C) and (D) and the costs that would otherwise have been incurred by the United States and enrollees under alternative health care options available to the administering Secretaries. ``(F) The effects of the exercise of authority under this section on the cost, access, and utilization rates of other health care options under the health care system of the uniformed services. ``(2) Not later than the date that is four years after the date of enactment of the National Defense Authorization Act for fiscal year 1999, the Secretary of Defense shall submit to Congress a report describing-- ``(A) whether the Secretary recommends that a health care option for retired covered beneficiaries equivalent to the option described in subsection (a) be permanently offered to such beneficiaries; and ``(B) the estimated costs of offering such an option.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1079a the following: ``1079b. Health care coverage through Federal Employees Health Benefits program.''. (b) Conforming Amendments.--(1) Section 8905 of title 5, United States Code, is amended-- (A) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and (B) by inserting after subsection (c) the following new subsection (d): ``(d) An individual whom the Secretary of Defense determines is an eligible beneficiary under subsection (b) of section 1079b of title 10 may enroll in a health benefits plan under this chapter in accordance with the agreement entered into under subsection (a) of such section between the Secretary and the Office and with applicable regulations under this chapter.''. (2) Section 8906 of title 5, United States Code, is amended-- (A) in subsection (b)-- (i) in paragraph (1), by striking ``paragraphs (2) and (3)'' and inserting in lieu thereof ``paragraphs (2), (3), and (4)''; and (ii) by adding at the end the following new paragraph: ``(4) In the case of individuals who enroll in a health plan under section 8905(d) of this title, the Government contribution shall be determined under section 1079b(g) of title 10.''; and (B) in subsection (g)-- (i) in paragraph (1), by striking ``paragraph (2)'' and inserting in lieu thereof ``paragraphs (2) and (3)''; and (ii) by adding at the end the following new paragraph: ``(3) The Government contribution described in subsection (b)(4) for beneficiaries who enroll under section 8905(d) of this title shall be paid as provided in section 1079b(g) of title 10.''. (c) Implementation.--The Secretary of Defense-- (1) shall begin to offer the health benefits option under section 1079b(a) of title 10, United States Code (as added by subsection (a)) not later than the date that is 6 months after the date of the enactment of this Act; and (2) shall continue to offer such option through the year 2003, and to provide care to eligible covered beneficiaries under such section through the year 2005. (d) Authorization of Appropriations.--Out of funds authorized to be appropriated for the Department of Defense for military personnel, there shall be available to offer the health benefits option under section 1079b(a) of title 10, United States Code (as added by subsection (a)), the following: (1) $100 million for fiscal year 1999. (2) $200 million for fiscal year 2000. (3) $300 million for fiscal year 2001. (4) $400 million for fiscal year 2002. (5) $500 million for fiscal year 2003. (6) such sums as necessary for fiscal year 2004. (7) such sums as necessary for fiscal year 2005.

Military Health Care Fairness Act - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to allow certain eligible covered beneficiaries to enroll in any health benefits plan under the Federal Employee Health Benefits Program (FEHB) offering medical care comparable to that offered under CHAMPUS. Includes as an eligible beneficiary a military retiree (with an exception) or dependent who: (1) is not guaranteed access under TRICARE (a Department of Defense (DOD) managed care program) to health care comparable to health care provided under the FEHB; (2) is eligible to enroll in the TRICARE Program but is not so enrolled because of location, total enrollment limitations, or any other reason; or (3) is entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act. Limits eligible beneficiaries during the first two years of enrollment to military retirees who are: (1) 65 years of age or older; or (2) retired or separated due to physical disability. States that any eligible beneficiary shall not be required to satisfy any FEHB eligibility criteria as a condition for enrollment. Provides for: (1) an enrollment period and a three-year minimum enrollment term; (2) authorized treatment in a military medical treatment facility; (3) enrollment contributions; (4) participation management by the Director of the Office of Personnel Management (OPM); and (5) annual reports from the Secretary of Defense and the OPM Director concerning the provision of such care. Directs the Secretary, within four years after the date of enactment of the National Defense Authorization Act for Fiscal Year 1999, to report to the Congress on whether such health care option should be made permanent and on the estimated costs of such option. Directs the Secretary to: (1) begin to offer such option no later than six months after enactment of this Act; and (2) continue to offer such option through 2003, and to provide care to eligible beneficiaries through 2005. Provides program funding for FY 1999 through 2005 from amounts authorized for appropriation to DOD for military personnel.

Military Health Care Fairness Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid State Long-Term Care Partnership Program Act of 2005''. SEC. 2. EXPANSION OF STATE LONG-TERM CARE PARTNERSHIP PROGRAM. (a) In General.--Section 1917(b) of the Social Security Act (42 U.S.C. 1396p(b)) is amended-- (1) in paragraph (1)(C)(i), by striking ``shall seek adjustment'' and inserting ``may seek adjustment''; (2) in paragraph (1)(C)(ii), by inserting ``or which has a State plan amendment that provides for a qualified State long- term care insurance partnership (as defined in clause (iii))'' after ``1993,''; (3) by adding at the end of paragraph (1)(C) the following new clauses: ``(iii) For purposes of this paragraph, the term `qualified State long-term care insurance partnership' means a State plan amendment under this title that provides for the disregard of any assets or resources in an amount equal to the insurance benefit payments that are made under a long-term care insurance policy (including a certificate issued under a group insurance contract), regardless of whether the policy was issued before the effective date of such plan amendment, if the following requirements are met: ``(I) The policy covers an insured who, when coverage first became effective under the policy, was a resident of such State or of another State that had such a partnership in effect or that had in effect a State plan amendment described in clause (ii) that was approved as of May 19, 1993. ``(II) The policy meets the requirements of State law in the State in which it is issued. ``(III) The policy is a qualified long-term care insurance policy (as defined in section 7702B(b) of the Internal Revenue Code of 1986). ``(IV) Such disregard shall not apply if the policy was originally issued to the insured when the insured resided in another State, unless that other State continues to have a qualified State long-term care insurance partnership in effect. ``(V) If the policy does not provide some level of inflation protection, the insured was offered, before the policy was sold, a long-term care insurance policy that provides some level of inflation protection. ``(VI) The State plan amendment provides for agent training for the sale of long-term care insurance policies under the partnership. ``(VII) The issuer of the policy provides regular reports to the Secretary that include, in accordance with regulations of the Secretary (promulgated after consultation with the States), notification regarding when all benefits provided under the policy have been paid and the amount of such benefits paid, when the policy otherwise terminates, and such other information as the Secretary determines may be appropriate to the administration of such partnerships. ``(VIII) The State does not impose any requirement affecting the terms or benefits of such a policy unless the State imposes such requirement on long-term care insurance policies without regard to whether the policy is covered under the partnership or is offered in connection with such a partnership. In the case of a long-term care insurance policy which is exchanged for another such policy, subclause (I) shall be applied based on the coverage of the first such policy that was exchanged. ``(iv) The Secretary-- ``(I) as appropriate, shall provide copies of the reports described in clause (iii)(VII) to the State involved; and ``(II) shall promote the education of consumers regarding qualified State long-term care insurance partnerships.''; and (4) in paragraph (4)(B), by striking ``(and shall include, in the case of an individual to whom paragraph (1)(C)(i) applies)''. (b) Application of Certain Requirements to Existing Partnership Programs.--Subparagraph (C) of such section, as amended by subsection (a), is further amended-- (1) in clause (ii), by inserting ``(subject to clause (v))'' after ``under a State plan of a State which''; and (2) by adding at the end the following new clause: ``(v) Clause (ii) shall continue to apply to a State plan amendment approved as of May 19, 1993, only if the State plan amendment-- ``(I) is modified by not later than 30 days after the date of the enactment of this Act to meet the requirements of subclauses (III) and (V) of clause (iii); and ``(II) is modified by not later than 1 year after such date of enactment to meet the requirement of clause (iii)(VI).''.

Medicaid State Long-Term Care Partnership Program Act of 2005 - Amends title XIX (Medicaid) with respect to the requirement that a state seek adjustment or recovery of any medical assistance correctly paid on behalf of an individual under the state plan in the case of an individual who has received (or is entitled to receive) benefits under a long-term care insurance policy in connection with which assets or resources are disregarded in specified manner. Converts to a discretionary option the current requirement that the state seek adjustment or recovery from an individual's estate on account of medical assistance paid on the individual's behalf for nursing facility and other long-term care services. Exempts from application of such authority the case of an individual who received medical assistance under a state plan of a state which has a state plan amendment that provides for a qualified state long-term care insurance partnership. Defines "qualified state long-term care insurance partnership" to mean a state plan amendment under title XIX that provides for the disregard of any assets or resources in an amount equal to the insurance benefit payments that are made under a long-term care insurance policy, regardless of whether the policy was issued before the effective date of such plan amendment, if specified requirements are met. Directs the Secretary of Health and Human Services to promote the education of consumers regarding qualified state long-term care insurance partnerships.

