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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Home Infusion Site of Care Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) The Medicare fee-for-service program covers infusion therapy in the hospital, skilled nursing facility, physician office, and hospital outpatient department, but does not cover the full range of services for the provision of infusion therapies in a patient's home. (2) The Medicare program is presently the only major health care payer in the United States that does not provide comprehensive coverage of home infusion therapy. (3) As a result of the Medicare program not providing for comprehensive coverage of home infusion therapy, many Medicare beneficiaries are unable to obtain infusion therapy in the most cost-effective and convenient setting of their home, and physicians are deprived of the ability to select the best site of care for their patients. (4) The Medicare program is paying for institutional care for the provision of infusion therapy in many instances when such institutional care could be avoided if the Medicare program provided coverage for home infusion therapy. (5) The Government Accountability Office found in a 2010 report that home infusion therapy is utilized widely by private payers providing health insurance coverage for individuals enrolled under such coverage and that such private payers generally are satisfied with the quality of care and the savings they achieve through avoided institutionalizations. (6) A recent study has reported a potential savings for Medicare if infusion therapies were covered in the home site of care. SEC. 3. MEDICARE COVERAGE OF HOME INFUSION THERAPY. (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)-- (A) by striking ``and'' at the end of subparagraph (EE); (B) by inserting ``and'' at the end of subparagraph (FF); and (C) by inserting at the end the following new subparagraph: ``(GG) home infusion therapy (as defined in subsection (iii)(1));''; and (2) by adding at the end the following new subsection: ``Home Infusion Therapy ``(iii)(1) The term `home infusion therapy' means the items and services described in paragraph (2) furnished to an individual, who is under the care of a physician, which are provided by a qualified home infusion therapy supplier under a plan (for furnishing such items and services to such individual) established and periodically reviewed by a physician, which items and services are provided in an integrated manner in the individual's home in conformance with uniform standards of care established by the Secretary and in coordination with the provision of covered infusion drugs under part D. The Secretary shall establish such standards after taking into account the standards commonly used for home infusion therapy by Medicare Advantage plans and in the private sector and after consultation with all interested stakeholders. ``(2) The items and services described in this paragraph are the following: ``(A) Professional services, including nursing services (other than nursing services covered as home health services), provided in accordance with the plan (including administrative, compounding, dispensing, distribution, clinical monitoring, and care coordination services) and all necessary supplies and equipment (including medical supplies such as sterile tubing and infusion pumps). ``(B) Other items and services the Secretary determines appropriate to administer infusion drug therapies to an individual safely and effectively in the home. ``(3) For purposes of this subsection: ``(A) The term `home' means a place of residence used as an individual's home and includes such other alternate settings as the Secretary determines. ``(B) The term `qualified home infusion therapy supplier' means any pharmacy, physician, or other provider licensed by the State in which the pharmacy, physician, or provider resides or provides services, whose State authorized scope of practice includes dispensing authority and that-- ``(i) has expertise in the preparation of parenteral medications in compliance with enforceable standards of the United States Pharmacopoeia and other nationally recognized standards that regulate preparation of parenteral medications as determined by the Secretary and meets such standards; ``(ii) provides infusion therapy to patients with acute or chronic conditions requiring parenteral administration of drugs and biologicals administered through catheters or needles, or both, in a home; and ``(iii) meets such other uniform requirements as the Secretary determines are necessary to ensure the safe and effective provision and administration of home infusion therapy on a 7-day-a-week, 24-hour basis (taking into account the standards of care for home infusion therapy established by Medicare Advantage plans and in the private sector), and the efficient administration of the home infusion therapy benefit. ``(4) A qualified home infusion therapy supplier may subcontract with a pharmacy, physician, provider, or supplier to meet the requirements of paragraph (3)(B).''. (b) Payment for Home Infusion Therapy.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(p) Payment for Home Infusion Therapy.-- ``(1) In general.--The Secretary shall determine a per diem schedule for payment for the professional services (including nursing services), supplies, and equipment described in section 1861(iii)(2)(A) for each infusion therapy type that reflects the reasonable costs which must be incurred by efficiently and economically operated qualified home infusion therapy suppliers to provide such services, supplies, and equipment in conformity with applicable State and Federal laws, regulations, and the uniform quality and safety standards developed under section 1861(iii)(1) and to assure that Medicare beneficiaries have reasonable access to such therapy. ``(2) Considerations.--In developing the per diem schedule under this subsection, the Secretary shall consider recent credible studies about the costs of providing infusion therapy in the home, consult with home infusion therapy suppliers, consider payment amounts established by Medicare Advantage plans and private payers for home infusion therapy, and, if necessary, conduct a statistically valid national market analysis involving the costs of administering infusion drugs and of providing professional services necessary for the drugs' administration. ``(3) Annual updates.--The Secretary shall update such schedule from year to year by the percentage increase in the Consumer Price Index for all urban consumers (United States city average) for the 12-month period ending with June of the preceding year. The Secretary may modify the per diem schedule with respect to beneficiaries who qualify for home infusion therapy services under section 1861(iii)(1) but who receive nursing services as home health services.''. (c) Conforming Amendments.-- (1) Payment reference.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 13951(a)(1)) is amended-- (A) by striking ``and'' before ``(Z)''; and (B) by inserting before the semicolon at the end the following: ``, and (AA) with respect to home infusion therapy, the amounts paid shall be determined under section 1834(p)''. (2) Direct payment.--The first sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) is amended-- (A) by striking ``and'' before ``(H)''; and (B) by inserting before the period at the end the following: ``, and (I) in the case of home infusion therapy, payment shall be made to the qualified home infusion therapy supplier''. (3) Exclusion from durable medical equipment and home health services.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (A) in subsection (m)(5)-- (i) by striking ``and'' before ``durable medical equipment'' and inserting a comma; and (ii) by inserting before the semicolon at the end the following: ``, and supplies used in the provision of home infusion therapy after excluding other drugs and biologicals''; and (B) in subsection (n), by adding at the end the following: ``Such term does not include home infusion therapy, other than equipment and supplies used in the provision of insulin.''. (4) Application of accreditation provisions.--The provisions of section 1865(a) of the Social Security Act (42 U.S.C. 1395bb(a)) apply to the accreditation of qualified home infusion therapy suppliers in the same way as they apply to other suppliers. SEC. 4. MEDICARE COVERAGE OF HOME INFUSION DRUGS. Section 1860D-2(e) of the Social Security Act (42 U.S.C. 1395w- 102(e)) is amended-- (1) in paragraph (1)-- (A) by striking ``or'' at the end of subparagraph (A); (B) by striking the comma at the end of subparagraph (B) and inserting, ``; or''; and (C) by inserting after subparagraph (B) the following new subparagraph: ``(C) an infusion drug (as defined in paragraph (5)),''; and (2) by adding at the end the following new paragraph: ``(5) Infusion drug defined.--For purposes of this part, the term `infusion drug' means a parenteral drug or biological administered via an intravenous, intraspinal, intra-arterial, intrathecal, epidural, subcutaneous, or intramuscular access device or injection, and may include a drug used for catheter maintenance and declotting, a drug contained in a device, additives including but not limited to vitamins, minerals, solutions, and diluents, and other components used in the provision of home infusion therapy.''. SEC. 5. ENSURING BENEFICIARY ACCESS TO HOME INFUSION THERAPY. (a) Objectives in Implementation.--The Secretary of Health and Human Services shall implement the Medicare home infusion therapy benefit under the amendments made by this Act in a manner that ensures that Medicare beneficiaries have timely and appropriate access to infusion therapy in their homes and that there is rapid and seamless coordination between drug coverage under part D of title XVIII of the Social Security Act and coverage for home infusion therapy services under part B of such title to avoid the filing of duplicative or otherwise improper claims. Specifically, the Secretary shall ensure that-- (1) the benefit is practical and workable with minimal administrative burden for beneficiaries, qualified home infusion therapy suppliers, physicians, prescription drug plans, MA-PD plans, and Medicare Advantage plans, and the Secretary shall consider the use of consolidated claims encompassing covered part D drugs and part B services, supplies, and equipment under such part B to ensure the efficient operation of this benefit; (2) any prior authorization or utilization review process is expeditious, allowing Medicare beneficiaries meaningful access to home infusion therapy; (3) medical necessity determinations for home infusion therapy will be made-- (A) except as provided in subparagraph (B), by Medicare administrative contractors under such part B and communicated to the appropriate prescription drug plans; or (B) in the case of an individual enrolled in a Medicare Advantage plan, by the Medicare Advantage organization offering the plan; and an individual may be initially qualified for coverage for such benefit for a 90-day period and subsequent 90-day periods thereafter; (4) except as otherwise provided in this section, the benefit is modeled on current private sector coverage and coding for home infusion therapy; and (5) prescription drug plans and MA-PD plans structure their formularies, utilization review protocols, and policies in a manner that ensures that Medicare beneficiaries have timely and appropriate access to infusion therapy in their homes. (b) Report.--Not later than January 1, 2018, the Comptroller General of the United States shall submit a report to Congress on Medicare beneficiary access to home infusion therapy. Such report shall specifically address whether the objectives specified in subsection (a) have been met and shall make recommendations to Congress and the Secretary of Health and Human Services on how to improve the benefit and better ensure that Medicare beneficiaries have timely and appropriate access to infusion therapy in their homes. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply to home infusion therapy furnished on or after January 1, 2015.

Medicare Home Infusion Site of Care Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act to authorize Medicare coverage of home infusion therapy and home infusion drugs. Directs the Secretary of Health and Human Services (HHS) to implement the Medicare home infusion therapy benefit in a manner that ensures that: (1) Medicare beneficiaries have timely and appropriate access to infusion therapy in their homes, and (2) there is rapid and seamless coordination between drug coverage under Medicare part D (Voluntary Prescription Drug Benefit Program) and home infusion therapy services coverage under Medicare part B (Supplemental Security Income) (SSI) to avoid the filing of duplicative or otherwise improper claims.

Medicare Home Infusion Site of Care Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Health Task Force Act of 2012''. SEC. 2. TASK FORCE ON ENVIRONMENTAL HEALTH RISKS AND SAFETY RISKS TO CHILDREN. (a) Establishment.--The Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency, acting jointly, shall establish and maintain a permanent task force, to be known as the Task Force on Environmental Health Risks and Safety Risks to Children (in this Act referred to as the ``Task Force''). (b) Membership.--The Task Force shall be composed of the following officials (or their designees): (1) The Secretary of Health and Human Services, who shall serve as a Co-Chair of the Task Force. (2) The Administrator of the Environmental Protection Agency, who shall serve as a Co-Chair of the Task Force. (3) The Secretary of Education. (4) The Secretary of Labor. (5) The Attorney General of the United States. (6) The Secretary of Energy. (7) The Secretary of Housing and Urban Development. (8) The Secretary of Agriculture. (9) The Secretary of Transportation. (10) The Secretary of Defense. (11) The Secretary of the Interior. (12) The Director of the Office of Management and Budget. (13) The Chair of the Council on Environmental Quality. (14) The Chair of the Consumer Product Safety Commission. (15) Such other officials of Federal departments and agencies as the Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency, acting jointly, may designate or invite (as appropriate) to serve on the Task Force. (c) Stakeholders.--The Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency, acting jointly, shall, as appropriate, invite representatives of stakeholders to attend meetings of the Task Force, appear before the Task Force, and file statements with the Task Force, subject to such requirements as the Secretary and Administrator may determine. (d) Functions.--The Task Force shall recommend to the President and the Congress Federal strategies for addressing environmental health risks and safety risks to children in the United States, within projected budgetary limits, including the following: (1) Adoption of action plans, including multiyear and annual priorities, to address the principal environmental health risks and safety risks to children. (2) Initiatives that the Federal Government has undertaken or will undertake in addressing the principal environmental health risks and safety risks to children. (3) Recommendations on how to improve cross-agency implementation of actions, including cross-agency budgeting, to address environmental health risks and safety risks to children. (4) Recommendations for a coordinated research agenda for the Federal Government to address environmental health risks and safety risks to children. (5) Recommendations for appropriate partnerships among Federal, State, local, and tribal governments and the private, academic, and nonprofit sectors. (6) Proposed ways to enhance public outreach and communication to assist families in evaluating environmental health risks and safety risks to children and in making informed consumer choices. (7) Proposed ways to strengthen the data system in order to identify and track development of rulemakings and other actions to ensure they comply with current policy on evaluating environmental health risks and safety risks to children. (e) Reports.-- (1) Biennial reports.--Not later than July 31, 2013, and biennially thereafter, the Task Force shall submit to the President and the Congress, make publicly available, and disseminate widely a report including-- (A) the strategies developed and updated under subsection (d); (B) in the case of reports subsequent to the first report, a description of the accomplishments of the Task Force since the preceding report; (C) current national priorities for addressing environmental health risks and safety risks to children in the United States and any related emerging issues; (D) updates on Federal research findings and research needs regarding environmental risks and safety risks to children; (E) information submitted to the Task Force by Federal departments and agencies for inclusion in the report; (F) appropriate recommendations by the Children's Health Protection Advisory Committee; and (G) information submitted by stakeholders for inclusion in the report. (2) Additional reporting.--In addition to the biennial reports under paragraph (1), the Task Force-- (A) may, as appropriate, submit to the President and the Congress such additional reports and updates as necessary; (B) shall make any such reports and updates publicly available; and (C) shall disseminate widely any such reports and updates. (f) Meetings.-- (1) In general.--The Task Force shall meet at least annually. (2) Notice.--The Task Force shall-- (A) publish in the Federal Register timely notice of each upcoming meeting of the Task Force; and (B) provide for other types of public notice to ensure that all interested persons receive timely notice of each upcoming meeting of the Task Force. (3) Minutes.-- (A) In general.--The Task Force shall record and maintain detailed minutes of each meeting of the Task Force, including-- (i) the meeting agenda; (ii) a record of the persons present; (iii) a complete and accurate description of matters discussed at the meeting and conclusions reached; and (iv) copies of all reports received, issued, or approved by the Task Force in connection with the meeting. (B) Public availability; copying.--The Task Force shall make such minutes available for public inspection and copying. (C) Accuracy.--The Co-Chairs of the Task Force shall certify the accuracy of all such minutes. (g) Termination of Existing Task Force.--The Task Force on Environmental Health Risks and Safety Risks to Children established by Executive Order 13045 (April 21, 1997) is hereby terminated. (h) Authorization of Appropriations.--To carry out this Act, there are authorized to be appropriated such sums as may be necessary for fiscal year 2013 and each subsequent fiscal year.

Children's Health Task Force Act of 2012 - Directs the Secretary of Health and Human Services (HHS) and the Administrator of the Environmental Protection Agency (EPA) to) establish and maintain a permanent Task Force on Environmental Health Risks and Safety Risks to Children, which shall recommend federal strategies for addressing environmental health risks and safety risks to children in the United States, within projected budgetary limits. Requires such strategies to include: (1) adoption of action plans, including multiyear and annual priorities, to address the principal risks; (2) government initiatives to address such risks; (3) recommendations on how to improve cross-agency implementation of actions to address such risks; (4) recommendations for a coordinated research agenda for the government to address such risks; (5) recommendations for partnerships among federal, state, local, and tribal governments and the private, academic, and nonprofit sectors; (6) proposed ways to enhance public outreach and communication to assist families in evaluating such risks and in making informed consumer choices; and (7) proposed ways to strengthen the data system in order to identify and track development of rulemakings and other actions to ensure they comply with current policy on evaluating such risks. Directs the Task Force to submit, make publicly available, and disseminate widely a biennial report including: (1) the strategies developed and updated, (2) a description of the Task Force's accomplishments, (3) current national priorities for addressing such risks and any related emerging issues, (4) updates on federal research findings and research needs regarding such risks, (5) information submitted by federal agencies and by stakeholders for inclusion in the report, and (6) recommendations by the Children's Health Protection Advisory Committee.

To provide for the establishment of the Task Force on Environmental Health Risks and Safety Risks to Children.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Our Homes Act of 2008''. SEC. 2. TEMPORARY DEDUCTION FOR CERTAIN MORTGAGE COUNSELING. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. CERTAIN MORTGAGE COUNSELING. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction an amount equal to the amount paid or incurred by the taxpayer during the taxable year for qualified mortgage counseling. ``(b) Limitation.--The deduction allowed under subsection (a) shall not exceed $500 for any taxable year. ``(c) Qualified Mortgage Counseling.--For purposes of this section, the term `qualified mortgage counseling' means any mortgage counseling provided by an organization accredited by the Federal Housing Administration to provide such counseling if such counseling is obtained before the issuance of the loan with respect to which such counseling relates. Such term shall not include any counseling if such counseling is provided with respect to a loan which is not secured by the principal residence (within the meaning of section 121) of the taxpayer. ``(d) Termination.--The deduction under this section shall not be allowed with respect to any amount paid or incurred after December 31, 2012.''. (b) Deduction Allowed in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code is amended by inserting before the last sentence the following new paragraph: ``(21) Certain mortgage counseling.--The deduction allowed by section 224.''. (c) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as an item relating to section 225 and inserting before such item the following new item: ``Sec. 224. Certain mortgage counseling.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 3. TEMPORARY DEDUCTION FOR UPSIDE DOWN MORTGAGES. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions), as amended by this Act, is amended by redesignating section 225 as section 226 and by inserting after section 224 the following new section: ``SEC. 225. UPSIDE DOWN MORTGAGES. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction an amount equal to 20 percent of the excess (if any) of-- ``(1) the acquisition indebtedness (within the meaning of section 163) as determined at the close of the taxable year with respect to the principal residence (within the meaning of section 121) of the taxpayer, over ``(2) the valuation (as in effect at the close of such taxable year) of such residence as determined for purposes of State and local real property tax assessments. ``(b) Limitation.--The deduction allowed under subsection (a) shall not exceed $5,000 for any taxable year. ``(c) Denial of Benefit for Fraudulently Obtained Mortgages.-- Acquisition indebtedness shall not be taken into account under subsection (a) if material misstatements were made by the taxpayer in obtaining such indebtedness. ``(d) Termination.--The deduction under this section shall not be allowed with respect to any amount paid or incurred after December 31, 2009.''. (b) Deduction Allowed in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code, as amended by this Act, is amended by inserting before the last sentence the following new paragraph: ``(22) Upside down mortgages.--The deduction allowed by section 224.''. (c) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code, as amended by this Act, is amended by redesignating the item relating to section 225 as an item relating to section 226 and inserting before such item the following new item: ``Sec. 225. Upside down mortgages.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 4. TEMPORARY CREDIT FOR CERTAIN HOME PURCHASES. (a) Allowance of Credit.--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 25D the following new section: ``SEC. 25E. CREDIT FOR CERTAIN HOME PURCHASES. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual who is a purchaser of a qualified principal residence during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to the lesser of-- ``(A) 10 percent of the purchase price of the residence, or ``(B) $7,500 ($9,000 if such residence is in a high cost area (as determined by the Secretary of Housing and Urban Development)). ``(2) Allocation of credit amount.--The amount of the credit allowed under paragraph (1) shall be equally divided among the 2 taxable years beginning with the taxable year in which the purchase of the qualified principal residence is made. ``(b) Limitations.-- ``(1) Date of purchase.--The credit allowed under subsection (a) shall be allowed only with respect to purchases made-- ``(A) after the date of the enactment of this section, and ``(B) before the date that is 12 months after such date. ``(2) Limitation based on modified adjusted gross income.-- ``(A) In general.--The amount allowable as a credit under subsection (a) (determined without regard to this paragraph) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which is so allowable as-- ``(i) the excess (if any) of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $70,000 ($140,000 in the case of a joint return), bears to ``(ii) $20,000. ``(B) Modified adjusted gross income.--For purposes of subparagraph (A), the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(3) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this subpart (other than this section and section 23) for the taxable year. ``(4) One-time only.-- ``(A) In general.--If a credit is allowed under this section in the case of any individual (and such individual's spouse, if married) with respect to the purchase of any qualified principal residence, no credit shall be allowed under this section in any taxable year with respect to the purchase of any other qualified principal residence by such individual or a spouse of such individual. ``(B) Joint purchase.--In the case of a purchase of a qualified principal residence by 2 or more unmarried individuals or by 2 married individuals filing separately, no credit shall be allowed under this section if a credit under this section has been allowed to any of such individuals in any taxable year with respect to the purchase of any other qualified principal residence. ``(c) Qualified Principal Residence.--For purposes of this section-- ``(1) In general.--The term `qualified principal residence' means any residence that is purchased to be the principal residence of the purchaser. ``(2) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(d) Denial of Double Benefit.--No credit shall be allowed under this section for any purchase for which a credit is allowed under section 1400C. ``(e) Recapture in the Case of Certain Dispositions.--In the event that a taxpayer-- ``(1) disposes of the qualified principal residence with respect to which a credit is allowed under subsection (a), or ``(2) fails to occupy such residence as the taxpayer's principal residence, at any time within 24 months after the date on which the taxpayer purchased such residence, then the remaining portion of the credit allowed under subsection (a) shall be disallowed in the taxable year during which such disposition occurred or in which the taxpayer failed to occupy the residence as a principal residence, and in any subsequent taxable year in which the remaining portion of the credit would, but for this subsection, have been allowed. ``(f) Special Rules.-- ``(1) Joint purchase.-- ``(A) Married individuals filing separately.--In the case of 2 married individuals filing separately, subsection (a) shall be applied to each such individual by substituting `$3,500' for `$7,000' in paragraph (1) thereof. ``(B) Unmarried individuals.--If 2 or more individuals who are not married purchase a qualified principal residence, the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed $7,000. ``(2) Purchase; purchase price.--Rules similar to the rules of paragraphs (2) and (3) of section 1400C(e) (as in effect on the date of the enactment of this section) shall apply for purposes of this section. ``(3) Reporting requirement.--Rules similar to the rules of section 1400C(f) (as so in effect) shall apply for purposes of this section. ``(g) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section with respect to the purchase of any residence, the basis of such residence shall be reduced by the amount of the credit so allowed.''. (b) Conforming Amendments.-- (1) Section 24(b)(3)(B) of the Internal Revenue Code of 1986 is amended by striking ``and 25B'' and inserting ``, 25B, and 25E''. (2) Section 25(e)(1)(C)(ii) of such Code is amended by inserting ``25E,'' after ``25D,''. (3) Section 25B(g)(2) of such Code is amended by striking ``section 23'' and inserting ``sections 23 and 25E''. (4) Section 25D(c)(2) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25E''. (5) Section 26(a)(1) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25E''. (6) Section 904(i) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25E''. (7) Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 25E(g).''. (8) Section 1400C(d)(2) of such Code is amended by striking ``and 25D'' and inserting ``25D, and 25E''. (c) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Credit for certain home purchases.''. (d) Effective Date.--The amendments made by this section shall apply to purchases in taxable years ending after the date of the enactment of this Act. (e) Application of EGTRRA Sunset.--The amendment made by subsection (b)(1) shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 in the same manner as the provisions of such Act to which such amendment relates. SEC. 5. TEMPORARY ADDITIONAL STANDARD DEDUCTION FOR REAL PROPERTY TAXES FOR NONITEMIZERS. (a) In General.--Section 63(c)(1) of the Internal Revenue Code of 1986 (defining standard deduction) is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(C) in the case of any taxable year beginning in 2008 or 2009, the real property tax deduction.''. (b) Definition.--Section 63(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Real property tax deduction.-- ``(A) In general.--For purposes of paragraph (1), the real property tax deduction is so much of the amount of the eligible State and local real property taxes paid or accrued by the taxpayer during the taxable year which do not exceed $500 ($1,000 in the case of a joint return). ``(B) Eligible state and local real property taxes.--For purposes of subparagraph (A), the term `eligible State and local real property taxes' means State and local real property taxes (within the meaning of section 164), but only if the rate of tax for all residential real property taxes in the jurisdiction has not been increased at any time after April 2, 2008, and before January 1, 2009.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 6. TEMPORARY EXCLUSION OF UNEMPLOYMENT COMPENSATION FROM GROSS INCOME. (a) In General.--Section 85 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(c) Temporary Exclusion.--Notwithstanding subsection (a), in the case of unemployment compensation received by an individual during 2008 or 2009, gross income shall not include such compensation.''. (b) Effective Date.--The amendments made by this section shall apply to amounts received after December 31, 2007.

Keep Our Homes Act of 2008 - Amends the Internal Revenue Code to allow: (1) a tax deduction through 2012 for mortgage counseling costs; (2) a tax deduction through 2009 for amounts, up to $5,000, of mortgage indebtedness in excess of the assessed value of a principal residence; (3) a one-time tax credit for a percentage of the purchase price of a principal residence; (4) nonitemizing taxpayers a tax deduction in 2008 or 2009 for real property taxes; and (5) an exclusion from gross income for unemployment compensation received in 2008 or 2009.

To amend the Internal Revenue Code of 1986 to provide temporary housing related tax relief for individuals, and for other purposes.

SECTION 1. PURPOSE. It is the purpose of this Act to ensure that Federal funding is provided to support and sustain the longstanding Federal mandate requiring Fort Lewis College in the State of Colorado to waive tuition charges for each Indian student it admits to an undergraduate program, including the waiver of tuition charges for Indian students who are not residents of the State of Colorado. SEC. 2. FINDINGS. Congress finds that-- (1) Fort Lewis College in the State of Colorado is a signature school for Indian students from throughout the Nation and graduates more Indian students than any other baccalaureate institution of higher education; (2) in 2009, Fort Lewis College awarded 95 degrees in science, technology, engineering, and mathematics to Indian students, representing 13.5 percent of degrees awarded by baccalaureate institutions of higher education to Indian students, more degrees than any other comparable baccalaureate institution in the Nation; (3) as of the 2010-11 academic year, Fort Lewis College provides federally mandated tuition-free education to approximately 786 Indian students from 124 different Indian tribes and 34 different States, representing approximately 20 percent of the overall student population at this non-tribal institution of higher education that serves Indian students; (4) the Federal mandate to provide tuition-free education to Indian students was first placed upon the State of Colorado under section 5 of the Act of April 4, 1910 (36 Stat. 273, chapter 140), as a condition of the transfer of the land, buildings, and fixtures comprising Fort Lewis School, which had been federally operated; (5) the amount of funds expended by the State of Colorado to meet the waiver of tuition obligations under section 5 of the Act of April 4, 1910 (36 Stat. 273, chapter 140), for all Indian students, both out-of-State and in-State, far exceeds the value of the land, buildings, and fixtures that the State of Colorado holds for the benefit of Fort Lewis College; (6) the State of Colorado has expended more than $110,000,000 in the past 25 years to meet the costs of the tuition waivers for Indian students at Fort Lewis College from 44 different States; and (7) the federally mandated tuition waiver program for Indian students at Fort Lewis College is at risk of being reduced by the severe budget constraints of the State of Colorado, thereby jeopardizing the education of many talented Indian students from around the Nation, in present and future classes. SEC. 3. STATE RELIEF FROM FEDERAL MANDATE. (a) Amount of Payment.-- (1) In general.--Subject to paragraph (2), for fiscal year 2011 and each succeeding fiscal year, the Secretary of Education shall pay to Fort Lewis College in the State of Colorado an amount equal to the charges for tuition for all Indian students who are not residents of the State of Colorado and who are enrolled in Fort Lewis College for the academic year ending before the beginning of such fiscal year. (2) Limitation.--The amount paid to Fort Lewis College for each fiscal year under paragraph (1) may not exceed the amount equal to the charges for tuition for all Indian students who were not residents of the State of Colorado and who were enrolled in Fort Lewis College for academic year 2010-2011. (b) Treatment of Payment.--Any amounts received under this section shall be treated as a reimbursement from the State of Colorado to Fort Lewis College for complying with the requirement of section 5 of the Act of April 4, 1910 (36 Stat. 273, chapter 140), to admit Indian students free of charge of tuition. (c) Rule of Construction.--Nothing in this Act shall be construed to relieve the State of Colorado from reimbursing, for purposes of complying with the requirements of section 5 of the Act of April 4, 1910 (36 Stat. 273, chapter 140), Fort Lewis College for each academic year-- (1) with respect to Indian students who are not residents of the State of Colorado and who are enrolled in Fort Lewis College, any amount of charges for tuition for such students that exceeds the amount received under this section for such academic year; and (2) with respect to Indian students who are residents of the State of Colorado and who are enrolled in Fort Lewis College, an amount equal to the charges for tuition for such students for such academic year. (d) Definition.--In this section, the term ``Indian students'' refers to the term ``Indian pupils'' in section 5 of the Act of April 4, 1910 (36 Stat. 269, chapter 140). (e) Funding.--There are authorized to be appropriated, and there are appropriated (in addition to any other amounts appropriated to carry out this section and out of any money in the Treasury not otherwise appropriated), such sums as may be necessary to carry out this section.