To amend title XIX of the Social Security Act to expand State long-term care partnership programs under the Medicaid Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010''. SEC. 2. PLACEMENT OF SUSPECTED UNPRIVILEGED ENEMY BELLIGERENTS IN MILITARY CUSTODY. (a) Military Custody Requirement.--Whenever within the United States, its territories, and possessions, or outside the territorial limits of the United States, an individual is captured or otherwise comes into the custody or under the effective control of the United States who is suspected of engaging in hostilities against the United States or its coalition partners through an act of terrorism, or by other means in violation of the laws of war, or of purposely and materially supporting such hostilities, and who may be an unprivileged enemy belligerent, the individual shall be placed in military custody for purposes of initial interrogation and determination of status in accordance with the provisions of this Act. (b) Reasonable Delay for Intelligence Activities.--An individual who may be an unprivileged enemy belligerent and who is initially captured or otherwise comes into the custody or under the effective control of the United States by an intelligence agency of the United States may be held, interrogated, or transported by the intelligence agency and placed into military custody for purposes of this Act if retained by the United States within a reasonable time after the capture or coming into the custody or effective control by the intelligence agency, giving due consideration to operational needs and requirements to avoid compromise or disclosure of an intelligence mission or intelligence sources or methods. SEC. 3. INTERROGATION AND DETERMINATION OF STATUS OF SUSPECTED UNPRIVILEGED ENEMY BELLIGERENTS. (a) Establishment of Interrogation Groups.-- (1) Establishment authorized.--The President is authorized to establish an interagency team for purposes as follows: (A) To interrogate under subsection (b) individuals placed in military custody under section 2. (B) To make under subsection (c)(1) a preliminary determination of the status of individuals described in section 2. (2) Composition.--Each interagency team under this subsection shall be composed of such personnel of the Executive Branch having expertise in matters relating to national security, terrorism, intelligence, interrogation, or law enforcement as the President considers appropriate. The members of any particular interagency team may vary depending on the skills most relevant to a particular case. (3) Designations.-- (A) High-value detainee.--An individual placed in military custody under section 2 shall, while subject to interrogation and determination of status under this section, be referred to as a ``high-value detainee'' if the individual meets the criteria for treatment as such established in the regulations required by subsection (d). (B) High-value detainee interrogation group.--An interagency team established under this subsection shall be known as a ``high-value detainee interrogation group''. (b) Interrogations.-- (1) Interrogations to be conducted by high-value detainee interrogation group.--A high-value detainee interrogation group established under this section shall conduct the interrogations of each high-value detainee. (2) Utilization of other personnel.--A high-value detainee interrogation group may utilize military and intelligence personnel, and Federal, State, and local law enforcement personnel, in conducting interrogations of a high-value detainee. The utilization of such personnel for the interrogation of a detainee shall not alter the responsibility of the interrogation group for the coordination within the Executive Branch of the interrogation of the detainee or the determination of status and disposition of the detainee under this Act. (3) Inapplicability of certain statement and rights.--A individual who is suspected of being an unprivileged enemy belligerent shall not, during interrogation under this subsection, be provided the statement required by Miranda v. Arizona (384 U.S. 436 (1966)) or otherwise be informed of any rights that the individual may or may not have to counsel or to remain silent consistent with Miranda v. Arizona. (c) Determinations of Status.-- (1) Preliminary determination by high-value detainee interrogation group.--The high-value detainee interrogation group responsible for interrogating a high-value detainee under subsection (b) shall make a preliminary determination whether or not the detainee is an unprivileged enemy belligerent. The interrogation group shall make such determination based on the result of its interrogation of the individual and on all intelligence information available to the interrogation group. The interrogation group shall, after consultation with the Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Director of the Central Intelligence Agency, submit such determination to the Secretary of Defense and the Attorney General. (2) Final determination.--As soon as possible after receipt of a preliminary determination of status with respect to a high-value detainee under paragraph (1), the Secretary of Defense and the Attorney General shall jointly submit to the President and to the appropriate committees of Congress a final determination whether or not the detainee is an unprivileged enemy belligerent for purposes of this Act. In the event of a disagreement between the Secretary of Defense and the Attorney General, the President shall make the final determination. (3) Deadline for determinations.--All actions required regarding a high-value detainee under this subsection shall, to the extent practicable, be completed not later than 48 hours after the detainee is placed in military custody under section 2. (d) Regulations.-- (1) In general.--The operations and activities of high- value detainee interrogation groups under this section shall be governed by such regulations and guidance as the President shall establish for purposes of implementing this section. The regulations shall specify the officer or officers of the Executive Branch responsible for determining whether an individual placed in military custody under section 2 meets the criteria for treatment as a high-value detainee for purposes of interrogation and determination of status by a high-value interrogation group under this section. (2) Criteria for designation of individuals as high-value detainees.--The regulations required by this subsection shall include criteria for designating an individual as a high-value detainee based on the following: (A) The potential threat the individual poses for an attack on civilians or civilian facilities within the United States or upon United States citizens or United States civilian facilities abroad at the time of capture or when coming under the custody or control of the United States. (B) The potential threat the individual poses to United States military personnel or United States military facilities at the time of capture or when coming under the custody or control of the United States. (C) The potential intelligence value of the individual. (D) Membership in al Qaeda or in a terrorist group affiliated with al Qaeda. (E) Such other matters as the President considers appropriate. (3) Paramount purpose of interrogations.--The regulations required by this subsection shall provide that the paramount purpose of the interrogation of high-value detainees under this Act shall be the protection of United States civilians and United States civilian facilities through thorough and professional interrogation for intelligence purposes. (4) Submittal to congress.--The President shall submit the regulations and guidance required by this subsection to the appropriate committees of Congress not later than 60 days after the date of the enactment of this Act. SEC. 4. LIMITATION ON PROSECUTION OF ALIEN UNPRIVILEGED ENEMY BELLIGERENTS. (a) Limitation.--No funds appropriated or otherwise made available to the Department of Justice may be used to prosecute in an Article III court in the United States, or in any territory or possession of the United States, any alien who has been determined to be an unprivileged enemy belligerent under section 3(c)(2). (b) Applicability Pending Final Determination of Status.--While a final determination on the status of an alien high-value detainee is pending under section 3(c)(2), the alien shall be treated as an unprivileged enemy belligerent for purposes of subsection (a). SEC. 5. DETENTION WITHOUT TRIAL OF UNPRIVILEGED ENEMY BELLIGERENTS. An individual, including a citizen of the United States, determined to be an unprivileged enemy belligerent under section 3(c)(2) in a manner which satisfies Article 5 of the Geneva Convention Relative to the Treatment of Prisoners of War may be detained without criminal charges and without trial for the duration of hostilities against the United States or its coalition partners in which the individual has engaged, or which the individual has purposely and materially supported, consistent with the law of war and any authorization for the use of military force provided by Congress pertaining to such hostilities. SEC. 6. DEFINITIONS. In this Act: (1) Act of terrorism.--The term ``act of terrorism'' means an act of terrorism as that term is defined in section 101(16) of the Homeland Security Act of 2002 (6 U.S.C. 101(16)). (2) Alien.--The term ``alien'' means an individual who is not a citizen of the United States. (3) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Homeland Security, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives. (4) Article iii court.--The term ``Article III court'' means a court of the United States established under Article III of the Constitution of the United States. (5) Coalition partner.--The term ``coalition partner'', with respect to hostilities engaged in by the United States, means any State or armed force directly engaged along with the United States in such hostilities or providing direct operational support to the United States in connection with such hostilities. (6) Geneva convention relative to the treatment of prisoners of war.--The term ``Geneva Convention Relative to the Treatment of Prisoners of War'' means the Geneva Convention Relative to the Treatment of Prisoners of War, done at Geneva August 12, 1949 (6 UST 3316). (7) Hostilities.--The term ``hostilities'' means any conflict subject to the laws of war, and includes a deliberate attack upon civilians and civilian targets protected by the laws of war. (8) Privileged belligerent.--The term ``privileged belligerent'' means an individual belonging to one of the eight categories enumerated in Article 4 of the Geneva Convention Relative to the Treatment of Prisoners of War. (9) Unprivileged enemy belligerent.--The term ``unprivileged enemy belligerent'' means an individual (other than a privileged belligerent) who-- (A) has engaged in hostilities against the United States or its coalition partners; (B) has purposely and materially supported hostilities against the United States or its coalition partners; or (C) was a part of al Qaeda at the time of capture. SEC. 7. EFFECTIVE DATE. This Act shall take effect on the date of the enactment of this Act, and shall apply with respect to individuals who are captured or otherwise come into the custody or under the effective control of the United States on or after that date.

Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010 - Requires an individual who is suspected of engaging in hostilities against the United States or its coalition partners through an act of terrorism and who may be an unprivileged enemy belligerent to be placed in military custody for purposes of initial interrogation and determination of status. Allows the detention and interrogation of such individuals for a reasonable time after capture or coming into custody. Defines "unprivileged enemy belligerent" as an individual who: (1) has engaged in hostilities against the United States or its coalition partners; (2) has purposely and materially supported hostilities against the United States or its coalition partners; or (3) was a part of al Qaeda at the time of capture. Authorizes the President to establish an interagency team composed of executive branch personnel with expertise in national security, terrorism, intelligence, interrogation, or law enforcement to interrogate an individual placed in military custody and to determine if such individual is an unprivileged enemy belligerent. Designates such team as a high-value detainee interrogation group. Designates certain individuals in military custody as high value detainees based upon the potential threat such individuals pose for an attack on the United States, its citizens, or military personnel, the potential intelligence value of such individuals, or membership in al Qaeda or an affiliated terrorist group. Directs the high-value detainee interrogation group to conduct interrogations of such individuals and make preliminary determinations whether such individuals are unprivileged enemy belligerents. Deems as the paramount purpose of such interrogations the protection of U.S. civilians and facilities through thorough and professional interrogation for intelligence purposes. Prohibits the use of Department of Justice (DOJ) appropriated funds to prosecute an unprivileged enemy belligerent in an Article III court. Allows the detention of an unprivileged enemy belligerent without criminal charges or trial for the duration of hostilities against the United States or its coalition partners in which the individual has engaged or which the individual has purposely and materially supported.

A bill to provide for the interrogation and detention of enemy belligerents who commit hostile acts against the United States, to establish certain limitations on the prosecution of such belligerents for such acts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Service Members' Enhanced Transition Services Act of 2005''. SEC. 2. TRANSMITTAL TO DEPARTMENT OF VETERANS AFFAIRS OF MEDICAL RECORDS OF ALL MEMBERS SEPARATING FROM ACTIVE DUTY. Chapter 58 of title 10, United States Code, is amended-- (1) by inserting before subsection (c) of section 1142 the following: ``Sec. 1142a. Members separating from active duty: transmittal of medical records to Department of Veterans Affairs''; and (2) in section 1142a, as designated by paragraph (1)-- (A) by striking ``(c) Transmittal of Medical Information to Department of Veterans Affairs.--''; (B) by striking ``a member being medically separated or being retired under chapter 61 of this title'' and inserting ``each member of the armed forces being discharged, released from active duty, or retired''; and (C) by inserting ``of the member'' before the period at the end. SEC. 3. PRESEPARATION COUNSELING AND TRANSITION SERVICES. (a) Individualized Services, etc.--Subsection (a) of section 1142 of title 10, United States Code, is amended-- (1) in the first sentence of paragraph (1)-- (A) by striking ``shall (except as provided in paragraph (4)) provide for individual preseparation counseling of'' and inserting ``shall (except as provided in paragraph (7)) provide preseparation counseling and additional individualized transition services to''; and (B) by inserting ``under conditions other than dishonorable'' after ``active duty''; (2) by redesignating paragraph (4) as paragraph (7); and (3) by inserting after paragraph (3) the following new paragraphs: ``(4) For members of the reserve components being separated from service on active duty for a period of more than 30 days, the Secretary concerned shall require that preseparation counseling and services under this section be provided to all such members before the members are separated. ``(5) In carrying out this section, the Secretary concerned shall ensure that such counseling and services are provided to officers as well as enlisted members. ``(6) The Secretary concerned shall ensure that commanders of members who are required to be provided preseparation counseling and services under this section authorize the members to be provided such counseling and services during duty time.''. (b) Additional Information to Be Provided.--Subsection (b) of such section is amended-- (1) by striking ``Counseling.--Counseling under'' and inserting ``Counseling and Additional Individualized Transitional Services.--Counseling and additional individualized transitional services under''; (2) by striking ``(4) Information concerning Government'' and inserting the following: ``(4) Provision of information concerning civilian occupations and related assistance programs, including information about-- ``(A) certification and licensure requirements that are applicable to civilian occupations; ``(B) civilian occupations that correspond to military occupational specialties; and ``(C) Government''; and (3) by adding at the end the following new paragraphs: ``(11) Information concerning the priority of service for veterans in the receipt of employment, training, and placement services provided under qualified job training programs of the Department of Labor. ``(12) Information concerning veterans small business ownership and entrepreneurship programs of the Small Business Administration and the National Veterans Business Development Corporation. ``(13) Information concerning employment and reemployment rights and obligations under chapter 43 of title 38. ``(14) Information concerning veterans preference in Federal employment and Federal procurement opportunities. ``(15) Information concerning homelessness, including risk factors, awareness assessment, and contact information for preventative assistance associated with homelessness. ``(16) Contact information for housing counseling and assistance. ``(17) A description (to be developed with the assistance of the Secretary of Veterans Affairs) of the health care and other benefits to which the member may be entitled under the laws administered by the Secretary of Veterans Affairs. ``(18) In the case of a member who, as determined pursuant to the preseparation physical examination conducted under section 1145(d) of this title, may be eligible for compensation or pension benefits under the laws administered by the Secretary of Veterans Affairs, a referral (to be provided with the assistance of the Secretary of Veterans Affairs) for a medical examination by the Secretary of Veterans Affairs referred to as a compensation and pension examination.''. (c) Additional Provisions.--Such section is further amended by adding at the end the following new subsections: ``(c) Content Relevant to Regular and Reserve Component Members.-- The Secretary concerned shall ensure that preseparation counseling and services under this section include material that is specifically relevant to the needs of members being separated from active duty from a regular component, the needs of members of the reserve components being separated from active duty, and the needs of members of the National Guard being separated from full-time National Guard duty. ``(d) Locations for Services to Be Provided.--The Secretary concerned shall ensure that the locations at which preseparation counseling and services are provided under this section include the following: ``(1) Each military installation under the jurisdiction of the Secretary. ``(2) Each armory and military family support center of the National Guard. ``(3) Each inpatient medical care facility of the uniformed services. ``(4) In the case of a member on the temporary disability retired list under section 1202 or 1205 of this title who is being retired under another provision of this title or is being discharged, a location reasonably convenient to the member. Counselors for the provision of preseparation counseling and services may be made available on a appointment basis and need not be stationed at the facilities specified in paragraphs (1) through (4) permanently. ``(e) Consistency of Materials.--The Secretary concerned shall ensure that the scope and content of the materials presented as part of preseparation counseling and services at each location under this section are consistent with the scope and content of the materials presented as part of the preseparation counseling and services at the other locations under this section. ``(f) Post-Separation Follow-Up for Reserve Component Members.--The Secretary concerned shall ensure that follow-up counseling is provided for each member of a reserve component separated from active duty not later than 180 days after such separation. ``(g) Updated Content of Materials and Activities.--The Secretary concerned shall, on a continuing basis, update the content of the materials used by the National Veterans Training Institute and other activities of the Secretary that provide direct training support to personnel who provide preseparation counseling and other services under this section. ``(h) National Guard Members on Duty in State Status.--Members of the National Guard being separated from duty to which ordered under section 502(f) of title 32 shall be provided preseparation counseling and services under this section to the same extent that members of a reserve component being discharged or released from active duty are provided preseparation counseling and services under this section. ``(i) Minimum Required Individualized Services.--(1) In carrying out this section, the Secretary concerned ensure that at least eight hours of individualized transition services are provided, in addition to preseparation counseling and group workshops, for each member provided counseling and services under this section. ``(2) In order to ensure that the requirements of paragraph (1) are met, the Secretary concerned shall ensure, for each fiscal year, that there is allocated, from the appropriate operation and maintenance or military personnel accounts, such amounts as necessary to provide for the individualized transition services required under that paragraph for each member expected to receive such services during the fiscal year.''. (d) Clerical Amendments.-- (1) Section heading.--The heading for section 1142 of such title is amended to read as follows: ``Sec. 1142. Members separating from active duty: preseparation counseling and transition services''. (2) Table of sections.--The table of sections at the beginning of chapter 58 of such title is amended by striking the item relating to section 1142 and inserting the following new items: ``1142. Members separating from active duty: preseparation counseling and transition services. ``1142a. Members separating from active duty: transmittal of medical records to Department of Veterans Affairs.''. SEC. 4. DEPARTMENT OF LABOR TRANSITIONAL ASSISTANCE PROGRAM. (a) Additional Elements of Program.--Subsection (b) of section 1144 of title 10, United States Code, is amended by adding at the end the following new paragraphs: ``(9) Provide information concerning the priority of service for veterans in the receipt of employment, training, and placement services provided under qualified job training programs of the Department of Labor. ``(10) Provide information concerning veterans small business ownership and entrepreneurship programs of the Small Business Administration and the National Veterans Business Development Corporation. ``(11) Provide information concerning employment and reemployment rights and obligations under chapter 43 of title 38. ``(12) Provide information concerning veterans preference in Federal employment and Federal procurement opportunities. ``(13) Provide information concerning homelessness, including risk factors, awareness assessment, and contact information for preventative assistance associated with homelessness. ``(14) Provide contact information for housing counseling and assistance. ``(15) A description (to be developed with the assistance of the Secretary of Veterans Affairs) of the health care and other benefits to which the member may be entitled under the laws administered by the Secretary of Veterans Affairs. ``(16) In the case of a member who, as determined pursuant to the preseparation physical examination conducted under section 1145(d) of this title, may be eligible for compensation or pension benefits under the laws administered by the Secretary of Veterans Affairs, a referral (to be provided with the assistance of the Secretary of Veterans Affairs) for a compensation and pension examination by the Secretary of Veterans Affairs.''. (b) Required Participation for Certain Members.--Subsection (c) of such section is amended to read as follows: ``(c) Participation.--(1) Subject to paragraph (2), the Secretary of Defense and the Secretary of Homeland Security shall require participation by members of the armed forces eligible for assistance under the program carried out under this section. ``(2) The Secretary of Defense and the Secretary of Homeland Security need not require, but shall encourage and otherwise promote, participation in the program by the following members described in paragraph (1): ``(A) A member who has previously participated in the program. ``(B) A member who, upon discharge or release from active duty, is returning to-- ``(i) a position of employment; or ``(ii) pursuit of an academic degree or other educational or occupational training objective that the member was pursuing when called or ordered to such active duty. ``(3) Members of the armed forces eligible for assistance under this section include members of the reserve components being separated from service on active duty for a period of more than 30 days and members of the National Guard being separated from full-time National Guard duty. ``(4) The Secretary concerned shall ensure that commanders of members who are required to be provided assistance under this section authorize the members to be provided such assistance during duty time.''. (c) Required Updating of Materials.--Such section is further amended by adding at the end the following new subsection: ``(e) Updating of Materials.--The Secretary shall, on a continuing basis, update the content of the materials used by the National Veterans Training Institute of the Department of Labor and the Secretary's other materials that provide direct training support to personnel who carry out the program established in this section.''. (d) Cross-Reference Amendment.--Subsection (a)(1) of such section is amended by striking ``paragraph (4)(A)'' in the second sentence and inserting ``paragraph (7)(A)''.