Requires the Secretary of Education, beginning in FY2011, to pay to Fort Lewis College in Colorado an amount equal to the charges for tuition for enrolled Indian students who are not Colorado residents. Limits the amount paid to Fort Lewis College per fiscal year to an amount equal to the charges for tuition for Indian students who were non-Colorado residents and were enrolled for the academic year 2010-2011. Treats amounts received under this Act as a reimbursement from Colorado to Fort Lewis College for complying with federal law requiring the admission of Indian students at the College free of charge of tuition. Prohibits anything in this Act from being construed as relieving Colorado from reimbursing Fort Lewis College for each academic year: (1) with respect to enrolled Indian students who are not Colorado residents, any amount of the charges for their tuition which exceeds the amount received under this Act; and (2) with respect to enrolled Indian students who are Colorado residents, an amount equal to the charges for their tuition.

A bill to direct the Secretary of Education to pay to Fort Lewis College in the State of Colorado an amount equal to the tuition charges for Indian students who are not residents of the State of Colorado.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Earmark Transparency Act of 2010''. SEC. 2. UNIFIED AND SEARCHABLE DATABASE FOR CONGRESSIONALLY DIRECTED SPENDING ITEMS. (a) In General.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``unified and searchable database for congressionally directed spending items ``Sec. 316. (a) Establishment of Database.--Within six months after the date of enactment of this section, the Clerk of the House of Representatives and the Secretary of the Senate shall jointly establish a searchable website, available to the public at no cost, listing all requests by Members of Congress for congressionally directed spending items. ``(b) Content.--The website established under subsection (a) shall be comprised of a database including the following information for each congressionally directed spending item requested by a Member of Congress: ``(1) The fiscal year in which the item would be funded. ``(2) The number of the bill or joint resolution for which the request is made, if available. ``(3) The amount of the initial request made by the Member of Congress. ``(4) The amount approved by the committee of jurisdiction. ``(5) The amount carried in the bill or joint resolution (or accompanying report) as passed by the House, as passed by the Senate, and as transmitted to the President, as applicable. ``(6) The name of the department or agency, and the account or program, through which the item will be funded. ``(7) The name and the State or district of the Member of Congress who made the request. ``(8) The name and address of the intended recipient. ``(9) The type of organization (public, private nonprofit, or private for profit entity) of the intended recipient. ``(10) The project name, description, and estimated completion date. ``(11) A justification of the benefit to taxpayers. ``(12) Whether the request is for a continuing project and if so, when funds were first appropriated for such project. ``(13) A description, if applicable, of all non-Federal sources of funding. ``(14) Its current status in the legislative process, including whether it was carried in any bill or joint resolution (or accompanying report) passed by either House, added in a committee of conference between the Houses (or joint explanatory statement of managers) or in an amendment between the Houses, or included in a bill or joint resolution enacted into law, including any changes in the final dollar amount. ``(c) Accessibility of Data.--The website established under subsection (a) shall allow the public to-- ``(1) search, sort, and download all information in the database in a machine-readable format; ``(2) ascertain through a single search, by individual Member of Congress, the total number and dollar value of congressionally directed spending items requested by that Member and the total number and dollar value of such items contained in bills or joint resolutions as passed by either House or enacted into law by fiscal year; ``(3) search and aggregate data based on any category set forth in subsection (b); and ``(4) access the website from the home page of the website of the Clerk of the House of Representatives and of the Secretary of the Senate. ``(d) Timeliness of Data.--(1) Within 5 calendar days of receipt of a request for a congressionally directed spending item from a Member of Congress, each committee of the House of Representatives and of the Senate shall provide to the Clerk of the House of Representatives or the Secretary of the Senate, as applicable, the initial information regarding that request that is required under this section to be placed on the website established under subsection (a). That committee shall provide up-to-date information to the Clerk or Secretary, as applicable. ``(2) The Clerk of the House of Representatives and the Secretary of the Senate shall post on the website established under subsection (a) the information received under paragraph (1) within 2 calendar days (excluding Saturdays, Sundays, or legal holidays except when the House or Senate is in session on such a day). ``(e) Point of Order.--(1) It shall not be in order to consider any bill or joint resolution, or amendment thereto or conference report thereon unless it meets the requirements of this section. ``(2) Subsections (c)(1) and (d)(2) of section 904 of the Congressional Budget Act of 1974 are each amended by inserting `316, ' after `313, '. ``(f) Definitions.--As used in this section-- ``(1) the term `congressionally directed spending item' means a provision or report language included primarily at the request of a Member of Congress providing, authorizing, or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality, or congressional district, other than through a statutory or administrative formula-driven or competitive award process; and ``(2) the term `Member of Congress' means a Senator in, a Representative in, or a Delegate or Resident Commissioner to, the Congress.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: ``Sec. 316. Unified and searchable database for congressionally directed spending items.''.

Earmark Transparency Act of 2010 - Amends the Congressional Budget Act of 1974 to require the Clerk of the House of Representatives and the Secretary of the Senate to establish jointly a free public searchable website, listing all requests by Members of Congress for congressionally directed spending items (congressional earmarks). Requires each congressional committee, within five calendar days of receipt of a request for a congressional earmark from a Member of Congress, to provide to the Clerk and the Secretary, as applicable, the initial required information regarding that request that is required to be placed on the website. Makes it out of order to consider any legislation unless it meets the requirements of this Act.

To amend the Congressional Budget Act of 1974 to require Congress to establish a unified and searchable database on a public website for congressional earmarks.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Streamlining Permitting of American Energy Act of 2012''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--APPLICATION FOR PERMITS TO DRILL PROCESS REFORM Sec. 101. Permit to drill application timeline. Sec. 102. Solar and wind right-of-way rental reform. TITLE II--ADMINISTRATIVE PROTEST DOCUMENTATION REFORM Sec. 201. Administrative protest documentation reform. TITLE III--PERMIT STREAMLINING Sec. 301. Improve Federal energy permit coordination. Sec. 302. Administration of current law. Sec. 303. Policies regarding buying, building, and working for America. TITLE IV--JUDICIAL REVIEW Sec. 401. Definitions. Sec. 402. Exclusive venue for certain civil actions relating to covered energy projects. Sec. 403. Timely filing. Sec. 404. Expedition in hearing and determining the action. Sec. 405. Standard of review. Sec. 406. Limitation on injunction and prospective relief. Sec. 407. Limitation on attorneys' fees. Sec. 408. Legal standing. TITLE I--APPLICATION FOR PERMITS TO DRILL PROCESS REFORM SEC. 101. PERMIT TO DRILL APPLICATION TIMELINE. Section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)) is amended to read as follows: ``(2) Applications for permits to drill reform and process.-- ``(A) Timeline.--The Secretary shall decide whether to issue a permit to drill within 30 days after receiving an application for the permit. The Secretary may extend such period for up to 2 periods of 15 days each, if the Secretary has given written notice of the delay to the applicant. The notice shall be in the form of a letter from the Secretary or a designee of the Secretary, and shall include the names and titles of the persons processing the application, the specific reasons for the delay, and a specific date a final decision on the application is expected. ``(B) Notice of reasons for denial.--If the application is denied, the Secretary shall provide the applicant-- ``(i) in writing, clear and comprehensive reasons why the application was not accepted and detailed information concerning any deficiencies; and ``(ii) an opportunity to remedy any deficiencies. ``(C) Application deemed approved.--If the Secretary has not made a decision on the application by the end of the 60-day period beginning on the date the application is received by the Secretary, the application is deemed approved, except in cases in which existing reviews under the National Environmental Policy Act of 1969 or Endangered Species Act of 1973 are incomplete. ``(D) Denial of permit.--If the Secretary decides not to issue a permit to drill in accordance with subparagraph (A), the Secretary shall-- ``(i) provide to the applicant a description of the reasons for the denial of the permit; ``(ii) allow the applicant to resubmit an application for a permit to drill during the 10-day period beginning on the date the applicant receives the description of the denial from the Secretary; and ``(iii) issue or deny any resubmitted application not later than 10 days after the date the application is submitted to the Secretary. ``(E) Fee.-- ``(i) In general.--Notwithstanding any other law, the Secretary shall collect a single $6,500 permit processing fee per application from each applicant at the time the final decision is made whether to issue a permit under subparagraph (A). This fee shall not apply to any resubmitted application. ``(ii) Treatment of permit processing fee.--Of all fees collected under this paragraph, 50 percent shall be transferred to the field office where they are collected and used to process protests, leases, and permits under this Act subject to appropriation.''. SEC. 102. SOLAR AND WIND RIGHT-OF-WAY RENTAL REFORM. Notwithstanding any other provision of law, each fiscal year, of fees collected as annual wind energy and solar energy right-of-way authorization fees required under section 504(g) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764(g)), 50 percent shall be retained by the Secretary of the Interior to be used, subject to appropriation, by the Bureau of Land Management to process permits, right-of-way applications, and other activities necessary for renewable development, and, at the discretion of the Secretary, by the U.S. Fish and Wildlife Service or other Federal agencies involved in wind and solar permitting reviews to facilitate the processing of wind energy and solar energy permit applications on Bureau of Land Management lands. TITLE II--ADMINISTRATIVE PROTEST DOCUMENTATION REFORM SEC. 201. ADMINISTRATIVE PROTEST DOCUMENTATION REFORM. Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is further amended by adding at the end the following: ``(4) Protest fee.-- ``(A) In general.--The Secretary shall collect a $5,000 documentation fee to accompany each protest for a lease, right of way, or application for permit to drill. ``(B) Treatment of fees.--Of all fees collected under this paragraph, 50 percent shall remain in the field office where they are collected and used to process protests subject to appropriation.''. TITLE III--PERMIT STREAMLINING SEC. 301. IMPROVE FEDERAL ENERGY PERMIT COORDINATION. (a) Establishment.--The Secretary of the Interior (referred to in this section as the ``Secretary'') shall establish a Federal Permit Streamlining Project (referred to in this section as the ``Project'') in every Bureau of Land Management field office with responsibility for permitting energy projects on Federal land. (b) Memorandum of Understanding.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding for purposes of this section with-- (A) the Secretary of Agriculture; (B) the Administrator of the Environmental Protection Agency; and (C) the Chief of the Army Corps of Engineers. (2) State participation.--The Secretary may request that the Governor of any State with energy projects on Federal lands to be a signatory to the memorandum of understanding. (c) Designation of Qualified Staff.-- (1) In general.--Not later than 30 days after the date of the signing of the memorandum of understanding under subsection (b), all Federal signatory parties shall, if appropriate, assign to each of the Bureau of Land Management field offices an employee who has expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in-- (A) the consultations and the preparation of biological opinions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536); (B) permits under section 404 of Federal Water Pollution Control Act (33 U.S.C. 1344); (C) regulatory matters under the Clean Air Act (42 U.S.C. 7401 et seq.); (D) planning under the National Forest Management Act of 1976 (16 U.S.C. 472a et seq.); and (E) the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) Duties.--Each employee assigned under paragraph (1) shall-- (A) not later than 90 days after the date of assignment, report to the Bureau of Land Management Field Managers in the office to which the employee is assigned; (B) be responsible for all issues relating to the energy projects that arise under the authorities of the employee's home agency; and (C) participate as part of the team of personnel working on proposed energy projects, planning, and environmental analyses on Federal lands. (d) Additional Personnel.--The Secretary shall assign to each Bureau of Land Management field office identified in subsection (a) any additional personnel that are necessary to ensure the effective approval and implementation of energy projects administered by the Bureau of Land Management field offices, including inspection and enforcement relating to energy development on Federal land, in accordance with the multiple use mandate of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (e) Funding.--Funding for the additional personnel shall come from the Department of the Interior reforms identified in sections 101, 102, and 201. (f) Savings Provision.--Nothing in this section affects-- (1) the operation of any Federal or State law; or (2) any delegation of authority made by the head of a Federal agency whose employees are participating in the Project. (g) Definition.--For purposes of this section the term ``energy projects'' includes oil, natural gas, coal, and other energy projects as defined by the Secretary. SEC. 302. ADMINISTRATION OF CURRENT LAW. Notwithstanding any other law, the Secretary of the Interior shall not require a finding of extraordinary circumstances in administering section 390 of the Energy Policy Act of 2005. SEC. 303. POLICIES REGARDING BUYING, BUILDING, AND WORKING FOR AMERICA. (a) Congressional Intent.--It is the intent of Congress that-- (1) this Act will support a healthy and growing United States domestic energy sector that, in turn, helps to reinvigorate American manufacturing, transportation, and service sectors by employing the vast talents of United States workers to assist in the development of energy from domestic sources; and (2) Congress will monitor the deployment of personnel and material onshore under this Act to encourage the development of American technology and manufacturing to enable United States workers to benefit from this Act through good jobs and careers, as well as the establishment of important industrial facilities to support expanded access to American energy resources. (b) Requirement.--The Secretary of the Interior shall, when possible and practicable, encourage the use of United States workers and equipment manufactured in the United States in all construction related to mineral resource development under this Act. TITLE IV--JUDICIAL REVIEW SEC. 401. DEFINITIONS. In this Act-- (1) the term ``covered civil action'' means a civil action containing a claim under section 702 of title 5, United States Code, regarding agency action (as defined for the purposes of that section) affecting a covered energy project on Federal lands of the United States; and (2) the term ``covered energy project'' means the leasing of Federal lands of the United States for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other source of energy, and any action under such a lease, except that the term does not include any disputes between the parties to a lease regarding the obligations under such lease, including regarding any alleged breach of the lease. SEC. 402. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING TO COVERED ENERGY PROJECTS. Venue for any covered civil action shall lie in the district court where the project or leases exist or are proposed. SEC. 403. TIMELY FILING. To ensure timely redress by the courts, a covered civil action must be filed no later than the end of the 90-day period beginning on the date of the final Federal agency action to which it relates. SEC. 404. EXPEDITION IN HEARING AND DETERMINING THE ACTION. The court shall endeavor to hear and determine any covered civil action as expeditiously as possible. SEC. 405. STANDARD OF REVIEW. In any judicial review of a covered civil action, administrative findings and conclusions relating to the challenged Federal action or decision shall be presumed to be correct, and the presumption may be rebutted only by the preponderance of the evidence contained in the administrative record. SEC. 406. LIMITATION ON INJUNCTION AND PROSPECTIVE RELIEF. In a covered civil action, the court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct that violation. In addition, courts shall limit the duration of preliminary injunctions to halt covered energy projects to no more than 60 days, unless the court finds clear reasons to extend the injunction. In such cases of extensions, such extensions shall only be in 30-day increments and shall require action by the court to renew the injunction. SEC. 407. LIMITATION ON ATTORNEYS' FEES. Sections 504 of title 5, United States Code, and 2412 of title 28, United States Code, (together commonly called the Equal Access to Justice Act) do not apply to a covered civil action, nor shall any party in such a covered civil action receive payment from the Federal Government for their attorneys' fees, expenses, and other court costs. SEC. 408. LEGAL STANDING. Challengers filing appeals with the Department of the Interior Board of Land Appeals shall meet the same standing requirements as challengers before a United States district court.