Service Members' Enhanced Transition Services Act of 2005 - Requires the Secretary concerned to transmit to the Secretary of Veterans Affairs the service medical records of each Armed Forces member who is entitled to preseparation counseling and other services. Directs the Secretary concerned to: (1) require preseparation counseling for members (including officers) of reserve components being separated from service on active duty for more than 30 days; and (2) ensure that commanders authorize such members to obtain counseling during duty time. Requires preseparation counseling on: (1) certification and licensure requirements for civilian occupations; (2) civilian occupations that correspond to military occupational specialties; and (3) Government employment. Enlarges the scope of counseling topics. Extends preseparation counseling to members of the National Guard being separated from long-term duty. States that counseling locations shall include: (1) military installations; (2) armories and military family support centers of the National Guard; (3) Armed Forces inpatient medical care facilities; and (4) locations reasonably convenient for members on the temporary disability retired list. Directs the Secretaries of Defense and Homeland Security to require participation in the Department of Labor transitional services program unless members previously participated in the program or are returning to previously held employment or educational pursuits. Enlarges the scope of the Department of Labor transitional services program. Makes members of the reserve components being separated from service on active duty for a period of more than 30 days and members of the National Guard being separated from full-time National Guard duty eligible for such program.

To amend title 10, United States Code, to improve transition assistance provided to members of the Armed Forces being discharged, released from active duty, or retired, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Puerto Rico Medicare Part B Equity Act of 2013''. SEC. 2. APPLICATION OF PART B DEEMED ENROLLMENT PROCESS TO RESIDENTS OF PUERTO RICO; SPECIAL ENROLLMENT PERIOD AND LIMIT ON LATE ENROLLMENT PENALTIES. (a) Application of Part B Deemed Enrollment Process to Residents of Puerto Rico.--Section 1837(f)(3) of the Social Security Act (42 U.S.C. 1395p(f)(3)) is amended by striking ``, exclusive of Puerto Rico''. (b) Effective Date.--The amendment made by subsection (a) shall apply to individuals whose initial enrollment period under section 1837(d) of the Social Security Act begins on or after the first day of the effective month, specified by the Secretary of Health and Human Services under section 1839(j)(1)(C) of such Act, as added by subsection (c)(2). (c) Transition Providing Special Enrollment Period and Limit on Late Enrollment Penalties for Certain Medicare Beneficiaries.--Section 1839 of the Social Security Act (42 U.S.C. 1395r) is amended-- (1) in the first sentence of subsection (b), by inserting ``subject to section 1839(j)(2),'' after ``subsection (i)(4) or (l) of section 1837,''; and (2) by adding at the end the following new subsection: ``(j) Special Rules for Certain Residents of Puerto Rico.-- ``(1) Special enrollment period, coverage period for residents who are eligible but not enrolled.-- ``(A) In general.--In the case of a transition individual (as defined in paragraph (3)) who is not enrolled under this part as of the day before the first day of the effective month (as defined in subparagraph (C)), the Secretary shall provide for a special enrollment period under section 1837 of 7 months beginning with such effective month during which the individual may be enrolled under this part. ``(B) Coverage period.--In the case of such an individual who enrolls during such special enrollment period, the coverage period under section 1838 shall begin on the first day of the second month after the month in which the individual enrolls. ``(C) Effective month defined.--In this section, the term `effective month' means a month, not earlier than October 2014 and not later than January 2015, specified by the Secretary. ``(2) Reduction in late enrollment penalties for current enrollees and individuals enrolling during transition.-- ``(A) In general.--In the case of a transition individual who is enrolled under this part as of the day before the first day of the effective month or who enrolls under this part on or after the date of the enactment of this subsection but before the end of the special enrollment period under paragraph (1)(A), the amount of the late enrollment penalty imposed under section 1839(b) shall be recalculated by reducing the penalty to 15 percent of the penalty otherwise established. ``(B) Application.--Subparagraph (A) shall be applied in the case of a transition individual who-- ``(i) is enrolled under this part as of the month before the effective month, for premiums for months beginning with such effective month; or ``(ii) enrolls under this part on or after the date of the enactment of this Act and before the end of the special enrollment period under paragraph (1)(A), for premiums for months during the coverage period under this part which occur during or after the effective month. ``(C) Loss of reduction if individual terminates enrollment.--Subparagraph (A) shall not apply to a transition individual if the individual terminates enrollment under this part after the end of the special enrollment period under paragraph (1). ``(3) Transition individual defined.--In this section, the term `transition individual' means an individual who resides in Puerto Rico and who would have been deemed enrolled under this part pursuant to section 1837(f) before the first day of the effective month but for the fact that the individual was a resident of Puerto Rico, regardless of whether the individual is enrolled under this part as of such first day.''.

Puerto Rico Medicare Part B Equity Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to repeal the exclusion of residents of Puerto Rico from deemed enrollment under part B (Supplementary Medical Insurance Benefits) and thus apply it to them. Directs the Secretary of Health and Human Services (HHS) to provide for a special seven-month enrollment period for such residents. Requires recalculation of the late enrollment penalty to 15% of the usual penalty for residents of Puerto Rico who are current enrollees or who enroll during a specified transition period.

Puerto Rico Medicare Part B Equity Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer ID Protection and Fraud Prevention Act''. SEC. 2. INCOME TAX REFUNDS WITH RESPECT TO ELECTRONICALLY FILED RETURNS REQUIRED TO BE MADE BY ELECTRONIC FUNDS TRANSFER. (a) In General.--Section 6402 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(n) Refunds To Be Made by Electronic Funds Transfer.-- ``(1) In general.--Except as otherwise provided in this subsection, any refund or payment made by the Secretary under this title with respect to an income tax return which is filed electronically shall be made by electronic funds transfer. ``(2) Exceptions.--The Secretary may, based on standards developed by the Secretary, waive the application of paragraph (1) to refunds or payments-- ``(A) to persons or classes of persons for whom compliance imposes a hardship, including persons who do not have access to any of the methods by which the Secretary makes payments by electronic funds transfer (including bank accounts, prepaid debit cards, Direct Express Cards, digital wallets, and any other secured electronic payment method as may identified by the Secretary), and ``(B) in other circumstances as may be necessary. ``(3) Regulations.--The Secretary shall issue such regulations or other guidance as may be necessary to increase the percentage of refunds and payments made by electronic funds transfer, including regulations or other guidance which-- ``(A) requires recipients of refunds or payments required to be made by electronic funds transfer to-- ``(i) designate one or more financial institutions or other authorized agents to which such payments shall be made, and ``(ii) provide information necessary for such recipient to receive such refund or payment by electronic funds transfer, and ``(B) ensures that persons required to have an account at a financial institution under subparagraph (A) because of the application of paragraph (1)-- ``(i) will have access to such an account at a reasonable cost, and ``(ii) are given the same consumer protections with respect to such account as other account holders at the same financial institution.''. (b) No Inference With Respect to Form of Electronic Funds Transfer.--Nothing in the amendment made by this section shall be interpreted to restrict the form of electronic funds transfer by which the Secretary of the Treasury, or his designee, may make refunds or payments. (c) Effective Date.--The amendment made by this section shall apply to refunds and payments made after December 31, 2019. SEC. 3. REFUNDS TO PREPAID DEBIT CARDS, DIRECT EXPRESS CARDS, ETC. The Secretary of the Treasury, or his designee, shall-- (1) to the maximum extent practicable, allow income tax refunds to be made by electronic funds transfer to prepaid debit cards, Direct Express cards, digital wallets, and any other secure electronic payment method as may be determined by the Secretary, (2) ensure that taxpayers are aware of the various methods referred to in paragraph (1) by which taxpayers may received income tax refunds by electronic funds transfer, and (3) revise references in materials provided to taxpayers (including income tax returns and instructions) to ensure that the various accounts to which refunds may be made are referenced, not simply checking and savings accounts. SEC. 4. REPORT ON IMPLEMENTATION OF REQUIREMENT THAT ALL INCOME TAX REFUNDS BE MADE BY ELECTRONIC FUNDS TRANSFER. Not later than the date which is 1 year after the date of the enactment of this Act, the Secretary of the Treasury, or the Secretary's delegate, shall submit a written report to Congress describing how the Secretary would implement a requirement that all income tax refunds be made by electronic funds transfer. Such report shall include any legislative recommendations that the Secretary may have with respect to the implementation of such a requirement. SEC. 5. DECREASE IN RETURN THRESHOLD FOR REQUIRING ELECTRONIC FILING. (a) In General.--Section 6011(e)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``250'' and inserting ``25''. (b) Effective Date.--The amendment made by this section shall apply to returns the due date for which (determined without regard to extensions) is after December 31, 2018. SEC. 6. MODIFICATION OF EARLIEST DATE ON WHICH CREDITS OR REFUNDS IN CONNECTION WITH CHILD TAX CREDIT AND EARNED INCOME TAX CREDIT ARE MADE. (a) In General.--Section 6402(m) of the Internal Revenue Code of 1986 is amended by striking ``the 15th day of the second month'' and inserting ``the 1st day of the third month''. (b) Effective Date.--The amendment made by this section shall apply to credits or refunds made after December 31, 2018. SEC. 7. ANNUAL REPORT ON IMPROPER PAYMENTS. The Secretary of the Treasury, or the Secretary's delegate, shall annually submit a written report to Congress which identifies the aggregate amounts of improper payments made by the Internal Revenue Service. Such report shall separately state the aggregate amount of such payments by relevant subcategories. Such subcategories shall include underpayments, overpayments, payments attributable to identity theft, payments attributable to misidentification other than identity theft, payments attributable to other fraud, and such other subcategories as the Secretary determines would be useful. SEC. 8. PUBLIC-PRIVATE PARTNERSHIP TO ADDRESS IDENTITY THEFT. The Secretary of the Treasury (or the Secretary's delegate) shall work collaboratively with the public and private sectors to protect taxpayers from identity theft refund fraud. SEC. 9. RECOMMENDATIONS OF ELECTRONIC TAX ADMINISTRATION ADVISORY COMMITTEE REGARDING IDENTITY THEFT REFUND FRAUD. The Secretary of the Treasury shall ensure that the advisory group convened by the Secretary pursuant to section 2001(b)(2) of the Internal Revenue Service Restructuring and Reform Act of 1998 (commonly known as the Electronic Tax Administration Advisory Committee) studies (including by providing organized public forums) and makes recommendations to the Secretary regarding methods to prevent identity theft refund fraud.

Taxpayer ID Protection and Fraud Prevention Act This bill amends the Internal Revenue Code to establish or modify various requirements related to protecting taxpayer identities and filing tax returns electronically. The bill requires: tax refunds for electronically filed returns to be made by electronic funds transfer with certain exceptions; the Internal Revenue Service (IRS), to the maximum extent practicable, to allow income tax refunds to be made by electronic funds transfer to prepaid debit cards, Direct Express cards, digital wallets, and other secure electronic payment methods; the IRS to report to Congress annually on improper payments made by the IRS; the IRS to work collaboratively with the public and private sectors to protect taxpayers from identity theft refund fraud; and the Department of the Treasury to ensure that the Electronic Tax Administration Advisory Committee studies (including by providing organized public forums) and makes recommendations to Treasury regarding methods to prevent identity theft refund fraud. The bill also: decreases from 250 to 25 the minimum number of tax returns a taxpayer must be required to file during the year to allow the IRS to require electronic filing, and changes the earliest date on which credits or refunds may be made for the child tax credit or the earned income tax credit to the 1st day of the third month (currently the 15th day of the second month) following the close of the taxable year.

Taxpayer ID Protection and Fraud Prevention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Royalty Relief for American Consumers Act of 2010''. SEC. 2. PRICE THRESHOLDS FOR ROYALTY SUSPENSION PROVISIONS. The Secretary of the Interior shall agree to a request by any lessee to amend any lease issued for any Central and Western Gulf of Mexico tract during the period of January 1, 1998, through December 31, 1999, to incorporate price thresholds applicable to royalty suspension provisions, that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). Any amended lease shall impose the new or revised price thresholds effective October 1, 2010. Existing lease provisions shall prevail through September 30, 2010. SEC. 3. ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF LEASES; CONSERVATION OF RESOURCES FEES. (a) Issuance of New Leases.-- (1) In general.--The Secretary shall not issue any new lease that authorizes the production of oil or natural gas in the Gulf of Mexico under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) to a person described in paragraph (2) unless-- (A) the person has renegotiated each covered lease with respect to which the person is a lessee, to modify the payment responsibilities of the person to include price thresholds that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)); or (B) the person has-- (i) paid all fees established by the Secretary under subsection (b) that are due with respect to each covered lease for which the person is a lessee; or (ii) entered into an agreement with the Secretary under which the person is obligated to pay such fees. (2) Persons described.--A person referred to in paragraph (1) is a person that-- (A) is a lessee that-- (i) holds a covered lease on the date on which the Secretary considers the issuance of the new lease; or (ii) was issued a covered lease before the date of enactment of this Act, but transferred the covered lease to another person or entity (including a subsidiary or affiliate of the lessee) after the date of enactment of this Act; or (B) any other person or entity who has any direct or indirect interest in, or who derives any benefit from, a covered lease. (3) Multiple lessees.-- (A) In general.--For purposes of paragraph (1), if there are multiple lessees that own a share of a covered lease, the Secretary may implement separate agreements with any lessee with a share of the covered lease that modifies the payment responsibilities with respect to the share of the lessee to include price thresholds that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (B) Treatment of share as covered lease.--Beginning on the effective date of an agreement under subparagraph (A), any share subject to the agreement shall not constitute a covered lease with respect to any lessees that entered into the agreement. (b) Conservation of Resources Fees.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Secretary of the Interior by regulation shall establish-- (A) a conservation of resources fee for producing Federal oil and gas leases in the Gulf of Mexico; and (B) a conservation of resources fee for nonproducing Federal oil and gas leases in the Gulf of Mexico. (2) Producing lease fee terms.--The fee under paragraph (1)(A)-- (A) subject to subparagraph (C), shall apply to covered leases that are producing leases; (B) shall be set at $9 per barrel for oil and $1.25 per million Btu for gas, respectively, in 2005 dollars; and (C) shall apply only to production of oil or gas occurring-- (i) in any calendar year in which the arithmetic average of the daily closing prices for light sweet crude oil on the New York Mercantile Exchange (NYMEX) exceeds $34.73 per barrel for oil and $4.34 per million Btu for gas in 2005 dollars; and (ii) on or after October 1, 2010. (3) Nonproducing lease fee terms.--The fee under paragraph (1)(B)-- (A) subject to subparagraph (C), shall apply to leases that are nonproducing leases; (B) shall be set at $3.75 per acre per year in 2005 dollars; and (C) shall apply on and after October 1, 2010. (4) Treatment of receipts.--Amounts received by the United States as fees under this subsection shall be treated as offsetting receipts. (c) Transfers.--A lessee or any other person who has any direct or indirect interest in, or who derives a benefit from, a lease shall not be eligible to obtain by sale or other transfer (including through a swap, spinoff, servicing, or other agreement) any covered lease, the economic benefit of any covered lease, or any other lease for the production of oil or natural gas in the Gulf of Mexico under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), unless-- (1) the lessee or other person has-- (A) renegotiated all covered leases of the lessee or other person; and (B) entered into an agreement with the Secretary to modify the terms of all covered leases of the lessee or other person to include limitations on royalty relief based on market prices that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)); or (2) the lessee or other person has-- (A) paid all fees established by the Secretary under subsection (b) that are due with respect to each covered lease for which the person is a lessee; or (B) entered into an agreement with the Secretary under which the person is obligated to pay such fees. (d) Definitions.--In this section-- (1) Covered lease.--The term ``covered lease'' means a lease for oil or gas production in the Gulf of Mexico that is-- (A) in existence on the date of enactment of this Act; (B) issued by the Department of the Interior under section 304 of the Outer Continental Shelf Deep Water Royalty Relief Act (43 U.S.C. 1337 note; Public Law 104-58); and (C) not subject to limitations on royalty relief based on market price that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (2) Lessee.--The term ``lessee'' includes any person or other entity that controls, is controlled by, or is in or under common control with, a lessee. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

Royalty Relief for American Consumers Act of 2010 - Directs the Secretary of the Interior to agree to a request by a lessee to amend any lease issued for any Central and Western Gulf of Mexico tract between January 1, 1998, and January 1, 2000, to incorporate price thresholds applicable to royalty suspension provisions that are equal to or less than specified price thresholds described in the Outer Continental Shelf Lands Act (OCSLA). Requires: (1) an amended lease to impose the new or revised price thresholds effective October 1, 2010; and (2) existing lease provisions to prevail through September 30, 2010. Prohibits the Secretary from issuing a new lease to certain persons or entities with any direct or indirect interest in, or who derive any benefit from, a covered lease unless they renegotiate the lease to include such price thresholds or have paid or formally agreed to pay all conservation of resources fees established under this Act. Directs the Secretary to establish a conservation of resources fee for producing and nonproducing federal oil and gas leases in the Gulf of Mexico. Applies the same lease renegotiation and conservation of resources fee payment eligibility criteria to any lessee or other interested person who seeks to obtain by sale or transfer (including through a swap, spinoff, servicing, or other agreement) any covered lease, the economic benefit of any covered lease, or any other lease for the production of oil or natural gas in the Gulf of Mexico under OCSLA.

To direct the Secretary of the Interior to agree to requests by lessees to amend certain oil and gas leases issued for Central and Western Gulf of Mexico tracts, to incorporate price thresholds applicable to royalty suspension provisions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Wi-Net Act''. SEC. 2. INSTALLATION OF WI-FI HOTSPOTS AND WIRELESS NEUTRAL HOST SYSTEMS IN ALL FEDERAL BUILDINGS. (a) In General.--The Administrator of the General Services Administration shall-- (1) install Wi-Fi hotspots in all publicly accessible Federal buildings constructed after the date of enactment of this Act; (2) allow for the installation of wireless neutral host systems by any eligible carriers upon request in all publicly accessible Federal buildings; and (3) in a manner consistent with sound management principles, retrofit all Federal buildings constructed prior to the date of enactment of this Act on a timetable that reflects the importance of wireless communication to the Federal functions being performed by the occupants of such buildings, provided that all such building shall be retrofitted not later than December 31, 2013. (b) Funding.--There shall be made available from the Federal Buildings Fund established under section 592 of title 40, United States Code, $15,000,000 to carry out this section. Such sums shall be derived from the unobligated balance of amounts made available from the Federal Buildings Fund for fiscal year 2010, and prior fiscal years, for repairs and alterations and other activities (excluding amounts made available for the energy program). Such sums shall remain available until expended. SEC. 3. FEDERAL EASEMENTS AND RIGHTS-OF-WAY. (a) Grant.--If an executive agency, a State, a political subdivision or agency of a State, or a person applies for the grant of an easement or rights-of-way to, in, over, or on a building owned by the Federal Government for the right to install, construct, and maintain wireless transmitters and backhaul transmission, the executive agency having control of the building may grant to the applicant, on behalf of the Federal Government, an easement or rights-of-way to perform such installation, construction, and maintenance. (b) Application.--The Administrator of the General Services Administration shall develop a common form for rights-of-way applications required under subsection (a) for all executive agencies that shall be used by applicants with respect to the buildings of each such agency. (c) Fee.-- (1) In general.--Notwithstanding any other provision of law, in making a grant of an easement or rights-of-way pursuant to subsection (a), the Administrator of the General Services Administration shall establish a reasonable fee for the award of such grant that is based on fair market prices. (2) Exceptions.--The Administrator of the General Services Administration may establish exceptions to the fee amount required under paragraph (1)-- (A) in consideration of the public benefit provided by a grant of an easement or rights-of-way; and (B) in the interest of expanding wireless and broadband coverage. (d) Use of Fees Collected.--Any fee amounts collected by an executive agency pursuant to subsection (b) shall be used by the agency for the construction and maintenance of Wi-Fi hotspots and wireless neutral host systems. SEC. 4. MASTER CONTRACTS FOR WIRELESS TRANSMITTER SITINGS. (a) In General.--Notwithstanding section 704 of the Telecommunications Act of 1996, or any regulation pursuant thereto, or any other provision of law, and not later than 60 days after the date of enactment of this Act, the Administrator of the General Services Administration shall develop one or more master contracts that shall govern the placement of wireless transmitters on buildings owned by the Federal Government. Such master contract shall, with respect to the siting of wireless transmitters, standardize the treatment of covering rooftop space, equipment, and technology, and any other key issues that the Administrator determines appropriate. (b) Applicability.--The master contract developed by the Administrator of the General Services Administration under subsection (a) shall apply to all publicly accessible buildings owned by the Federal Government, unless the Administrator decides that local issues with respect to the siting of wireless transmitters requires non- standard treatment of a specific building. (c) Application.--The Administrator of the General Services Administration shall develop a common form or set of forms for wireless transmitter siting applications required under this section for all executive agencies that shall be used by applicants with respect to the buildings of each such agency. SEC. 5. DEFINITIONS. As used in this Act: (1) Wireless neutral host system.--The term ``wireless neutral host system'' means a small cellular communications base station and related antenna, such as a femtocell, picocell, or similar device or apparatus, that is connected to a broadband service to provide-- (A) improved cellular coverage within a building; and (B) increased network capacity. (2) Wi-fi hotspot.--The term ``Wi-Fi hotspot'' means a site or area in which the public can access the Internet via a wireless connection.