Streamlining Permitting of American Energy Act of 2012 - Title I: Application For Permits to Drill Process Reform - (Sec. 101) Amends the Mineral Leasing Act to revise requirements for the issuance of permits to drill in energy projects on federal lands. Authorizes the Secretary of the Interior to extend the initial 30-day permit application review period for up to 2 periods of 15 days each, if the Secretary has given written notice of the delay to the applicant. Deems a permit application approved if the Secretary has made no decision on it 60 days after its receipt. Prescribes a notice requirement for denial of an application. Directs the Secretary to collect a single $6,500 permit processing fee per application from each applicant at the time the decision is made whether or not to issue a permit. (Sec. 102) Requires that 50% of fees collected as annual wind energy and solar energy right-of-way authorization fees be retained by the Secretary for use by: (1) the Bureau of Land Management (BLM) to process permits, right-of-way applications, and other activities necessary for renewable energy development; and (2) either the U.S. Fish and Wildlife Service or other federal agencies involved in wind and solar permitting reviews in order to facilitate the processing of wind energy and solar energy permit applications on BLM lands. Title II: Administrative Protest Documentation Reform - (Sec. 201) Requires the Secretary to collect a $5,000 documentation fee to accompany each protest for a lease, right of way, or application for permit to drill. Title III: Permit Streamlining - (Sec. 301) Requires the Secretary to: (1) establish a Federal Permit Streamlining Project in every BLM Field office with responsibility for permitting energy projects on federal land; and (2) enter into a related memorandum of understanding with the Secretary of Agriculture, the Administrator of the Environmental Protection Agency (EPA), and the Chief of the Army Corps of Engineers. Authorizes the Secretary to request that the governor of any state with energy projects on federal lands be a signatory to the memorandum of understanding. Requires federal signatories to such memorandum to assign staff with special expertise in regulatory issues germane to field offices. (Sec. 302) States that the Secretary shall not require a finding of extraordinary circumstances related to a categorical exclusion in administering the Energy Policy Act of 2005 with respect to review under the National Environmental Policy Act of 1969 (NEPA). (A categorical exclusion [CE or CX] is a category of actions which do not individually or cumulatively have a significant effect on the human environment and for which, as a consequence, neither an environmental assessment [EA] nor an environmental impact statement [EIS] is required. If a proposed action is included in the description provided for a listed CE established by an agency, the agency must check to make sure that no extraordinary circumstances exist that may cause the proposed action to have a significant effect in a particular situation. Extraordinary circumstances typically include such matters as effects to endangered species, protected cultural sites, and wetlands. If the proposed action is not included in the description in the agency's CE, or there are extraordinary circumstances, the agency must prepare an EA or an EIS, or develop a new proposal that may qualify for application of a CE.) (Sec. 303) Expresses the intent of Congress that: (1) this Act will support a growing U.S. domestic energy sector that helps to reinvigorate American manufacturing, transportation, and service sectors by employing U.S. workers to assist in the development of energy from domestic sources; and (2) Congress will monitor the deployment of personnel and material onshore under this Act to encourage the development of American technology and manufacturing to enable workers to benefit from this Act through good jobs and careers, and establishment of important industrial facilities to support expanded access to American energy resources. Directs the Secretary when possible and practicable, to encourage the use of U.S. workers and equipment manufactured in the United States in all construction related to mineral resource development under this Act. Title IV: Judicial Review - (Sec. 402) States that venue for any covered civil action shall lie in the district court where the project or leases exist or are proposed. Sets forth procedures for judicial review of leasing of federal lands for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other energy source of energy.

To streamline the application for permits to drill process and increase funds for energy project permit processing, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voter Registration Modernization Act''. SEC. 2. REQUIRING AVAILABILITY OF INTERNET FOR VOTER REGISTRATION. (a) Requiring Availability of Internet for Registration.--The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) is amended by inserting after section 6 the following new section: ``SEC. 6A. INTERNET REGISTRATION. ``(a) Requiring Availability of Internet for Online Registration.-- ``(1) Availability of online registration.--Each State, acting through the chief State election official, shall ensure that the following services are available to the public at any time on the official public websites of the appropriate State and local election officials in the State, in the same manner and subject to the same terms and conditions as the services provided by voter registration agencies under section 7(a): ``(A) Online application for voter registration. ``(B) Online assistance to applicants in applying to register to vote. ``(C) Online completion and submission by applicants of the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2), including assistance with providing a signature in electronic form as required under subsection (c). ``(D) Online receipt of completed voter registration applications. ``(b) Acceptance of Completed Applications.--A State shall accept an online voter registration application provided by an individual under this section, and ensure that the individual is registered to vote in the State, if-- ``(1) the individual meets the same voter registration requirements applicable to individuals who register to vote by mail in accordance with section 6(a)(1) using the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2); and ``(2)(A) in the case of an individual who has a signature on file with the State motor vehicle authority, the information provided in the application matches the records of such State motor vehicle authority; and ``(B) in any other case, the individual provides a signature in electronic form in accordance with subsection (c). ``(c) Signatures in Electronic Form.--For purposes of this section, an individual provides a signature in electronic form by-- ``(1) executing a computerized mark in the signature field on an online voter registration application; or ``(2) submitting with the application an electronic copy of the individual's handwritten signature through electronic means. ``(d) Provision of Services in Nonpartisan Manner.--The services made available under subsection (a) shall be provided in a manner that ensures that, consistent with section 7(a)(5)-- ``(1) the online application does not seek to influence an applicant's political preference or party registration; and ``(2) there is no display on the website promoting any political preference or party allegiance, except that nothing in this paragraph may be construed to prohibit an applicant from registering to vote as a member of a political party. ``(e) Protection of Security of Information.--In meeting the requirements of this section, the State shall establish appropriate technological security measures to prevent to the greatest extent practicable any unauthorized access to information provided by individuals using the services made available under subsection (a). ``(f) Nondiscrimination Among Registered Voters Using Mail and Online Registration.--In carrying out this Act, the Help America Vote Act of 2002, or any other Federal, State, or local law governing the treatment of registered voters in the State or the administration of elections for public office in the State, a State shall treat a registered voter who registered to vote online in accordance with this section in the same manner as the State treats a registered voter who registered to vote by mail. ``(g) Accessibility of Online Registration.--The services provided under subsection (a) shall be provided in a manner that is accessible to individuals with disabilities, including those that are blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters.''. (b) Treatment as Individuals Registering To Vote by Mail for Purposes of First-Time Voter Identification Requirements.--Section 303(b)(1)(A) of the Help America Vote Act of 2002 (52 U.S.C. 21083(b)(1)(A)) is amended by striking ``by mail'' and inserting ``by mail or online under section 6A of the National Voter Registration Act of 1993''. (c) Conforming Amendments.-- (1) Timing of registration.--Section 8(a)(1) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1)) is amended-- (A) by striking ``and'' at the end of subparagraph (C); (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following new subparagraph: ``(D) in the case of online registration through the official public website of an election official under section 6A, if the valid voter registration application is submitted online not later than the lesser of 30 days, or the period provided by State law, before the date of the election (as determined by treating the date on which the application is sent electronically as the date on which it is submitted); and''. (2) Informing applicants of eligibility requirements and penalties.--Section 8(a)(5) of such Act (52 U.S.C. 20507(a)(5)) is amended by striking ``and 7'' and inserting ``6A, and 7''. SEC. 3. USE OF INTERNET TO UPDATE REGISTRATION INFORMATION. (a) In General.-- (1) Updates to information contained on computerized statewide voter registration list.--Section 303(a) of the Help America Vote Act of 2002 (52 U.S.C. 21083(a)) is amended by adding at the end the following new paragraph: ``(6) Use of internet by registered voters to update information.-- ``(A) In general.--The appropriate State or local election official shall ensure that any registered voter on the computerized list may at any time update the voter's registration information, including the voter's address and electronic mail address, online through the official public website of the election official responsible for the maintenance of the list, so long as the voter attests to the contents of the update by providing a signature in electronic form in the same manner required under section 6A(c) of the National Voter Registration Act of 1993. ``(B) Processing of updated information by election officials.--If a registered voter updates registration information under subparagraph (A), the appropriate State or local election official shall-- ``(i) revise any information on the computerized list to reflect the update made by the voter; and ``(ii) if the updated registration information affects the voter's eligibility to vote in an election for Federal office, ensure that the information is processed with respect to the election if the voter updates the information not later than the lesser of 30 days, or the period provided by State law, before the date of the election.''. (2) Conforming amendment relating to effective date.-- Section 303(d)(1)(A) of such Act (52 U.S.C. 21083(d)(1)(A)) is amended by striking ``subparagraph (B)'' and inserting ``subparagraph (B) and subsection (a)(6)''. (b) Ability of Registrant To Use Online Update To Provide Information on Residence.--Section 8(d)(2)(A) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(d)(2)(A)) is amended-- (1) in the first sentence, by inserting after ``return the card'' the following: ``or update the registrant's information on the computerized Statewide voter registration list using the online method provided under section 303(a)(6) of the Help America Vote Act of 2002''; and (2) in the second sentence, by striking ``returned,'' and inserting the following: ``returned or if the registrant does not update the registrant's information on the computerized Statewide voter registration list using such online method,''. SEC. 4. STUDY ON BEST PRACTICES FOR INTERNET REGISTRATION. (a) In General.--The Director of the National Institute of Standards and Technology shall conduct an ongoing study on best practices for implementing the requirements for Internet registration under section 6A of the National Voter Registration Act of 1993 (as added by section 2) and the requirement to permit voters to update voter registration information online under section 303(a)(6) of the Help America Vote Act of 2002 (as added by section 3) in a fully accessible manner. (b) Report.-- (1) In general.--Not later than 4 months after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall make publicly available a report on the study conducted under subsection (a). (2) Quadrennial update.--The Director of the National Institute of Standards and Technology shall review and update the report made under paragraph (1). (c) Use of Best Practices in EAC Voluntary Guidance.--Subsection (a) of section 311 of the Help America Vote Act of 2002 (52 U.S.C. 21101(a)) is amended by adding at the end the following new sentence: ``Such voluntary guidance shall utilize the best practices developed by the Director of the National Institute of Standards and Technology under section 4 of the Voter Registration Modernization Act for the use of the Internet in voter registration.''. SEC. 5. PROVISION OF ELECTION INFORMATION BY ELECTRONIC MAIL TO INDIVIDUALS REGISTERED TO VOTE. (a) Including Option on Voter Registration Application To Provide E-Mail Address and Receive Information.-- (1) In general.--Section 9(b) of the National Voter Registration Act of 1993 (52 U.S.C. 20508(b)) is amended-- (A) by striking ``and'' at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(5) shall include a space for the applicant to provide (at the applicant's option) an electronic mail address, together with a statement that, if the applicant so requests, instead of using regular mail the appropriate State and local election officials shall provide to the applicant, through electronic mail sent to that address, the same voting information (as defined in section 302(b)(2) of the Help America Vote Act of 2002) which the officials would provide to the applicant through regular mail.''. (2) Prohibiting use for purposes unrelated to official duties of election officials.--Section 9 of such Act (52 U.S.C. 20508) is amended by adding at the end the following new subsection: ``(c) Prohibiting Use of Electronic Mail Addresses for Other Than Official Purposes.--The chief State election official shall ensure that any electronic mail address provided by an applicant under subsection (b)(5) is used only for purposes of carrying out official duties of election officials and is not transmitted by any State or local election official (or any agent of such an official, including a contractor) to any person who does not require the address to carry out such official duties and who is not under the direct supervision and control of a State or local election official.''. (b) Requiring Provision of Information by Election Officials.-- Section 302(b) of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)) is amended by adding at the end the following new paragraph: ``(3) Provision of other information by electronic mail.-- If an individual who is a registered voter has provided the State or local election official with an electronic mail address for the purpose of receiving voting information (as described in section 9(b)(5) of the National Voter Registration Act of 1993), the appropriate State or local election official, through electronic mail transmitted not later than 30 days before the date of the election involved, shall provide the individual with information on how to obtain the following information by electronic means: ``(A) The name and address of the polling place at which the individual is assigned to vote in the election. ``(B) The hours of operation for the polling place. ``(C) A description of any identification or other information the individual may be required to present at the polling place.''. SEC. 6. CLARIFICATION OF REQUIREMENT REGARDING NECESSARY INFORMATION TO SHOW ELIGIBILITY TO VOTE. Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 20507) is amended-- (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: ``(j) Requirement for State To Register Applicants Providing Necessary Information To Show Eligibility To Vote.--For purposes meeting the requirement of subsection (a)(1) that an eligible applicant is registered to vote in an election for Federal office within the deadlines required under such subsection, the State shall consider an applicant to have provided a `valid voter registration form' if-- ``(1) the applicant has accurately completed the application form and attested to the statement required by section 9(b)(2); and ``(2) in the case of an applicant who registers to vote online in accordance with section 6A, the applicant provides a signature in accordance with subsection (c) of such section.''. SEC. 7. IMPLEMENTATION PAYMENTS. (a) In General.--The Election Assistance Commission shall make an implementation payment each year in an amount determined under subsection (c) to each State. (b) Use of Funds.-- (1) In general.--Except as provided in paragraph (2), a State receiving a payment under subsection (a) shall use the payment only to meet the requirements of this Act. (2) Other activities.--A State may use implementation payments to carry out other activities to improve the administration of elections for Federal office if the State certifies to the Commission that-- (A) the State has implemented the requirements of this Act; and (B) the amount expended with respect to such other activities does not exceed the an amount equal to the minimum payment amount applicable to the State under subsection (c)(3). (3) Limitation.--Rules similar to the rules of section 251(f) of the Help America Vote Act of 2002 (52 U.S.C. 21001(f)) shall apply for purposes of this section. (c) Allocation of Funds.-- (1) In general.--Subject to paragraph (3), the amount of an implementation payment made to a State for any year shall be equal to-- (A) the total amount appropriated for implementation payments for the year pursuant to the authorization under subsection (d); and (B) the State allocation percentage for the State. (2) State allocation percentage.--The term ``State allocation percentage'' has the same meaning as given such term under section 252(b) of the Help America Vote Act of 2002 (52 U.S.C. 21002(b)). (3) Minimum amount of payment; other rules.--Rules similar to the rules of subsections (c), (d), and (e) of section 252 of such Act (52 U.S.C. 21002) shall apply for purposes of this subsection. (d) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated for implementation payments under this section $15,000,000 for fiscal year 2015. (2) Availability.--Any amounts appropriated pursuant to the authority of paragraph (1) shall remain available without fiscal year limitation until expended. (e) Reports.--Not later than April 1, 2017, each State which received an implementation payment under this section shall submit a report to the Commission on the activities conducted with funds provided under this section. SEC. 8. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this Act (other than the amendments made by section 5) shall take effect January 1, 2016. (b) Waiver.--If a State certifies to the Election Assistance Commission not later than January 1, 2016, that the State will not meet the deadline referred to in subsection (a) for good cause and includes in the certification the reasons for the failure to meet such deadline, subsection (a) shall apply to the State as if the reference in such subsection to ``January 1, 2016'' were a reference to ``January 1, 2018''.