Federal Wi-Net Act - Requires the Administrator of the General Services Administration (GSA) to: (1) install or retrofit wireless Internet connections in federal buildings; and (2) allow eligible carriers, upon request, to install wireless neutral host systems in all publicly accessible federal buildings. Authorizes the executive agency controlling a federal government building to grant an easement or rights-of-way, for the installation, construction, and maintenance of wireless transmitters and backhaul transmission, to an executive agency, state, or individual applicant. Requires the Administrator to establish a fee for awarding such easement or rights-of-way that is based on fair market prices, subject to certain exceptions. Requires any fees collected to be used by the relevant agency for construction and maintenance of Wi-Fi hotspots and wireless neutral host systems. Directs the Administrator to develop one or more master contracts to govern the placement of wireless transmitters on federal government buildings.

A bill to direct the Administrator of the General Services Administration to install Wi-Fi hotspots and wireless neutral host systems in all Federal buildings in order to improve in-building wireless communications coverage and commercial network capacity by offloading wireless traffic onto wireless broadband networks.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Textbook and Technology Trust Fund Act''. SEC. 2. UNITED STATES TEXTBOOK AND TECHNOLOGY TRUST FUND. (a) Designation of Overpayments and Contributions for United States Textbook and Technology Trust Fund.--Subchapter A of chapter 61 of theInternal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR UNITED STATES TEXTBOOK AND TECHNOLOGY TRUST FUND ``Sec. 6097. Designation. ``SEC. 6097. DESIGNATION. ``(a) In General.--In the case of an individual, with respect to each return of the taxpayer for the taxable year of the tax imposed by chapter 1, such taxpayer may designate that-- ``(1) $1 of any overpayment of tax for such taxable year, and ``(2) any cash contribution which the taxpayer includes with such return, shall be paid over to the United States Textbook and Technology Trust Fund in accordance with the provisions of section 9512. In the case of a joint return with respect to which an overpayment of $2 or more is due, each spouse may designate that $1 shall be paid to such trust fund. ``(b) Manner and Time of Designation.--A designation under the subsection (a) may be made with respect to any taxable year-- ``(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or ``(2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Overpayments Treated as Refunded.--For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extension).'' (b) Creation of Trust Fund.--Subchapter A of chapter 98 of such Code is amended by adding at the end the following new section: ``SEC. 9512. UNITED STATES TEXTBOOK AND TECHNOLOGY TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `United States Textbook and Technology Trust Fund', consisting of such amounts as may be credited or paid to such trust fund as provided in section 6097 or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the United States Textbook and Technology Trust Fund amounts equivalent to-- ``(1) the amounts of the overpayments of tax to which designations under section 6097 apply, and ``(2) the amounts of contributions made under section 6097 to such trust fund. ``(c) Expenditures From Trust Fund.--Amounts in the United States Textbook and Technology Trust Fund shall be available, as provided in appropriations Acts, for purposes of making expenditures to carry out section 3 of the United States Textbook and Technology Trust Fund Act.'' (c) Clerical Amendments.-- (1) The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Part IX. Designation of overpayments and contributions for United States Textbook and Technology Trust Fund.'' (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. United States Textbook and Technology Trust Fund.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 3. GRANTS TO SCHOOLS. (a) Eligibility of Public Schools.--A public elementary school (as such term is defined in section 14101 of the Elementary and Secondary Education Act of 1965) or secondary school (as such term is defined in such section) is eligible to receive a grant under this section from the United States Textbook and Technology Trust Fund established pursuant to section 9512 of the Internal Revenue Code of 1986 for any fiscal year by submitting an application to the Secretary of Education that includes-- (1) certification that the school does not have the financial resources available to purchase new textbooks or computer software containing textbook content; (2) assurances that funds received under this section will be used only to purchase new textbooks or computer software containing textbook content for the school; (3) assurances that funds received under this section will be used to supplement, not supplant, other funds received by such school; and (4) an agreement to make available any financial records that the Secretary may need for audit purposes. (b) Grant Selection.--The Secretary of Education shall select the number of grant awards made under this section and the amount of each such award based upon economic need in accordance with regulations published by the Secretary.

United States Textbook and Technology Trust Fund Act - Amends the Internal Revenue Code to permit an individual to designate on a tax return that there shall be paid into the United States Textbook and Technology Fund (the Fund): (1) one dollar of a tax overpayment; and (2) any cash contribution which the individual includes in the return. Creates such Fund. Makes qualifying public elementary and secondary schools eligible to receive grants from the Fund.

United States Textbook and Technology Trust Fund Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Video Visitation and Inmate Calling in Prisons Act of 2017''. SEC. 2. FCC REGULATION OF VIDEO VISITATION SERVICE AND INMATE CALLING SERVICE. (a) Definitions.--In this section: (1) Ancillary service charge.--The term ``ancillary service charge'' means any charge that a consumer may be assessed for the use of inmate calling services that is not included in the per-minute charges assessed for the individual call. (2) Call.--The term ``call''-- (A) means a voice or video call using a covered service; and (B) includes any other session of use that is similar to a telephone call. (3) Commission.--The term ``Commission'' means the Federal Communications Commission. (4) Consumer.--The term ``consumer'' means the party paying a provider of inmate calling services. (5) Correctional facility.--The term ``correctional facility'' means a jail or prison. (6) Covered service.--The term ``covered service'' means an inmate calling service or a video visitation service. (7) Inmate.--The term ``inmate'' means an individual detained in a correctional facility, regardless of the duration of the detention. (8) Inmate calling service.--The term ``inmate calling service'' means a service that allows inmates to make calls to individuals outside the correctional facility where the inmate is detained, regardless of the technology used to deliver the service. (9) Site commission.--The term ``site commission'' means any form of monetary payment, in-kind payment, gift, exchange of services or goods, fee, technology allowance, or product that a provider of inmate calling services or affiliate of such a provider may pay, give, donate, or otherwise provide to-- (A) an entity that operates a correctional institution; (B) an entity with which the provider of inmate calling services enters into an agreement to provide such services; (C) an agency that oversees a correctional facility; (D) the city, county, or State in which a correctional facility is located; or (E) an agent of any such correctional facility. (10) Video visitation service.--The term ``video visitation service'' means a service that allows inmates to make video calls to individuals outside the correctional facility where the inmate is being held, regardless of the technology used to deliver the service. A video visitation service may be classified as an inmate calling service, as the Commission considers appropriate. (b) Regulations.--Not later than 180 days after the date of enactment of this Act, the Commission shall-- (1) promulgate regulations with respect to video visitation service; and (2) amend the regulations of the Commission with respect to inmate calling service (as necessary), to ensure that all charges, practices, classifications, and regulations for and in connection with video visitation service and inmate calling service are just and reasonable. (c) Requirements for Regulations.--The regulations promulgated under subsection (b) shall include the following: (1) Video visitation services may be used only to supplement, not supplant, in-person visitation. (2) Caps on the rates (and any related fees or charges) that a provider of a covered service may charge for such service. (3) A prohibition against a provider of a covered service charging a flat rate for a call, regardless of the duration of the call. (4) A prohibition against a provider of a covered service requiring a correctional facility to restrict in-person visitation as a condition of providing such service in such facility. (5) A requirement that a provider of a covered service certify annually to the Commission that such provider is in compliance with the prohibition under paragraph (4). (6) A requirement that the provider of a covered service submit an annual report to the Commission regarding interstate, intrastate, and international inmate calling services for the prior calendar year, which shall-- (A) be categorized both by facility type and size; and (B) contain-- (i) current interstate, intrastate, and international rates for inmate calling services; (ii) current ancillary service charge amounts and the instances of use of each; (iii) the monthly amount of each site commission paid; (iv) minutes of use, per-minute rates, and ancillary service charges for video visitation services; (v) the number of TTY-based inmate calling services calls provided per facility during the reporting period; (vi) the number of dropped calls the reporting provider experienced with TTY-based calls; and (vii) the number of complaints that the reporting provider received relating to issues such as dropped calls, poor call quality, and the number of incidences of each by TTY and telecommunications relay service (TRS) users. (7) A prohibition against a provider of a covered service offering or entering into an agreement to provide a covered service as part of a bundle of services that includes any service that is not a communications service. (8) Requirements for the offering or entering into an agreement to provide a covered service as part of a bundle of services that ensure that correctional facilities are able to review each service separately during the request for proposals process. (9) With respect to video visitation service, quality standards that are the best commercially available for effective human communication by video, which shall be developed by the Commission after seeking comments that review the academic literature regarding the appropriate thresholds for effective human communication by video. (d) Applicability.-- (1) In general.--The regulations promulgated under subsection (b) shall apply to interstate service, intrastate service, and international service. (2) Different requirements.--In promulgating regulations under subsection (b), the Commission may provide for different requirements for interstate service, intrastate service, and international service. SEC. 3. BUREAU OF PRISONS OVERSIGHT. (a) In General.--Chapter 301 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 4015. Video visitation ``(a) In General.--The Director of the Bureau of Prisons shall take such actions as may be necessary to ensure that, in the case of any prisoner in the custody of the Bureau of Prisons, video visitation services are available subject to the following: ``(1) Video visitation services may be used only to supplement, not supplant, in-person visitation. ``(2) Any equipment or area made available for purposes of video visitation shall maximize privacy to the extent practicable, and shall include measures to ensure the operability of the equipment by visitors, including children. ``(3) In entering into any agreement to provide covered services, the Director-- ``(A) shall give priority to bids submitted that require the purchase of equipment for video visitation; ``(B) may not enter into any agreement including a term providing for-- ``(i) any services other than those that are minimally required by the Director; ``(ii) any authority to a person other than a corrections officer to make a determination that affects the terms of a prisoner's imprisonment, including visitation schedules or ability of a person to move about within a correctional facility; or ``(iii) a covered service as part of a bundle of services that includes any service that is not a covered service; and ``(C) may not enter into any agreement that does not include terms requiring-- ``(i) that the service provider provide a list of each video visitation and each individual fee charged to the visitor and the prisoner; ``(ii) that the service provider offer a minimum number of free visits each month based on good behavior (as determined by the head of the correctional facility wherein the service is provided); and ``(iii) that the service provider submit quarterly reports including such information as the Director may require to ensure compliance with the terms of this section. ``(b) Definition.--In this section, terms used have the meanings given such terms in section 2 of the Video Visitation and Inmate Calling in Prisons Act of 2017, except that, for purposes of this section, the term `video visitation service' includes a service that allows the use of videoconferencing or analog closed circuit television systems and software to allow inmates and visitors to visit at a distance with an inmate in a correctional facility.''. (b) Table of Sections.--The table of sections for chapter 301 of title 18, United States Code, is amended by inserting after the item relating to section 4014 the following: ``4015. Video visitation.''.