Voter Registration Modernization Act - Amends the National Voter Registration Act of 1993 (NVRA) to require each state to make available official public websites for online voter registration. Directs the appropriate state or local election official to ensure that information on the computerized statewide voter registration list may be updated through the official public website. Directs the Director of the National Institute of Standards and Technology (NIST) to study best practices for implementing the requirements for Internet registration and the online updating of voter registration information. Authorizes the provision of election information by electronic mail to individuals registered to vote who have requested to receive it. Directs the Election Assistance Commission (EAC) to make an implementation payment each year to enable each state to meet the requirements of this Act and to carry out activities to improve the administration of federal elections.

Voter Registration Modernization Act

SECTION 1. DESIGNATION OF TAUNTON RIVER, MASSACHUSETTS. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: ``(__) Taunton River, Massachusetts.--The main stem of the Taunton River from its headwaters at the confluence of the Town and Matfield Rivers in the Town of Bridgewater downstream 40 miles to the confluence with the Quequechan River at the Route 195 Bridge in the City of Fall River, to be administered by the Secretary of the Interior in cooperation with the Taunton River Stewardship Council as follows: ``(A) The 18-mile segment from the confluence of the Town and Matfield Rivers to Route 24 in the Town of Raynham, as a scenic river. ``(B) The 5-mile segment from Route 24 to 0.5 miles below Weir Bridge in the City of Taunton, as a recreational river. ``(C) The 8-mile segment from 0.5 miles below Weir Bridge to Muddy Cove in the Town of Dighton, as a scenic river. ``(D) The 9-mile segment from Muddy Cove to the confluence with the Quequechan River at the Route 195 Bridge in the City of Fall River, as a recreational river.''. SEC. 2. MANAGEMENT OF TAUNTON RIVER, MASSACHUSETTS. (a) Taunton River Stewardship Plan.-- (1) In general.--Each river segment added to section 3(a) of the Wild and Scenic Rivers Act by section 1 of this Act shall be managed in accordance with the Taunton River Stewardship Plan, dated July 2005 (including any amendment to the Taunton River Stewardship Plan that the Secretary of the Interior (referred to in this section as the ``Secretary'') determines to be consistent with this Act). (2) Effect.--The Taunton River Stewardship Plan described in paragraph (1) shall be considered to satisfy each requirement relating to the comprehensive management plan required under section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (b) Cooperative Agreements.--To provide for the long-term protection, preservation, and enhancement of each river segment added to section 3(a) of the Wild and Scenic Rivers Act by section 1 of this Act, pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e) and 1282(b)(1)), the Secretary may enter into cooperative agreements (which may include provisions for financial and other assistance) with-- (1) the Commonwealth of Massachusetts (including political subdivisions of the Commonwealth of Massachusetts); (2) the Taunton River Stewardship Council; and (3) any appropriate nonprofit organization, as determined by the Secretary. (c) Relation to National Park System.--Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), each river segment added to section 3(a) of the Wild and Scenic Rivers Act by section 1 of this Act shall not be-- (1) administered as a unit of the National Park System; or (2) subject to the laws (including regulations) that govern the administration of the National Park System. (d) Land Management.-- (1) Zoning ordinances.--The zoning ordinances adopted by the Towns of Bridgewater, Halifax, Middleborough, Raynham, Berkley, Dighton, Freetown, and Somerset, and the Cities of Taunton and Fall River, Massachusetts (including any provision of the zoning ordinances relating to the conservation of floodplains, wetlands, and watercourses associated with any river segment added to section 3(a) of the Wild and Scenic Rivers Act by section 1 of this Act), shall be considered to satisfy each standard and requirement described in section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). (2) Villages.--For the purpose of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), each town described in paragraph (1) shall be considered to be a village. (3) Acquisition of land.-- (A) Limitation of authority of secretary.--With respect to each river segment added to section 3(a) of the Wild and Scenic Rivers Act by section 1 of this Act, the Secretary may only acquire parcels of land-- (i) by donation; or (ii) with the consent of the owner of the parcel of land. (B) Prohibition relating to acquisition of land by condemnation.--In accordance with section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), with respect to each river segment added to section 3(a) of the Wild and Scenic Rivers Act by section 1 of this Act, the Secretary may not acquire any parcel of land by condemnation. SEC. 3. ENERGY AND CONGRESSIONAL REVIEW. The Secretary of the Interior, in consultation with the Secretary of Energy and private industry, shall complete and submit to the Committee on Natural Resources of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, and Senators and Representatives from the States affected by the designation, a report using the best available data and regarding the energy resources available on the lands and waters included in the segments of the Taunton River designated under section 2 of this Act. The report shall-- (1) contain the best available description of the energy resources available on the land and report on the specific amount of energy withdrawn from possible development; and (2) identify cubic feet of natural gas, natural gas transmission and storage potential, megawatts of geothermal, wind and solar energy that could be commercially produced, annual available biomass for energy production, and any megawatts of hydropower resources available, including tidal, traditional dams, and in-stream flow turbines. SEC. 4. HUNTING, FISHING, TRAPPING, AND RECREATIONAL SHOOTING. Nothing in this Act shall be construed as affecting the authority, jurisdiction, or responsibility of the Commonwealth of Massachusetts to manage, control, or regulate fish and resident wildlife under State law or regulations, including the regulation of hunting, fishing, trapping, and recreational shooting. Nothing in this Act shall be construed as limiting access for hunting, fishing, trapping, or recreational shooting. SEC. 5. DOMESTICALLY-PRODUCED ENERGY RESOURCES. Nothing in this Act shall impact the supply of domestically- produced energy resources. Passed the House of Representatives July 16, 2008. Attest: LORRAINE C. MILLER, Clerk. By Robert F. Reeves, Deputy Clerk.

Amends the Wild and Scenic Rivers Act (the Act) to designate specified segments of the Taunton River in Massachusetts as a component of the National Wild and Scenic Rivers System. Requires the river segments to be managed in accordance with the Taunton River Stewardship Plan, dated July 2005, including any amendment to such Plan, that the Secretary of the Interior determines to be consistent with this Act. Authorizes the Secretary, in order to provide for the protection, preservation, and enhancement of each river segment, to enter into cooperative agreements, which may include provisions for financial and other assistance, with: (1) the Commonwealth of Massachusetts (including the political subdivisions of Massachusetts); (2) the Taunton River Stewardship Council; and (3) any appropriate nonprofit, as determined by the Secretary. Bars the river segments from being: (1) administered as a unit of the National Park System; or (2) subject to the laws (including regulations) that govern the administration of such System. Considers the zoning ordinances adopted by specified towns and cities, including any provision of the zoning ordinances related to the conservation of floodplains, wetlands, and watercourses associated with any river segment designated by this Act, to satisfy each standard and requirement under the Act regarding the prohibition on the federal acquisition of certain lands by condemnation for inclusion in any national, wild, scenic, or recreational river area. Authorizes the Secretary, respecting each river segment, to only acquire parcels of land by donation or with the owner's consent. Prohibits the acquisition of any parcel by condemnation. Requires the Secretary, in consultation with the Secretary of Energy and private industry, to complete a report regarding the energy resources available on the lands and waters included in the segments of the Taunton River designated by this Act. Prohibits anything in this Act from: (1) being construed as affecting the authority or responsibility of Massachusetts to manage or regulate fish and resident wildlife, including the authority to regulate hunting, fishing, trapping, and recreational shooting; (2) being construed as limiting access for hunting, fishing, trapping, or recreational shooting; or (3) impacting the supply of domestically-produced energy resources.

To amend the Wild and Scenic Rivers Act to designate segments of the Taunton River in the Commonwealth of Massachusetts as a component of the National Wild and Scenic Rivers System.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Retiree's Investment Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States banking system's ability to extend credit on a basis consistent with healthy economic activity is restricted by a need or desire to conserve capital in the face of anticipated losses. (2) A shortage of banking capital may continue to exist because private investors are generally unwilling to provide such capital given their inability to accurately assess the risk exposure of any individual institution while the Federal Government's ability to function as a capital provider may be constrained by concerns regarding Federal control of the banking system as well its desire to use Federal funds in numerous areas besides capitalization of the banking system. (3) State and local public pension funds are long term investors whose constituents benefit from a well-capitalized banking system with the ability to extend credit broadly at all levels of the economy. (4) Certain State and local pension plans have broad investment powers under State law which would include the ability to form cooperative business endeavors solely owned by them or in concert with public pension plans in other States. (5) Certain of these public pension plans have indicated their willingness and ability to rapidly form and fund a vehicle to be mutually owned by them for the sole purpose of investing in preferred stocks of United States banking institutions subject to certain guaranties provided by the Secretary of the Treasury or other appropriate Federal Government officer or agency. SEC. 3. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Eligible investments.--The term ``eligible investment'' means any preferred stock investment which meets the requirements of this Act by any public pension bank capital infusion fund. (2) Public pension plans.--The term ``public pension plan'' means any State and local pension plan that has broad investment powers and authority under State law, including the authority to establish, administer, and participate in cooperative business endeavors solely owned by the plan or other public pension plans. (3) Public pension bank capital infusion fund.--The term ``public pension bank capital infusion fund'' means any investment vehicle mutually owned by public pension plans for the sole purpose of investing in preferred stocks of United States banking institutions, subject to certain guarantees provided by the Secretary of the Treasury or other appropriate Federal Government officer or agency, that meets the requirements of this Act for such capital infusion funds. (4) Qualified equity offering.--The term ``qualified equity offering'' means the sale for cash, by a financial institution after the date of an investment by a public pension bank capital infusion fund in any eligible investment issued by such institution, of perpetual preferred stock or common stock which qualifies as Tier 1 capital of such financial institution. (5) Reguarantee.--The term ``reguarantee'' means a guarantee issued by a guarantor of the payment of, or the fulfillment of any other obligation under, a guarantee issued by another guarantor. (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. SEC. 4. PUBLIC PENSION PLAN INVESTMENTS IN CERTAIN BANK PREFERRED STOCK INSTRUMENTS. (a) Guarantee and Reguarantee Authority.--The Secretary may guarantee eligible investments or reguarantee a guarantee of eligible investments. (b) Requirements and Procedures for Guarantees.-- (1) Term and other conditions of guarantees.--Any guarantee or reguarantee provided by the Secretary under subsection (a) with respect to an eligible investment shall-- (A) be an unconditional guarantee for the life of the eligible investment; and (B) shall cover the timely payment of dividends on, and the ultimate return of principal of, such eligible investment, in accordance with the terms of the eligible investment. (2) Procedures.--The process by which the Secretary shall be notified of a need to perform under a guarantee or reguarantee issue under subsection (a) and the manner in which the Secretary shall perform the duties of guarantor or reguarantor shall be mutually agreed to by the Secretary, the other guarantor, in the case of a reguarantee from the Secretary, and the public pension bank capital infusion fund. (c) Terms of Eligibility for Public Pension Plans.-- (1) Authorized under state law.--The Secretary may not guarantee or reguarantee eligible investments of a public pension bank capital infusion fund under subsection (a) unless each public pension plan which has a mutual ownership interest in such capital infusion fund is authorized under State law to establish, or participate in the formation of, a wholly owned mutual fund or a limited liability corporation, in the case of joint ownership with other public pension plans. (2) Choice of law issue.--The powers of any public pension plan for purposes of this subsection shall-- (A) in all instances be determined by the law of the domicile State of such public pension plans; and (B) in the case of a joint endeavor among public pension plans from different States, by a choice of law agreement (among the participating public pension plans) to which each State represented by a plan has granted full faith and credit. (d) Terms of Eligibility for Eligible Investments by a Public Pension Bank Capital Infusion Fund.-- (1) Maximum amount per fund.--The eligible investments of a public pension bank capital infusion fund shall be eligible for a guarantee or reguarantee under this section only if the aggregate amount of such investments by the fund do not exceed $50,000,000,000. (2) Institution eligible for investments.--Only an investment in preferred stock that meets the requirements of subsection (e) and has been issued by a financial institution which meets the definition of a qualifying financial institution under the TARP Capital Purchase Program established under the authority of the Emergency Economic Stabilization Act of 2008 may be treated as an eligible investment for purposes of this Act. (e) Preferred Stock Requirements.--Preferred stock meets the requirements of this subsection if the following terms and conditions are met by such stock: (1) Security.--The stock bears senior preferred status with a liquidation preference of $1,000 per share or higher as provided in the TARP Capital Purchase Program. (2) Ranking.--The stock is senior to common stock and pari passu with existing preferred shares other than preferred shares which by their terms rank junior to any existing preferred shares. (3) Regulatory capital status.--The preferred stock meets the requirement for treatment as Tier I capital for the financial institution which issued it. (4) Term.--The term of the stock is perpetual. (5) Dividends.-- (A) In general.--The stock pays cumulative dividends at-- (i) an initial rate of 8.5 percent per year; and (ii) after the end of the 1-year period beginning on the date of the enactment of this Act, at the prevailing reset rate determined in accordance with subparagraph (B). (B) Reset rate.--The term ``reset rate'' means the rate determined at the end of the 1-year period beginning on the date of the enactment of this Act and each 1-year period thereafter by adding together-- (i) the yield prevailing as of the close of business of the date of the determination on 10-year United States treasury notes; and (ii) the difference between 8.5 percent and the yield prevailing as of the close of business on the date of the enactment of this Act on 10-year United States treasury notes. (6) Redemption.-- (A) Timing.--The redemption of the stock is subject to the following conditions: (i) The stock may not be redeemed for a period of 3 years from the date of the initial investment by the public pension bank capital infusion fund, except with the proceeds from a qualified equity offering which results in aggregate gross proceeds to the financial institution which issued the stock of not less than 25 percent of the issue price of the stock. (ii) After the third anniversary of the date of the investment, the stock may be redeemed, in whole or in part, at any time and from time to time, at the option of the financial institution. (B) Amount.--All redemptions of the stock are at 100 percent of the issue price, plus any accrued and unpaid dividends and shall be subject to the approval of the primary Federal financial regulator of the issuing financial institution. (7) Restrictions on dividends.--For as long as the preferred stock is outstanding, no dividends may be declared or paid on junior preferred shares, preferred shares ranking pari passu with the preferred stock, or common shares (other than in the case of pari passu preferred shares' dividends on a pro rata basis with the preferred stock) nor may the financial institution which issued the preferred stock repurchase or redeem any junior preferred shares, preferred shares ranking pari passu with the preferred stock, or common shares until such time as the preferred stock has been redeemed in whole. (8) Voting rights.--The preferred stock is nonvoting, other than class voting rights on-- (A) any authorization or issuance of shares ranking senior to the preferred stock; (B) any amendment to the rights of the preferred stock; or (C) any merger, exchange or similar transaction which would adversely affect the rights of the preferred stock. (9) Appoint of directors.--The stock instrument provides that if dividends on the preferred stock are not paid in full for more than 4 consecutive dividend periods, the Secretary may elect 2 directors to serve on the board of directors of the issuing financial institution until such time as full dividends have been paid for 4 consecutive dividend periods. (10) Timing of guaranty payments.--The payment of guaranty payments under this Act shall be pursuant to a policy mutually agreed to by the Secretary, the other guarantor, in the case of a reguarantee from the Secretary, and the public pension bank capital infusion fund which policy shall be consistent with the intent of the guarantee, as specified in section 4(b). (f) Effective Period of Guarantee Authority.--Notwithstanding any other provision of this section, any guarantee or reguarantee under this subsection may only be provided on an eligible investment whose initial issuance is made before the end of the 3-year period beginning on the date of the enactment of this Act . (g) Treatment Under Other Law.--A public pension bank capital infusion fund that is a mutual fund vehicle or limited liability corporation owned by one or more public pension plans and managed under contract by an appropriate service vender (as approved by the Secretary) who reports to the fund directly or through its chief investment officer shall be deemed to be a political subdivision of a State as that term is defined in section 414(d) of the Internal Revenue Code of 1986 and shall be exempt from taxation pursuant to section 115 of such Code. (h) Reports.-- (1) In general.--In the case of any guarantee or reguarantee issued by the Secretary, under subsection (a), with respect to eligible investments, the guarantor of such eligible investments shall submit a report to the Congress (and to the Secretary, in any case in which the Secretary is the reguarantor) on the status of the guarantee or reguarantee. (2) Contents.--Each report submitted under paragraph (1) shall include, at a minimum-- (A) the name of any institution issuing eligible investments for which a guarantee is in effect; (B) the face amount of each eligible investment covered by the guarantee; (C) the amount of dividends paid, declared and due under the terms of the eligible investment; and (D) the amount of any payments made by the guarantor as a result of the enactment of this Act.

Public Retiree's Investment Act of 2009 - Authorizes the Secretary of the Treasury to guarantee eligible investments, or reguarantee a guarantee of eligible investments, by any public pension bank capital infusion fund mutually owned by state and local pension plans for the sole purpose of investing in preferred stocks of U.S. banking institutions. Requires each public pension plan with a mutual ownership interest in a capital infusion fund to be authorized by state law to establish, or participate in the formation of, a wholly owned mutual fund or a limited liability corporation, in the case of joint ownership with other public pension plans. Caps the maximum amount of investments by such such a capital infusion fund at $50 billion. Restricts eligible investments to those in the preferred stock of a qualifying financial institution under the Troubled Asset Relief Program (TARP) Capital Purchase Program established under the Emergency Economic Stabilization Act of 2008 (EESA).

To secure additional Tier I capital for the United States banking system from parties other than the Federal Government by providing authority to the Secretary of the Treasury to guaranty certain new preferred stock investments made by public pensions acting in a collective fashion, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Agricultural Bioterrorism Countermeasures Act of 2001''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Biosecurity upgrades at Department of Agriculture and related facilities. Sec. 4. Intramural agricultural bioterrorism research and development. Sec. 5. Consortium for countermeasures against agricultural bioterrorism. Sec. 6. Agricultural bioterrorism competitive research grants. Sec. 7. Expansion of Animal and Plant Health Inspection Service activities. Sec. 8. Expansion of Food Safety Inspection Service activities. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The events of September 11, 2001, have heightened awareness of the threat of acts of bioterrorism, including attacks directed at the domestic food supply and underlying agriculture. (2) Evidence of access to and rudimentary experiments with chemical and biological agents and the reported interest in the operation of cropdusting aircraft point to possible terrorist intent to use biological or chemical weapons. (3) An attack of agricultural bioterrorism would pose serious challenges such as-- (A) hazards to human health; (B) erosion of public confidence in the safety of the domestic food supply; and (C) damage to the economy. (4) It is important to develop short- and long-term strategies and supporting technology to more effectively and efficiently protect the domestic food supply from acts of bioterrorism. (5) A program of ongoing research and development is required to reduce the vulnerability of plant and animal agriculture and the food supply. (6) It is critical to bring Federal, academic, and private sector capacities to bear on the threat of agricultural bioterrorism. (b) Purposes.--The purposes of this Act are-- (1) to strengthen the research and development capacity of the United States to respond to the threat of agricultural bioterrorism; (2) to promote the collaboration between the Federal, academic, and private sectors in addressing agricultural bioterrorism; and (3) to strengthen the capacity of regulatory agencies to prepare for, respond to, and mitigate the consequences of a bioterrorist attack. SEC. 3. BIOSECURITY UPGRADES AT DEPARTMENT OF AGRICULTURE AND RELATED FACILITIES. (a) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Agriculture $870,000,000 to enable the Agricultural Research Service to comply with the requirements of the Department of Agriculture's biosecurity responsibilities under Presidential Directive 67 with respect to the conduct of activities to secure existing facilities where potential animal and plant pathogens are housed or researched and to improve food safety research activities. (b) Distribution of Amounts.--The amounts appropriated pursuant to the authorization of appropriations in subsection (a) shall be made available as follows: (1) $220,000,000 shall be made available for renovation, update, and expansion of the Biosafety Level 3 laboratory and animal research facilities at the Plum Island Animal Disease Center (Greenport, New York). (2) $385,000,000 shall be made available for the Agricultural Research Service/Animal and Plant Health Inspection Service facility in Ames, Iowa. (3) $106,000,000 shall be made available for the planning and design of an Agricultural Research Service biocontainment laboratory for poultry research in Athens, Georgia. (4) $9,000,000 shall be made available for the planning, updating, and renovation of the Arthropod-Bome Animal Disease Laboratory in Laramie, Wyoming. (5) $120,000,000 shall be made available for collaborative research with the Oklahoma City National Memorial Institute for the Prevention of Terrorism, the Department of Justice, and other law enforcement and emergency preparedness organizations. (6) $10,000,000 shall be made available for the purchase of rapid detection field test kits to be distributed by the Secretary of Agriculture to State and local agencies engaged in defending against agroterrorism and the training of appropriate authorities. (7) $20,000,000 shall be made available for the updating, expansion, and renovation of the Biosensor Technologies Research Center at Oklahoma State University in Stillwater, Oklahoma. SEC. 4. INTRAMURAL AGRICULTURAL BIOTERRORISM RESEARCH AND DEVELOPMENT. (a) In General.--The Secretary of Agriculture shall expand Agricultural Research Service programs to protect the domestic food supply by-- (1) enhancing the capability to respond immediately to the needs of regulatory agencies involved in protecting the food supply; (2) cooperating with academic and private sector partners to maximize the impact of research and development; (3) strengthening linkages with the intelligence community to better identify research needs and evaluate acquired materials; (4) expanding the involvement of the Agricultural Research Service with international organizations dealing with plant and animal disease control; and (5) taking other appropriate measures. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $140,000,000 for each of fiscal years 2003 through 2007. SEC. 5. CONSORTIUM FOR COUNTERMEASURES AGAINST AGRICULTURAL BIOTERRORISM. (a) Establishment.--The Secretary of Agriculture shall establish a Consortium for Countermeasures Against Agricultural Bioterrorism to help form stable long-term programs of research, development, and evaluation of options to enhance the biosecurity of United States agriculture. (b) Membership.-- (1) In general.--The Consortium shall be comprised of institutions of higher education positioned to partner with Federal agencies to address agricultural bioterrorism. (2) Designation.--The Secretary of Agriculture shall designate for membership in the Consortium-- (A) 3 institutions of higher education that are national centers for countermeasures against agricultural bioterrorism; and (B) not more than 7 additional institutions of higher education with existing programs relating to agricultural bioterrorism. (3) National centers.--The national centers shall be selected using the following criteria: (A) Co-location of Department of Agriculture laboratories or training centers with member institutions. (B) Demonstrated expertise in the area of plant and animal diseases. (C) Located at Land Grant Institutions that have a College of Veterinary Medicine, an on-site animal disease diagnostic laboratory, and the capability to conduct on-site training and training via distance education technology. (D) Close coordination with State cooperative extension programs that work in cooperation with industry, farm and commodity organizations, and regulatory agencies. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2003 through 2007. SEC. 6. AGRICULTURAL BIOTERRORISM COMPETITIVE RESEARCH GRANTS. (a) In General.--The Secretary of Agriculture shall enhance the National Research Initiative of the Competitive Grants Program of the Cooperative State Research, Education, and Extension Service by awarding grants focused on the science and technology needed to protect against and deal with acts of bioterrorism directed at the domestic food supply and agriculture. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2003 through 2007. SEC. 7. EXPANSION OF ANIMAL AND PLANT HEALTH INSPECTION SERVICE ACTIVITIES. (a) In General.--The Secretary of Agriculture shall enhance and expand the capacity of the Animal and Plant Health Inspection Service by-- (1) increasing inspection capacity at international points of origin; (2) improving surveillance at ports of entry and customs; (3) enhancing methods of protecting against introduction of plant and animal disease organisms by terrorists; (4) adopting new strategies and technology for dealing with outbreaks of plant and animal disease arising from acts of terrorism or from unintentional introduction, including establishing cooperative agreements among entities described in subsection (b) to enhance the preparedness and ability of Veterinary Services of the Animal and Plant Health Inspection Service and such entities to respond to outbreaks of such animal diseases; (5) strengthening the planning and coordination with State and local agencies, including the entities described in subsection (b); and (6) taking other appropriate measures. (b) Cooperating Entities.--The entities referred to in paragraphs (4) and (5) of subsection (a) are the following: (1) Veterinary Services of the Animal and Plant Health Inspection Service. (2) State animal health commissions and regulatory agencies for livestock and poultry health. (3) State agriculture departments. (4) Accredited colleges of veterinary medicine that are co- located with an accredited animal disease diagnostic laboratory and connected via high speed internet to national animal disease laboratories (to facilitate telemedicine sharing of necropsy images and histopathology images), animal diagnostic centers, State departments of public health, and the Center for Disease Control and Prevention. (5) Private veterinary practitioners. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $140,000,000 for each of fiscal years 2003 through 2007. SEC. 8. EXPANSION OF FOOD SAFETY INSPECTION SERVICE ACTIVITIES. (a) In General.--The Secretary of Agriculture shall enhance and expand the capacity of the Food Safety Inspection Service by-- (1) enhancing the ability to inspect and ensure the safety and wholesomeness of meat and poultry products; (2) developing new methods for rapid detection and identification of diseases and other hazardous agents; (3) applying new technologies to improve ante mortem and post mortem inspection procedures; (4) improving the capacity to inspect international meat and poultry products at points of origin and at ports of entry; and (5) strengthening collaboration among agencies within the Department of Agriculture and in other parts of Federal and State government through the sharing of information and technology. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $140,000,000 for each of fiscal years 2003 through 2007.