Video Visitation and Inmate Calling in Prisons Act of 2017 This bill requires the Federal Communications Commission to promulgate regulations for video visitation services that allow inmates to make video calls to individuals outside a correctional facility, and amend its regulations on inmate calling services as necessary to ensure that all charges and practices are just and reasonable. The regulations must include: video visitation cannot replace in-person visits; caps on rates charged by service providers; a prohibition against charging flat rates; a prohibition against a provider requiring a correctional facility to restrict in-person visitation as a condition to providing a calling or video visitation service; a requirement for a provider to submit an annual report about interstate, intrastate, and international inmate calling services; a prohibition against the provider offering bundled services that include non-communications services; and video quality standards. The federal criminal code is amended to require the Bureau of Prisons to ensure that: video visitation does not supplant in-person visitation; privacy is maximized in the video areas and equipment; no persons other than corrections officers have authority over the terms of a prisoner's imprisonment, including visitation schedules or the ability to move within a correctional facility; and service providers provide a list of each video visitation and each fee charged to visitors and prisoners, offer free visits based on good behavior if authorized by the correctional facility, and submit quarterly compliance reports.

Video Visitation and Inmate Calling in Prisons Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Right to Bear Arms Protection and Privacy Act of 2000''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--The Congress finds the following: (1) Citizens have a right, under the Second Amendment to the United States Constitution, to keep and bear arms. (2) Lawsuits have been commenced against manufacturers, distributors, dealers, and importers of nondefective firearms, which seek money damages and other relief for the harm caused by the misuse of firearms by third parties, including criminals. (3) The manufacture, importation, possession, sale, and use of firearms and ammunition in the United States is heavily regulated by Federal, State, and local laws. Such Federal laws include the Gun Control Act of 1968, the National Firearms Act, and the Arms Export Control Act. (4) Businesses in the United States that are engaged in interstate and foreign commerce through the lawful design, marketing, distribution, manufacture, importation, or sale to the public of firearms or ammunition that have been shipped or transported in interstate or foreign commerce are not, and should not be, liable or otherwise legally responsible for the harm caused by those who criminally or unlawfully misuse firearm products or ammunition products. (5) The possibility of imposing liability or other legal restrictions on an entire industry as a result of harm that is the sole responsibility of others is an abuse of the legal system, erodes public confidence in our Nation's laws, threatens the diminution of a basic constitutional right, invites the disassembly and destabilization of other industries and economic sectors lawfully competing in America's free enterprise system, and constitutes an unreasonable burden on interstate and foreign commerce. (6) The liability and equitable actions commenced or contemplated by municipalities, cities, and other entities are based on theories without foundation in hundreds of years of the common law and American jurisprudence. The possible sustaining of these actions by a maverick judicial officer would expand civil liability in a manner never contemplated by the Framers of the Constitution. The Congress further finds that such an expansion of liability would constitute a deprivation of the rights, privileges, and immunities guaranteed to a citizen of the United States under the Fourteenth Amendment to the United States Constitution. (b) Purposes.--The purposes of this Act are as follows: (1) To prohibit causes of action against law-abiding manufacturers, distributors, dealers, and importers of firearms or ammunition products for the harm caused by the criminal or unlawful misuse of firearm products or ammunition products by others. (2) To preserve a citizen's constitutional access to a supply of firearms and ammunition for all lawful purposes, including hunting, self-defense, collecting, and competitive or recreational shooting. (3) To protect a citizen's right to privacy concerning the lawful purchase and ownership of firearms. (4) To guarantee a citizen's rights, privileges, and immunities, as applied to the States, under the Fourteenth Amendment to the United States Constitution, pursuant to section five of that Amendment. SEC. 3. PROHIBITION ON BRINGING OF QUALIFIED CIVIL ACTIONS IN FEDERAL OR STATE COURT. (a) In General.--A qualified civil action may not be brought in any Federal or State court. (b) Dismissal of Pending Actions.--A qualified civil action that is pending on the date of the enactment of this Act shall be dismissed immediately by the court in which the action was brought. SEC. 4. DEFINITIONS. In this Act: (1) Manufacturer.--The term ``manufacturer'' means, with respect to a qualified product-- (A) a person who is lawfully engaged in a business to import, make, produce, create, or assemble a qualified product, and who designs or formulates, or has engaged another person to design or formulate, a qualified product; (B) a lawful seller of a qualified product, but only with respect to an aspect of the product that is made or affected when the seller makes, produces, creates, or assembles and designs or formulates an aspect of the product made by another person; and (C) any lawful seller of a qualified product who represents to a user of a qualified product that the seller is a manufacturer of the qualified product. (2) Person.--The term ``person'' means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including any governmental entity. (3) Qualified product.--The term ``qualified product'' means a firearm (as defined in section 921(a)(3) of title 18, United States Code) or ammunition (as defined in section 921(a)(17) of such title), or a component part of a firearm or ammunition, that has been shipped or transported in interstate or foreign commerce. (4) Qualified civil action.--The term ``qualified civil action'' means a civil or equitable action brought by any person against a lawful manufacturer or lawful seller of a qualified product, or a trade association, for damages or other relief as a result of the criminal or unlawful misuse of a qualified product by the person or a third party, but shall not include an action brought against a manufacturer, seller, or transferor who knowingly manufactures, sells, or transfers a qualified product with knowledge that such product will be used to commit a crime under Federal or State law. (5) Seller.--The term ``seller'' means, with respect to a qualified product, a person who-- (A) in the course of a lawful business conducted for that purpose, lawfully sells, distributes, rents, leases, prepares, blends, packages, labels, or otherwise is involved in placing a qualified product in the stream of commerce; or (B) lawfully installs, repairs, refurbishes, reconditions, or maintains an aspect of a qualified product that is alleged to have resulted in damages. (6) State.--The term ``State'' includes each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States, and any political subdivision of any such place. (7) Trade association.--The term ``trade association'' means any association or business organization (whether or not incorporated under Federal or State law) 2 or more members of which are manufacturers or sellers of a qualified product. SEC. 5. PROHIBITION OF BACKGROUND CHECK FEE; GUN OWNER PRIVACY. (a) Prohibition of Background Check Fee.-- (1) In general.--Chapter 33 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 540C. Prohibition of fee for background check in connection with firearm transfer ``No officer, employee, or agent of the United States, including a State or local officer or employee acting on behalf of the United States, may charge or collect any fee in connection with any background check required in connection with the transfer of a firearm (as defined in section 921(a) of title 18).''. (2) Conforming amendment.--The analysis for chapter 33 of title 28, United States Code, is amended by inserting after the item relating to section 540B the following: ``540C. Prohibition of fee for background check in connection with firearm transfer.''. (b) Protection of Gun Owner Privacy and Ownership Rights.-- (1) In general.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 931. Gun owner privacy and ownership rights ``(a) In General.--Notwithstanding any other provision of law, no department, agency, or instrumentality of the United States or officer, employee, or agent of the United States, including a State or local officer or employee acting on behalf of the United States-- ``(1) shall perform any criminal background check through the National Instant Criminal Background Check System (referred to in this section as the `system') on any person if the system does not require and result in the immediate destruction of all information, in any form whatsoever or through any medium, about any such person that is determined, through the use of the system, not to be prohibited by subsection (g) or (n) of section 922, or by State law, from receiving a firearm; or ``(2) shall continue to operate the system (including requiring a background check before the transfer of a firearm) unless-- ``(A) the NICS Index complies with the requirements of section 552a(e)(5) of title 5, United States Code; and ``(B) the agency responsible for the system and the system's compliance with Federal law does not invoke the exceptions under subsection (j)(2) or paragraph (2) or (3) of subsection (k) of section 552a of title 5, United States Code, except if specifically identifiable information is compiled for a particular law enforcement investigation or specific criminal enforcement matter. ``(b) Applicability.--Subsection (a)(1) does not apply to the retention or transfer of information relating to-- ``(1) any unique identification number provided by the National Instant Criminal Background Check System under section 922(t)(1)(B)(i); or ``(2) the date on which that number is provided.''. (2) Conforming amendment.--The analysis for chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``931. Gun owner privacy and ownership rights.''. (c) Civil Remedies.--Any person aggrieved by a violation of section 540C of title 28 or 931 of title 18, United States Code (as added by this section), may bring an action in the United States district court for the district in which the person resides for actual damages, punitive damages, and such other relief as the court determines to be appropriate, including a reasonable attorney's fee. (d) Effective Date.--The amendments made by this section take effect on the date of enactment of this Act except that the amendments made by subsection (a) shall take effect as of November 30, 1998.

(Sec. 5) Amends the Federal judicial code to prohibit any officer, employee, or agent of the United States, including a State or local officer or employee acting on behalf of the United States (U.S. agent), from charging or collecting any fee in connection with a background check required in connection with the transfer of a firearm. Amends the Federal criminal code to prohibit any U.S. department, agency, instrumentality or agent from: (1) performing any criminal background check through the National Instant Criminal Background Check System on any person if the System does not require and result in the immediate destruction of all information about such a person who is determined not to be prohibited from receiving a firearm; or (2) continuing to operate the System (including a background check before the transfer of a firearm) unless the NICS Index complies with Federal statutory requirements and the agency responsible for the System and the System's compliance with Federal law does not invoke specified exceptions, except if specifically identifiable information is compiled for a particular law enforcement investigation or specific criminal enforcement matter. Permits the retention or transfer of information relating to: (1) any unique identification number provided by the System; and (2) the date on which that number is provided. Provides civil remedies for violations of this Act.

Right to Bear Arms Protection and Privacy Act of 2000

SECTION 1. REDUCTION IN LIMITATION AMOUNTS FOR CONTRIBUTIONS TO CANDIDATES FOR FEDERAL OFFICE. (a) Limitation Amount for Contributions by Persons Other Than Multicandidate Political Committees.--Section 315(a)(1)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1)(A)) is amended by striking out ``$1,000'' and inserting in lieu thereof ``$500''. (b) Limitation Amount for Contributions by Multicandidate Political Committees.--Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is amended by striking out ``$5,000'' and inserting in lieu thereof ``$500''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply with respect to elections taking place after December 31, 1990. SEC. 2. INCOME TAX CREDIT FOR CONTRIBUTIONS TO CANDIDATES FOR PUBLIC OFFICE. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 23 the following new section: ``SEC. 24. CONTRIBUTIONS TO CANDIDATES FOR PUBLIC OFFICE. ``(a) General Rule.--In the case of an individual, there shall be allowed, subject to the limitations in subsection (b), as a credit against the tax imposed by this chapter for the taxable year, an amount equal to 50 percent of all political contributions, payment of which is made by the taxpayer within the taxable year. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed by subsection (a) for a taxable year shall not exceed $125 ($250 in the case of a joint return under section 6013). ``(2) Verification.--A credit shall be allowed by subsection (a) with respect to any political contribution only if the contribution is verified in the manner prescribed by the Secretary in regulations. ``(c) Definitions.--For purposes of this section-- ``(1) Political contribution.--The term `political contribution' means a contribution or gift of money to-- ``(A) an individual who is a candidate for nomination or election to any Federal, State, or local elective public office in any primary, general, or special election, for use by the individual to further the candidacy of the individual for nomination or election to the office, ``(B) any committee, association, or organization (whether or not incorporated) organized and operated exclusively for the purpose of influencing, or attempting to influence, the nomination or election of 1 or more individuals who are candidates for nomination or election to any Federal, State, or local elective public office, for use by the committee, association, or organization to further the candidacy of the individual or individuals for nomination or election to the office, ``(C) the national committee of a national political party, ``(D) the State committee of a national political party as designated by the national committee of the party, or ``(E) a local committee of a national political party as designated by the State committee of the party designated under subparagraph (D). ``(2) Candidate.--The term `candidate' means, with respect to any Federal, State, or local elective public office, an individual who-- ``(A) publicly announces before the close of the calendar year following the calendar year in which the contribution or gift is made that the individual is a candidate for nomination or election to the office, and ``(B) meets the qualifications prescribed by law to hold the office. ``(3) National political party.--The term `national political party' means-- ``(A) in the case of contributions made during a taxable year of the taxpayer in which the electors of President and Vice President are chosen, a political party presenting candidates or electors for such offices on the official election ballot of 10 or more States, or ``(B) in the case of contributions made during any other taxable year of the taxpayer, a political party which met the qualifications described in subparagraph (A) in the last preceding election of a President and Vice President. ``(4) State and local.--The term `State' means the various States and the District of Columbia. The term `local' means a political subdivision or part thereof, or 2 or more political subdivisions or parts thereof, of a State. ``(d) Cross References.-- ``(1) For disallowance of credits to estates and trusts, see section 642(j). ``(2) For treatment of Indian tribal governments as States (and the subdivisions of Indian tribal governments as political subdivisions of States), see section 7871.'' (b) Conforming Amendments.-- (1) Section 642 of such Code (relating to special rules for credits and deductions) is amended by adding at the end the following new subsection: ``(j) Political Contribution Credit.--An estate or trust shall not be allowed the credit against tax for contributions to candidates for public office provided by section 24.'' (2) Paragraph (6) of section 7871(a) of such Code (relating to Indian tribal governments treated as States for certain purposes) is amended by redesignating subparagraphs (A) through (D) as subparagraphs (B) through (E), respectively, and by inserting before such subparagraph (B) the following new subparagraph: ``(A) section 24(c)(4) (defining State for purposes of credit for contributions to candidates for public office),''. (3) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 23 the following new item: ``Sec. 24. Contributions to candidates for public office.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1992.