Agricultural Bioterrorism Countermeasures Act of 2001 - Authorizes appropriations for biosecurity upgrades at specified Department of Agriculture and related facilities.Directs the Secretary of Agriculture, with respect to bioterrorism countermeasures, to: (1) expand Agricultural Research Service programs to protect the domestic food supply; (2) establish a Consortium for Countermeasures Against Agricultural Bioterrorism comprised of institutions of higher education in partnership with Federal agencies to develop long-term biosecurity programs; (3) enhance the National Research Initiative of the Competitive Grants Program of the Award Grants Program of the Cooperative State Research, Education, and Extension Service by awarding grants for bioterrorism protective measures; and (4) expand the capacities of the Animal and Plant Health Inspection Service and the Food Safety Inspection Service. Authorizes appropriations.

To establish a coordinated program of science-based countermeasures to address the threats of agricultural bioterrorism.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dangerous Explosives Background Checks Requirement Act''. SEC. 2. PERMITS AND BACKGROUND CHECKS FOR PURCHASES OF EXPLOSIVES. (a) Permits for Purchase of Explosives in General.-- (1) In general.--Section 842 of title 18, United States Code, is amended-- (A) in subsection (a)(3), by striking subparagraphs (A) and (B) and inserting the following: ``(A) to transport, cause to be transported, ship, or receive any explosive materials; or ``(B) to distribute explosive materials to any person other than a licensee or permittee.''; and (B) in subsection (b)-- (i) in paragraph (1), by adding ``or'' at the end; (ii) in paragraph (2), by striking ``; or'' and inserting a period; and (iii) by striking paragraph (3). (2) Regulations.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury shall promulgate final regulations with respect to the amendments made by paragraph (1). (B) Notice to states.--On the promulgation of final regulations under subparagraph (A), the Secretary of the Treasury shall notify the States of the regulations in order that the States may consider legislation to amend relevant State laws relating to explosives. (b) Background Checks.--Section 842 of title 18, United States Code, is amended by adding at the end the following: ``(q) Background Checks.-- ``(1) Definitions.--In this subsection: ``(A) Chief law enforcement officer.--The term `chief law enforcement officer' means the chief of police, the sheriff, or an equivalent officer or the designee of such an individual. ``(B) System.--The term `system' means the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note). ``(2) Prohibition.--A licensed importer, licensed manufacturer, or licensed dealer shall not transfer explosive materials to a permitee unless-- ``(A) before the completion of the transfer, the licensee contacts the system; ``(B)(i) the system provides the licensee with a unique identification number; or ``(ii) 5 days on which State offices are open have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of explosive materials by the transferee would violate subsection (i); ``(C) the transferor has verified the identity of the transferee by examining a valid identification document (as defined in section 1028(d)) of the transferee containing a photograph of the transferee; and ``(D) the transferor has examined the permit issued to the transferee under section 843 and recorded the permit number on the record of the transfer. ``(3) Identification number.--If receipt of explosive materials would not violate section 842(i) or State law, the system shall-- ``(A) assign a unique identification number to the transfer; and ``(B) provide the licensee with the number. ``(4) Exceptions.--Paragraph (2) shall not apply to a transfer of explosive materials between a licensee and another person if, on application of the transferor, the Secretary has certified that compliance with paragraph (2)(A) is impracticable because-- ``(A) the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025; ``(B) the business premises of the licensee at which the transfer is to occur are extremely remote in relation to the chief law enforcement officer; and ``(C) there is an absence of telecommunications facilities in the geographical area in which the business premises are located. ``(5) Inclusion of identification number.--If the system notifies the licensee that the information available to the system does not demonstrate that the receipt of explosive materials by the transferee would violate subsection (i) or State law, and the licensee transfers explosive materials to the transferee, the licensee shall include in the record of the transfer the unique identification number provided by the system with respect to the transfer. ``(6) Penalties.--If the licensee knowingly transfers explosive materials to another person and knowingly fails to comply with paragraph (2) with respect to the transfer, the Secretary may, after notice and opportunity for a hearing-- ``(A) suspend for not more than 6 months, or revoke, any license issued to the licensee under section 843; and ``(B) impose on the licensee a civil penalty of not more than $5,000. ``(7) No liability.--Neither a local government nor an employee of the Federal Government or of any State or local government, responsible for providing information to the system shall be liable in an action at law for damages-- ``(A) for failure to prevent the transfer of explosive materials to a person whose receipt or possession of the explosive material is unlawful under this section; or ``(B) for preventing such a transfer to a person who may lawfully receive or possess explosive materials. ``(8) Determination of ineligibility.-- ``(A) Written reasons provided on request.-- ``(i) In general.--If the system determines that an individual is ineligible to receive explosive materials and the individual requests the system to provide the reasons for the determination, the system shall provide such reasons to the individual, in writing, not later than 5 business days after the date of the request. ``(ii) Ineligibility due to violation.--If the system informs an individual contacting the system that receipt of explosive materials by a prospective transferee would violate subsection (i) or applicable State law, the prospective transferee may request the Attorney General to provide the prospective transferee with the reasons for the determination. ``(B) Treatment of requests.--On receipt of a request under subparagraph (A), the Attorney General shall immediately comply with the request. ``(C) Submission of additional information.-- ``(i) In general.--A prospective transferee may submit to the Attorney General information to correct, clarify, or supplement records of the system with respect to the prospective transferee. ``(ii) Action by the attorney general.-- After receiving information under clause (i), the Attorney General shall-- ``(I) immediately consider the information; ``(II) investigate the matter further; ``(III) correct all erroneous Federal records relating to the prospective transferee; and ``(IV) give notice of the error to any Federal department or agency or any State that was the source of such erroneous records.''. (c) Remedy for Erroneous Denial of Explosive Materials.-- (1) In general.--Chapter 40 of title 18, United States Code, is amended by inserting after section 843 the following: ``Sec. 843A. Remedy for erroneous denial of explosive materials ``(a) In General.--Any person denied explosive materials under section 842(q)-- ``(1) due to the provision of erroneous information relating to the person by any State or political subdivision of a State or by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note); or ``(2) who was not prohibited from receiving explosive materials under section 842(i), may bring an action against an entity described in subsection (b) for an order directing that the erroneous information be corrected or that the transfer be approved, as the case may be. ``(b) Entities Described.--An entity referred to in subsection (a) is-- ``(1) the State or political subdivision responsible for-- ``(A) providing the erroneous information referred to in subsection (a)(1); or ``(B) denying the transfer of explosives; or ``(2) the United States. ``(c) Attorney's Fees.--In any action brought under this section, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs.''. (2) Technical amendment.--The analysis for chapter 40 of title 18, United States Code, is amended by inserting after the item relating to section 843 the following: ``843A. Remedy for erroneous denial of explosive materials.''. (d) Licenses and User Permits.--Section 843(a) of title 18, United States Code, is amended-- (1) by striking ``shall be in such form and contain such information'' and inserting ``shall include fingerprints and a photograph of the applicant, and shall be in such form and contain such other information''; and (2) by striking the second sentence and inserting the following: ``Each applicant for a license shall pay for each license a fee established by the Secretary in an amount not to exceed $300. Each applicant for a permit shall pay for each permit a fee established by the Secretary in an amount not to exceed $100.''. (e) Penalties.--Section 844(a) of title 18, United States Code, is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(3) violates section 842(q) shall be fined under this title, imprisoned not more than 5 years, or both.''. (f) Effective Date.--The amendments made by subsections (a), (b), (c), and (e) shall take effect 18 months after the date of enactment of this Act.

Dangerous Explosives Background Checks Requirement Act - Amends the Federal criminal code to prohibit a person other than a Federal explosive materials licensee or permittee from knowingly: (1) transporting, shipping, causing to be transported, or receiving explosive materials (currently, in interstate or foreign commerce, and with a specified exception based on residency in a contiguous State); or (2) distributing explosive materials to any person other than such a licensee or permittee (currently, to any such person who the distributor knows or has reasonable cause to believe does not reside in the same State). Repeals provisions permitting distribution to a resident of the State where distribution is made and in which the licensee is licensed to do business or a State contiguous thereto if permitted by the law of the State of the purchaser's residence.Prohibits a licensed importer, manufacturer, or dealer from transferring explosive materials to a permittee unless specified conditions are met, including that: (1) before the completion of the transfer, the licensee contacts the national instant criminal background check system; and (2) either the system provides the licensee with a unique identification number or five days (on which State offices are open) have elapsed since the licensee contacted the system and the system has not notified the licensee that the receipt of explosive materials by the transferee would violate Federal law.Sets forth provisions regarding: (1) penalties; (2) immunity from liability; (3) information to be supplied to individuals determined to be ineligible to receive explosive materials; and (4) the remedy for erroneous denial of explosive materials.

A bill to combat criminal misuse of explosives.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rapid DNA Act of 2014''. SEC. 2. DEFINITIONS. The DNA Identification Act of 1994 (42 U.S.C. 14132) is amended by inserting at the end the following: ``SEC. __. DEFINITIONS. ``(1) The term `reference DNA sample' means a tissue, fluid, or other bodily sample of an individual on which a DNA analysis can be carried out. ``(2) The term `DNA analysis' means analysis of the deoxyribonucleic acid (DNA) identification information from a bodily sample. ``(3) The term `sample-to-answer DNA analysis systems' means fully automated systems that after input of a DNA sample can perform all necessary sample preparation and analysis with no operator intervention. ``(4) The term `qualified agencies' means booking stations, jails, prisons, detention centers, other law enforcement organizations, and facilities outside of forensic laboratories that can perform DNA analysis using sample-to-answer DNA systems on subjects meeting current legislative guidelines. ``(5) The term `operators' means persons trained to operate a sample-to-answer DNA system.''. SEC. 3. REVISED QUALITY ASSURANCE AND PROFICIENCY TESTING STANDARDS. Section 210303 of the DNA Identification Act of 1994 (42 U.S.C. 14131) is amended-- (1) in subsection (a)(1)(B), by inserting after ``Technology'' the following: ``, and members from Federal, State, and local law enforcement agencies.''; (2) in subsection (a)(1)(C), by inserting after ``DNA'' the following: ``and separate standards for testing the proficiency of qualified agencies, and operators, in conducting analyses of DNA samples using sample-to-answer DNA analysis systems.''; (3) in subsection (a)(2), by inserting after ``DNA'' the following: ``DNA and separate standards for testing the proficiency of qualified agencies, and operators, in conducting analyses of DNA samples using sample-to-answer DNA analysis systems.''; (4) in subsection (a)(3), by inserting after ``used by forensic laboratories'' the following: ``and by qualified agencies conducting analyses of DNA samples using sample-to- answer DNA analysis systems.''; and by inserting after ``determine whether a laboratory'' the following: ``, or agency,''; (5) in subsection (a)(4), by inserting after ``for purposes of this section'' the following: ``, and for qualified agencies the quality assurance guidelines recommended by the scientific working group on DNA analysis methods.''; (6) in subsection (c)(1)(A), by inserting after ``forensic DNA analyses'' the following: ``; and qualified agencies conducting analyses of DNA samples using sample-to-answer DNA analysis systems.''; (7) in subsection (c)(1)(B), by inserting after ``forensic DNA analyses'' the following: ``; and for qualified agencies conducting analyses of DNA samples using sample-to-answer DNA analysis systems.''; (8) in subsection (c)(1)(C), by inserting after ``forensic DNA analyses'' the following: ``; and qualified agencies conducting analyses of DNA samples using sample-to-answer DNA analysis systems.''; and (9) in subsection (c)(2), by inserting after ``routine evidence'' the following: ``; and for qualified agencies the term `blind external proficiency test' means a test that is presented to qualified agencies through a second agency and appears to the operator to involve routine DNA samples for sample-to-answer DNA analysis systems.''. SEC. 4. QUALIFYING AGENCIES. Section 210304 of the DNA Identification Act of 1994 (42 U.S.C. 14132) is amended-- (1) in subsection (b)(2), by inserting after ``laboratories'' the following: ``or qualified agencies''; (2) in subsection (b)(2)(A), by striking ``; and'' at the end and inserting a semicolon; and (3) in subsection (b)(2), by inserting the following new subparagraph: ``(C) are a qualifying agency engaged in the intake, processing, booking, detention, or incarceration of individuals charged or convicted of qualifying offenses and the analysis of DNA samples is conducted on a sample-to-answer DNA analysis system; and''. SEC. 5. DISTRICT OF COLUMBIA DNA ANALYSIS. Section ____ of the DNA Identification Act of 1994 (42 U.S.C. 14135b) is amended in subsection (b), by inserting after ``the DNA shall be analyzed'' the following: ``on a sample-to-answer DNA analysis system''.