Amends the Federal Election Campaign Act of 1971 to reduce from: (1) $1,000 to $500 the limitation on contributions by persons other than multicandidate political committees to any candidate for Federal office; and (2) $5,000 to $500 the limitation on contributions by such committees to any such candidate. Amends the Internal Revenue Code to provide tax credits for contributors to candidates for public office equal to 50 percent of the annual total of a contributor's political contributions. Limits tax credits to an annual total of $125 and $250 respectively for individual and joint contributors. Disallows such tax credits to estates and trusts.

To amend the Federal Election Campaign Act of 1971 to reduce the limitation amounts for contributions to candidates for Federal office and to amend the Internal Revenue Code of 1986 to provide a tax credit for contributions to candidates for public office.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for Crime Victims Act of 2017''. SEC. 2. POINT OF ORDER AGAINST CERTAIN CHANGES IN MANDATORY PROGRAMS AFFECTING THE CRIME VICTIMS FUND. (a) Findings.--Congress finds that-- (1) the Crime Victims Fund was created in 1984, with the support of overwhelming bipartisan majorities in the House of Representatives and the Senate and the support of President Ronald Reagan, who signed the Victims of Crime Act of 1984 (Public Law 98-473) into law; (2) the Crime Victims Fund was created based on the principle that funds the Federal Government collects from those convicted of crime should be used to aid those who have been victimized by crime; (3) the Crime Victims Fund is funded from fines, penalties, and forfeited bonds in Federal court and private donations; (4) the Crime Victims Fund receives no taxpayer dollars; (5) Federal law provides that funds deposited into the Crime Victims Fund shall be used to provide services to victims of crime in accordance with the Victims of Crime Act of 1984; (6) the Victims of Crime Act of 1984 gives priority to victims of child abuse, sexual assault, and domestic violence; (7) since fiscal year 2000, Congress has been taking funds collected by the Crime Victims Fund and not disbursing the full amount provided for under the Victims of Crime Act of 1984; (8) over $10,000,000,000 has been withheld from victims of child abuse, sexual assault, domestic violence, and other crimes; (9) from fiscal year 2010 through fiscal year 2014, the Crime Victims Fund collected $12,000,000,000, but Congress disbursed only $3,600,000,000 (or 30 percent) to crime victims; (10) under budget rules, Congress represents that the money it has already spent in prior years is still in the Crime Victims Fund and available for victims of crime; (11) Congress concludes that it is time to restore fairness to crime victims; and (12) Congress concludes that henceforth, funds collected by the Crime Victims Fund should be used for services to crime victims in accordance with the Victims of Crime Act of 1984. (b) Amendment.--Title IV of the Congressional Budget Act of 1974 (2 U.S.C. 651 et seq.) is amended by adding at the end the following: ``PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS LEGISLATION ``SEC. 441. POINT OF ORDER AGAINST CHANGES IN MANDATORY PROGRAMS AFFECTING THE CRIME VICTIMS FUND. ``(a) Definitions.--In this section-- ``(1) the term `CHIMP' means a provision that-- ``(A) would have been estimated as affecting direct spending or receipts under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902) (as in effect prior to September 30, 2002) if the provision was included in legislation other than appropriation Acts; and ``(B) results in a net decrease in budget authority in the current year or the budget year, but does not result in a net decrease in outlays over the period of the total of the current year, the budget year, and all fiscal years covered under the most recently adopted concurrent resolution on the budget; ``(2) the term `Crime Victims Fund' means the Crime Victims Fund established under section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601); and ``(3) the term `3-year average amount' means the annual average amount that was deposited into the Crime Victims Fund during the 3-fiscal-year period beginning on October 1 of the fourth fiscal year before the fiscal year to which a CHIMP affecting the Crime Victims Fund applies. ``(b) Point of Order in the Senate.-- ``(1) In general.--When the Senate is considering a bill or joint resolution making appropriations for a fiscal year, or an amendment thereto, amendment between the Houses in relation thereto, conference report thereon, or motion thereon, if a point of order is made by a Senator against a provision containing a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount, and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. ``(2) Form of the point of order.--A point of order under paragraph (1) may be raised by a Senator as provided in section 313(e). ``(3) Conference reports.--When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill or joint resolution, upon a point of order being made by any Senator pursuant to paragraph (1), and such point of order being sustained, such material contained in such conference report or House amendment shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order. ``(4) Supermajority waiver and appeal.--In the Senate, this subsection may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this subsection. ``(5) Determination.--For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the Senate. ``(c) Point of Order in the House of Representatives.-- ``(1) In general.--A provision in a bill or joint resolution making appropriations for a fiscal year that proposes a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount shall not be in order in the House of Representatives. ``(2) Amendments and conference reports.--It shall not be in order in the House of Representatives to consider an amendment to, or a conference report on, a bill or joint resolution making appropriations for a fiscal year if such amendment thereto or conference report thereon proposes a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount. ``(3) Determination.--For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the House of Representatives.''. (c) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Congressional Budget Act of 1974 is amended by inserting after the item relating to section 428 the following: ``Part C--Additional Limitations on Budgetary and Appropriations Legislation ``Sec. 441. Point of order against changes in mandatory programs affecting the Crime Victims Fund.''.

Fairness for Crime Victims Act of 2017 This bill amends the Congressional Budget Act of 1974 to establish points of order in the House of Representatives and the Senate against considering appropriations legislation that includes changes in mandatory programs (CHIMPs) that would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the three-year average. A CHIMP is a provision that: (1) would have been estimated as affecting direct spending or receipts if the provision were included in legislation other than an appropriations bill; and (2) results in a net decrease in budget authority in the current year or the budget year, but does not result in a net decrease in outlays over the period of the total of the current year, the budget year, and all fiscal years covered under the most recently adopted budget resolution.

Fairness for Crime Victims Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mentor-Mentee Teen Pregnancy Reduction Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) The U.S. has the highest teenage pregnancy rate of any fully industrialized country. (2) One in three girls in the U.S. becomes pregnant at least once by the age of 20. (3) Girls who become pregnant are more likely to drop out of high school, less likely to complete college, more likely to give birth to low-birth weight babies, and more likely to live in poverty. (4) The children born to teenage mothers are more likely to have learning disabilities, less likely to complete high school, and more likely to live in poverty. (5) Girls born to teenage mothers are more likely to become teenager mothers themselves; boys born to teenage mothers are more likely to end up in prison. (6) Innovative initiatives, such as increasing parental involvement and portraying the consequences of teenage pregnancy through the media, exist that can reduce the rates of teenage pregnancy and give every young person a better hope for the future. (7) Research shows that a wide variety of programs have been successful at delaying sexual activity and reducing teenage pregnancy, including efforts that engage students in community service, promote youth development, provide preventive health services, offer sex and HIV/AIDS education, and more. SEC. 3. MENTOR-MENTEE TEEN PREGNANCY REDUCTION GRANT PROGRAM. Title V of the Social Security Act is amended-- (1) in section 510(d) (42 U.S.C. 710(d)), by inserting ``and grants under section 511'' after ``under subsection (a)'' ; and (2) by adding at the end the following new section: ``mentor-mentee teen pregnancy reduction grant program ``Sec. 511. (a) From the amount appropriated in section 510(d) for a fiscal year (beginning with fiscal year 2009) which is not allotted to a State under section 510, the Secretary shall award competitive grants for the creation of school-based programs that provide mentoring to at-risk teenage girls to prevent and reduce teen pregnancy. In awarding such grants for a fiscal year, the Secretary shall give priority to programs in States that have elected not to receive an allotment under section 510 for the fiscal year. ``(b)(1) No grant may be awarded under this section except to an entity that is a local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965) or a community- based organization. ``(2) Funds provided under such a grant may only be used in a school-based setting for the following purposes: ``(A) To recruit, train, and support mentors. ``(B) To hire mentoring coordinators and provide professional development. ``(C) To pay for outreach materials. ``(D) To provide activities that will help in the development of a mentee, such as-- ``(i) workshops, classes, and after-school activities, which may include family life and sex education and may provide-- ``(I) information that stresses the importance of abstinence and postponing sexual involvement; ``(II) medically accurate information on the importance of contraception for those who are sexually active, on condom use, and on HIV and sexually transmitted diseases; and ``(III) information that reflects mores and values of the community involved. ``(ii) preparation for standardized examinations; ``(iii) assistance with college entrance; ``(iv) education in financial literacy; ``(v) tutoring; ``(vi) sports; ``(vii) education in health and nutrition; and ``(viii) education in the arts. ``(3) No grant may be awarded under this section unless the grantee agrees that, in carrying out the purposes described in paragraph (2), the grantee will, whenever possible, use strategies relating to family life and sex education that have been demonstrated to be effective, or that incorporate characteristics of effective programs. ``(4) No grant may be awarded under this section unless the grantee agrees that only qualified individuals will serve as mentors under this section. For the purposes of this paragraph, a `qualified individual' is an individual who-- ``(A) is a woman who has received at least a baccalaureate degree from an institution of higher education (as such term is defined in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a))); ``(B) is mentoring no more than two mentees under this section; and ``(C) has been trained and screened by a local educational agency or community-based organization to do the following for individual mentees: ``(i) To encourage setting goals and planning for the future. ``(ii) To promote responsible behavior and help delay sexual activity. ``(iii) To provide general guidance. ``(iv) To increase participation in school. ``(5) No grant shall be made under this section unless the grantee agrees to submit to the Secretary, in accordance with the criteria of the Secretary, a report that provides information on the program conducted under this section, including outcomes and increased education and awareness about the prevention of teen pregnancy under the grant. The Secretary shall make such reports available to the public. ``(6) Grantees under this section shall expend funds received under the grant not later than 18 months after the date such funds are provided under the grant. ``(c)(1) Paragraph (3) of section 502(a) shall apply to grants under this section in the same manner as it applies to funding made available under section 502(b). ``(2) Sections 507 and 508 shall apply to grants under this section to the same extent and in the same manner as such sections apply to allotments under section 502(c). ``(3) Section 506 shall apply to grants under this section to the extent determined by the Secretary to be appropriate. ``(d) The Secretary shall, directly or through contract, provide for evaluations of programs receiving funds under grants under this section. Such an evaluation shall cover at least 6 programs and programs representing at least 10 percent of the funding provided under this section. Each such evaluation for a program shall describe-- ``(1) the activities carried out under the grant; and ``(2) the extent to which such activities were effective in changing attitudes and behavior to achieve the project strategies consistent with this section.''. SEC. 4. LOAN FORGIVENESS FOR MENTORS WHO PARTICIPATE IN TEEN PREGNANCY REDUCTION PROGRAM. (a) Program Authorized.--The Secretary of Health and Human Services is authorized, from the funds appropriated under subsection (g), to carry out a program to assume the obligation to repay a qualified loan amount (as determined under subsection (b)) for a Federal student loan, in accordance with this section, for an individual who-- (1) is a qualified individual to serve as a mentor under subsection (b)(4) of section 511 of the Social Security Act; (2) has served as a mentor for the teen pregnancy reduction grant program authorized under section 511 of the Social Security Act for not less than 200 hours in an academic year or its equivalent (as determined by the Secretary); and (3) is not in default on a loan for which the individual seeks forgiveness. (b) Qualified Loan Amount.--The amount of loan forgiveness the Secretary provides under this section-- (1) shall be equal to $2,000 for every 200 hours of service an individual serves as a mentor under section 511 of the Social Security Act in an academic year or its equivalent (as determined by the Secretary), after the date of the enactment of this section; and (2) may not exceed a total of $20,000 for an individual. (c) Priority.--In providing loan forgiveness under this section, the Secretary shall give priority to individuals who serve as mentors for programs under section 511 of the Social Security Act that are carried out by local educational agencies or community-based organizations that are located in areas with the highest rates of teen pregnancy, as determined by the Secretary. (d) Construction.--Nothing in this section shall be construed to authorize the refunding of any repayment of a loan. (e) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. (f) Definitions.--In this section: (1) Federal student loan.-- (A) In general.--Except as provided in subparagraph (B), the term ``Federal student loan'' means any loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965. (B) Treatment of consolidation loans.--A loan amount for a loan made under section 428C or section 455(g) shall be considered a Federal student loan under this paragraph only to the extent that such loan amount was used to repay a loan made under section 428 or 428H, a Federal Direct Stafford Loan, or a Federal Direct Unsubsidized Stafford Loan for an individual who meets the requirements of subsection (a), as determined in accordance with regulations prescribed by the Secretary. (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the 3 succeeding fiscal years.

Mentor-Mentee Teen Pregnancy Reduction Act of 2008 - Amends title V (Maternal and Child Health Services) of the Social Security Act to direct the Secretary of Health and Human Services to award competitive grants to local educational agencies or community-based organizations for the creation of school-based programs that provide mentoring to at-risk teenage girls to prevent and reduce teen pregnancy. Requires program mentors to be women who: (1) have received at least a baccalaureate degree from an institution of higher education; (2) are mentoring no more than two program mentees; and (3) are trained and screened to encourage mentees to engage in responsible, goal-orientated behavior, delay their sexual activity, and increase their participation in school. Authorizes the Secretary to provide student loan forgiveness, under the Federal Family Education Loan, Direct Loan, or Perkins Loan programs of the Higher Education Act of 1965, to program mentors who serve for at least 200 hours in an academic year.

To amend title V of the Social Security Act to provide grants for school-based mentoring programs for at risk teenage girls to prevent and reduce teen pregnancy, and to provide student loan forgiveness for mentors participating in such programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Attracting the Best and Brightest Act of 2012''. SEC. 2. IMMIGRANT VISAS FOR CERTAIN ADVANCED STEM GRADUATES. (a) Advanced Stem Graduates.--Section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) is amended-- (1) by redesignating paragraph (6) as paragraph (7); and (2) by inserting after paragraph (5) the following: ``(6) Advanced graduates in science, technology, engineering and mathematics.-- ``(A) In general.--Notwithstanding section 201, visas shall be made available, in a number not to exceed 50,000, to qualified immigrants who-- ``(i) possess a graduate degree at the level of master's or higher in a field of science, technology, engineering, or mathematics from a United States research institution of higher education; ``(ii) have an offer of employment from a United States employer in a field related to such degree; ``(iii) are the subject of an approved labor certification as required under section 212(a)(5)(A); and ``(iv) will receive a wage level from the employer that is at least the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question. ``(B) Definitions.--For purposes of this paragraph: ``(i) The term `field of science, technology, engineering, or mathematics' means a field included in the Department of Education's Classification of Instructional Programs taxonomy within the summary groups of computer and information sciences and support services, engineering, mathematics and statistics, and physical sciences. ``(ii) The term `United States research institution of higher education' `' means an institution in the United States that-- ``(I) is described in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); ``(II) is classified by the Director of the National Science Foundation as a research institution or as otherwise excelling at instruction in a field of science, technology, engineering, or mathematics; ``(III) has been in existence for at least 10 years; ``(IV) does not provide any commission, bonus, or other incentive payment based directly or indirectly on success in securing enrollments or financial aid to any persons or entities engaged in any recruitment or admission activities for nonimmigrant students or in making decisions regarding the award of student financial assistance to nonimmigrant students; and ``(V) is accredited by an accrediting agency recognized by the Secretary of Education.''. (b) Unused Visas; Limitation to Foreign States.-- (1) Unused visas.--Section 203(b)(1) of such Act (8 U.S.C. 1153(b)(1)) is amended by striking ``(4) and (5)'' and inserting ``(4), (5) and (6)''. (2) Limitation to any single foreign state.--Section 202(a)(5)(A) of such Act (8 U.S.C. 1152(a)(5)(A)) is amended by striking ``or (5)'' and inserting ``(5), or (6)''. (c) Procedure for Granting Immigrant Status.--Section 204(a)(1)(F) of such Act (8 U.S.C. 1154(a)(1)(F)) is amended-- (1) by striking ``or 203(b)(3)'' and inserting ``203(b)(3), or 203(b)(6)''; and (2) by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''. (d) Labor Certification and Qualification for Certain Immigrants.-- Section 212(a)(5) of such Act (8 U.S.C. 1182(a)(5)) is amended-- (1) in subparagraph (A)-- (A) in clause (ii)-- (i) in subclause (I), by striking ``, or'' at the end and inserting a semicolon; (ii) in subclause (II), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(III) holds a doctorate degree in a field of science, technology, engineering, or mathematics (as defined in section 203(b)(6)(B)(i)) from a United States research institution of higher education (as defined in section 203(b)(6)(B)(ii)).''; (B) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and (C) by inserting after clause (ii) the following: ``(iii) Job order.-- ``(I) In general.--An employer who files an application under clause (i) shall submit a job order for the labor the alien seeks to perform to the State workforce agency in the State in which the alien seeks to perform the labor. The State workforce agency shall post the job order on its official agency website for a minimum of 30 days and not later than 3 days after receipt using the employment statistics system authorized under section 15 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.). ``(II) Links.--The Secretary of Labor shall include links to the official websites of all State workforce agencies on a single webpage of the official website of the Department of Labor.''; and (2) in subparagraph (D), by striking ``(2) or (3)'' and inserting ``(2), (3), or (6)''. (e) Further Protecting American Workers.--Section 212(p) of such Act (8 U.S.C. 1182(p)) is amended by adding at the end the following: ``(5) To satisfy the requirement under section 203(b)(6)(A)(iv), an employer must demonstrate that the total amount of compensation to be paid to the alien (including health insurance, stock options, and other benefits provided by the employer) must meet or exceed the total amount of compensation paid by the employer to all other employees with similar experience and qualifications working in the same occupational classification.''. (f) GAO Study.--Not later than June 30, 2017, the Comptroller General of the United States shall provide to the Congress the results of a study on the use by the National Science Foundation of the classification authority provided under section 203(b)(6)(B)(ii)(II) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(6)(B)(ii)(II)), as added by this section. (g) Public Information.--The Secretary of Homeland Security shall make available to the public on the official website of the Department of Homeland Security, and shall update not less than monthly, the following information (which shall be organized according to month and fiscal year) with respect to aliens granted status under section 203(b)(6) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(6)), as added by this section: (1) The name, city, and State of each employer who petitioned pursuant to either of such paragraphs on behalf of one or more aliens who were granted status in the month and fiscal year to date. (2) The number of aliens granted status under either of such paragraphs in the month and fiscal year to date based upon a petition filed by such employer. (3) The occupations for which such alien or aliens were sought by such employer and the job titles listed by such employer on the petition. (h) Effective Date; Sunset.-- (1) Effective date.--The amendments made by this section shall take effect on October 1, 2012, and shall apply with respect to fiscal years beginning on or after such date. (2) Sunset.--The amendments made by subsections (a) through (e) shall be repealed after the 2-year period beginning on the date of the enactment of this Act. SEC. 3. STUDENT VISA REFORM. (a) In General.--Section 101(a)(15)(F)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)) is amended by striking ``an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who'' and inserting ``an alien who is a bona fide student qualified to pursue a full course of study, who (except for a student qualified to pursue a full course of study in a field of science, technology, engineering, or mathematics (as defined in section 203(b)(6)(B)(i)) at an institution of higher education) has a residence in a foreign country which the alien has no intention of abandoning, and who''. (b) Conforming Amendments.-- (1) Section 214(b) of the Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended by striking ``(other than a nonimmigrant'' and inserting ``(other than a nonimmigrant described in section 101(a)(15)(F)) if the alien is qualified to pursue a full course of study in a field of science, technology, engineering, or mathematics (as defined in section 203(b)(6)(B)(i)) at an institution of higher education, other than a nonimmigrant''. (2) Section 214(h) of the Immigration and Nationality Act (8 U.S.C. 1184(h)) is amended by inserting ``(F) (if the alien is qualified to pursue a full course of study in a field of science, technology, engineering, or mathematics (as defined in section 203(b)(6)(B)(i)) at an institution of higher education),'' before ``H(i)(b)''. SEC. 4. AGE-OUT PROTECTIONS FOR CHILDREN. Section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)) is amended by adding at the end the following-- ``(H) Rules for determining age of a child.-- ``(i) Immigrant petitions.--Notwithstanding any other provision of the Act, a determination of whether an alien is a child for the purposes of a petition under sections 204 and 209 shall be made using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security. ``(ii) Child of u.s. citizen fiance.--A determination of whether an alien is a child for the purposes of a petition under section 214 or an application for adjustment of status under section 245(d) shall be made using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security to classify the alien's parent as the fiance of a U.S. citizen.''. SEC. 5. PERMANENT PRIORITY DATES. (a) In General.--Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by adding at the end the following: ``(i) Permanent Priority Dates.-- ``(1) In general.--Subject to subsection (h)(3) and paragraph (2), the priority date for any family- or employment- based petition shall be the date of filing of the petition with the Secretary of Homeland Security (or the Secretary of State, if applicable), unless the filing of the petition was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date. ``(2) Subsequent family- and employment-based petitions.-- Subject to subsection (h)(3), an alien who-- ``(A) is the beneficiary of any family-based petition that was approvable when filed (including self-petitioners) shall retain the priority date assigned with respect to that petition in the consideration of any subsequently filed family-based petition (including self-petitions); or ``(B) is the beneficiary of any employment-based petition that was approvable when filed (including self-petitioners) shall retain the priority date assigned with respect to that petition in the consideration of any subsequently filed employment- based petition (including self-petitions).''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to aliens who are a beneficiary of a classification petition pending on or after such date.

Attracting the Best and Brightest Act of 2012 - Amends the Immigration and Nationality Act to make up to 50,000 visas available to qualified immigrants who: (1) possess a graduate degree at the level of master's or higher in a field of science, technology, engineering, or mathematics (STEM degree) from a qualifying U.S. research institution of higher education; (2) have an employment offer from a U.S. employer in a field related to such degree; (3) are the subject of an approved labor certification; and (4) will receive a wage for such employment that is at least the actual wage paid by the employer to all other individuals with similar experience and qualifications. Makes unused STEM visas available for other employment-based visa categories. Requires: (1) employers of foreign STEM graduates to submit a job order for the position with the appropriate state workforce agency, (2) such agency to post the position on its website for at least 30 days, and (3) employers to demonstrate that the total amount of compensation to be paid to a foreign STEM graduate meets or exceeds the total amount of compensation paid by the employer to all other employees with similar experience and qualifications working in the same occupational classification. Requires the Department of Homeland Security (DHS) to make available on its website specified information regarding foreign STEM employers, the number of aliens granted STEM status, and their occupations. Repeals such STEM and related provisions two years after enactment of this Act. Eliminates the foreign residency requirement for certain foreign students. States that a determination of whether an alien is a child for purposes of: (1) a petition for immigrant status or a petition for adjustment of refugee status to immigrant status shall be made using the alien's age on the date on which the petition is filed with DHS, and (2) a petition for nonimmigrant admission or an application for adjustment of status from nonimmigrant to conditional (fiance) immigrant shall be made using the alien's age on the date on which the petition is filed with DHS to classify such alien's parent as the fiance of a U.S. citizen. States that the permanent priority date for any family- or employment-based petition shall be the date on which the petition is filed with DHS (or the Secretary of State, if applicable), unless such filing was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date. States that an alien who is the beneficiary of a family- or employment-based petition that was approvable when filed shall retain such petition's priority date in the consideration of any subsequently filed family- or employment-based petition.

To amend the Immigration and Nationality Act to provide for immigrant visas for certain advanced STEM graduates, and for other purposes.