Rapid DNA Act of 2014 - Amends the DNA Identification Act of 1994 to require: the advisory board on DNA quality assurance methods appointed by the Director of the Federal Bureau of Investigation (FBI) to include members from federal, state, and local law enforcement agencies; such board to develop, and the Director to issue, standards for testing the proficiency of qualified agencies (i.e., booking stations, jails, prisons, detention centers, other law enforcement organizations and facilities outside of forensic laboratories) and operators in conducting analyses of DNA samples using sample-to-answer DNA analysis systems (i.e., fully automated systems that prepare and analyze DNA samples with no operator intervention); the National Institute of Justice to certify that the blind external proficiency testing program for DNA analyses has been established and made available to such qualified agencies or is not feasible; and the Index to facilitate law enforcement exchange of DNA identification information to include information on DNA identification records and DNA analyses prepared by such qualified agencies that are engaged in the intake, processing, booking, detention, or incarceration of individuals charged or convicted of qualifying offenses and that conduct the analysis of DNA samples on a sample-to-answer DNA analysis system.

Rapid DNA Act of 2014

SECTION 1. TWO-YEAR ELIGIBILITY FOR DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE FOR MEMBERS OF THE ARMED FORCES SERVING IN AREAS AFFECTED BY HURRICANES KATRINA AND RITA. Section 1710(e) of title 38, United States Code, is amended-- (1) by adding at the end of paragraph (1) the following new subparagraph: ``(F) Subject to paragraphs (2) and (3), a member of the Armed Forces (including a member ordered to duty under section 502(f) of title 32) who is performing duty in response to a disaster or emergency declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) after August 28, 2005, in an area affected by Hurricane Katrina or Hurricane Rita is eligible for hospital care, medical services, and nursing home care under subsection (a)(2)(F) for any disability, notwithstanding that there is insufficient medical evidence to conclude that such disability is attributable to such duty.''; (2) by adding at the end of paragraph (2) the following new subparagraph: ``(C) In the case of a member of the Armed Forces described in paragraph (1)(F), hospital care, medical services, and nursing home care may not be provided under subsection (a)(2)(F) with respect to a disability that is found, in accordance to guidelines issued by the Under Secretary for Health, to have resulted from a cause other than duty described in that paragraph.''; (3) in paragraph (3)-- (A) by striking ``and'' at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(E) in the case of care for a veteran described in paragraph (1)(F), after a period of two years beginning on the date of the veteran's discharge or release from duty described in that paragraph.''; and (4) by adding at the end of paragraph (4) the following new subparagraph: ``(C) The term `area affected by Hurricane Katrina or Hurricane Rita' means an area designated for individual assistance or public assistance by Federal Disaster Declaration notice 1602, 1603, 1604, 1605, 1606, or 1607 issued by the Director of the Federal Emergency Management Agency in August and September 2005.''. SEC. 2. HEALTH ASSESSMENT OF SERVICEMEMBERS EXPOSED TO ENVIRONMENTAL HAZARDS ASSOCIATED WITH DUTY IN AREAS AFFECTED BY HURRICANES KATRINA AND RITA. (a) Purpose.--The purpose of this section is to provide for the National Academy of Sciences, an independent nonprofit scientific organization with appropriate expertise which is not part of the Federal Government, to review and make recommendations for health surveillance of members of the uniformed services who may be exposed to environmental hazards as the result of duty in areas affected by Hurricanes Katrina and Rita in 2005. (b) Assessment by National Academy of Sciences.--The Secretary of Veterans Affairs and the Secretary of Defense shall seek to enter into an agreement with the National Academy of Sciences for the Academy to perform the activities specified in this section. The Secretaries shall seek to enter into the agreement not later than 60 days after the date of the enactment of this Act. (c) Duties Under Agreement.--Under the agreement under subsection (b), the National Academy of Sciences shall do the following: (1) Review and assess available data on environmental exposures and adverse health effects that could reasonably be expected to be incurred by members of the uniformed services assigned to duty (including duty under section 502(f) of title 32, United States Code) during the period beginning August 28, 2005, and ending on December 31, 2005, in any county designated by the Director of the Federal Emergency Management Agency as a Federal disaster county for individual or public assistance as the result of Hurricane Katrina or Hurricane Rita. (2) Describe the appropriate criteria for identification of members of the uniformed services covered by paragraph (1) and appropriate data to be collected and maintained for such members and make recommendations for the development of a registry which could be used to monitor morbidity and mortality data for such members. (3) Make recommendations concerning the establishment, location, and content of a data registry and policies and procedures for the ongoing periodic health surveillance of members covered by paragraph (1). (d) Report.--Not later than 180 days after the date of the entry into effect of the agreement referred to in subsection (a), the National Academy of Sciences shall submit to the Secretaries a report on the activities of the National Academy of Sciences under the agreement, including the results of the activities specified in subsection (c). (e) Recommendations for Additional Scientific Studies.--The Academy shall make any recommendations it has for additional scientific studies to resolve areas of continuing scientific uncertainty relating to environmental toxic exposure in hurricane affected areas referred to in subsection (c)(1). In making recommendations for further study, the Academy shall consider the scientific information that is currently available, the value and relevance of the information that could result from additional studies, and the cost and feasibility of carrying out such additional studies. (f) Alternative Contract Scientific Organization.--If the Secretaries are unable within the time period prescribed in subsection (b) to enter into an agreement with the National Academy of Sciences for the purposes of this section on terms acceptable to the Secretaries, the Secretaries shall seek to enter into an agreement for the purposes of this section with another appropriate scientific organization that is not part of the Government and operates as a not- for-profit entity and that has expertise and objectivity comparable to that of the National Academy of Sciences. If the Secretaries enter into such an agreement with another organization, then any reference in this section to the National Academy of Sciences shall be treated as a reference to the other organization. SEC. 3. ANNUAL REPORT ON HEALTH CARE FROM THE DEPARTMENT OF VETERANS AFFAIRS TO HURRICANE-AFFECTED MEMBERS OF THE NATIONAL GUARD. (a) Data Base.--The Secretary of Veterans Affairs shall develop and maintain a data base of members of the Armed Forces who are provided health care by the Department of Veterans Affairs pursuant to section 1710(e)(1)(F) of title 38, United States Code, as added by section 1. (b) Annual Report.--Not later than January 1 of each year from 2007 through 2009, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on members of the Armed Forces who are provided health care by the Department of Veterans Affairs pursuant to section 1710(e)(1)(F) of title 38, United States Code, as added by section 1. Each such report shall include the following: (1) The total number of veterans who sought treatment in Department of Veterans Affairs health care facilities pursuant to section 1710(e)(1)(F) of title 38, United States Code, as added by section 1, during the preceding fiscal year and cumulatively, set forth by the number of veterans per fiscal year and the health-care eligibility category under which such care was provided. (2) The cost of health care furnished to veterans pursuant to such section during the preceding fiscal year and cumulatively, including the costs for veterans who would not have been eligible for enrollment for such care under limitations imposed by the Secretary of Veterans Affairs for veterans eligible for health care from the Department only under section 1710(a)(3) of title 38, United States Code.

Makes a member of the Armed Forces who is performing duty in response to a disaster or emergency declaration after August 28, 2005, in an area affected by Hurricane Katrina or Rita eligible for hospital care, medical services, and nursing home care for any disability, notwithstanding insufficient medical evidence to conclude that the disability is attributable to such duty. Prohibits such care or services with respect to a disability found to have resulted from a cause other than such duty. Terminates eligibility two years after the member's discharge or release from such duty. Directs the Secretaries of Defense and Veterans Affairs to enter into an agreement with the National Academy of Sciences to review and make recommendations for the health surveillance of members who may be exposed to environmental hazards as the result of duty in areas affected by Hurricanes Katrina and Rita in 2005. Requires the Secretary of Veterans Affairs to maintain a database of members provided health care by the Department of Veterans Affairs pursuant to such duty.

To amend title 38, United States Code, to provide additional authority for the Secretary of Veterans Affairs to provide health care for a period of two years to members of the Armed Forces (including members of the National Guard serving under State authority) who serve in areas affected by Hurricane Katrina and Hurricane Rita, to provide for the Secretary of Veterans Affairs and the Secretary of Defense to enter into an agreement with the National Academy of Sciences to survey and assess the potential health consequences of service by members in those areas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Directory of Caregivers Act'' or the ``Medicaid DOC Act''. SEC. 2. REQUIRING PUBLICATION OF FEE-FOR-SERVICE PROVIDER DIRECTORY. (a) In General.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended by inserting after paragraph (77) the following new paragraph: ``(78) provide that, not later than 180 days after the date of the enactment of this paragraph, in the case of a State plan that provides medical assistance on a fee-for-service basis or through a primary care case-management system described in section 1915(b)(1) (other than a primary care case management entity (as defined by the Secretary)), the State shall publish (and update on at least an annual basis) on the public Website of the State agency administering the State plan, a directory of the providers (including, at a minimum, primary and specialty care physicians) described in subsection (ll) that includes-- ``(A) with respect to each such provider-- ``(i) the name of the provider; ``(ii) the specialty of the provider; ``(iii) the address of the provider; and ``(iv) the telephone number of the provider; and ``(B) with respect to any such provider participating in such a primary care case-management system, information regarding-- ``(i) whether the provider is accepting as new patients individuals who receive medical assistance under this title; and ``(ii) the provider's cultural and linguistic capabilities, including the languages spoken by the provider or by the skilled medical interpreter providing interpretation services at the provider's office;''. (b) Directory Providers Described.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended by adding at the end the following new subsection: ``(ll) Directory Providers Described.--A provider described in this subsection is-- ``(1) in the case of a provider of a provider type for which the State agency, as a condition on receiving payment for items and services furnished by the provider to individuals eligible to receive medical assistance under the State plan, requires the enrollment of the provider with the State agency, a provider that-- ``(A) is enrolled with the agency as of the date on which the directory is published or updated (as applicable) under subsection (a)(78); and ``(B) received payment under the State plan in the 12-month period preceding such date; and ``(2) in the case of a provider of a provider type for which the State agency does not require such enrollment, a provider that received payment under the State plan in the 12- month period preceding the date on which the directory is published or updated (as applicable) under subsection (a)(78).''. (c) Rule of Construction.-- (1) In general.--The amendment made by subsection (a) shall not be construed to apply in the case of a State in which all the individuals enrolled in the State plan under title XIX of the Social Security Act (or under a waiver of such plan), other than individuals described in paragraph (2), are enrolled with a medicaid managed care organization (as defined in section 1903(m)(1)(A) of such Act (42 U.S.C. 1396b(m)(1)(A))), including prepaid inpatient health plans and prepaid ambulatory health plans (as defined by the Secretary of Health and Human Services). (2) Individuals described.--An individual described in this paragraph is an individual who is an Indian (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)) or an Alaska Native. (d) Exception for State Legislation.--In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), which the Secretary determines requires State legislation in order for the respective plan to meet one or more additional requirements imposed by amendments made by this section, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this section. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature.

Medicaid Directory of Caregivers Act or the Medicaid DOC Act This bill amends title XIX (Medicaid) of the Social Security Act to require a state to publish and annually update a directory of providers that participate in the state plan for medical assistance on a fee-for-service basis or through a primary care case-management system. The directory must include each provider's name, specialty, address, and telephone number. In addition, with respect to a provider that participates in a primary care case-management system, the directory must specify: (1) the provider's language capabilities, and (2) whether the provider is accepting new Medicaid patients.

Medicaid DOC Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Savings Enhancement for Education in College Act''. SEC. 2. CREDIT FOR CONTRIBUTIONS TO 529 PLANS. (a) In General.--Subsection (d) of section 25B of the Internal Revenue Code of 1986 (relating to elective deferrals and IRA contributions by certain individuals) is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) Contributions to qualified tuition programs.-- ``(A) In general.--The term `qualified savings contribution' includes the amount of any purchase or contribution described in paragraph (1)(A) of section 529(b) to a qualified tuition program (as defined in such section) if-- ``(i) the taxpayer has the power to authorize distributions and otherwise administer the account, and ``(ii) the designated beneficiary of such purchase or contribution is the taxpayer, the taxpayer's spouse, or an individual with respect to whom the taxpayer is allowed a deduction under section 151. ``(B) Limitation based on compensation.--The amount treated as a qualified savings contribution by reason of subparagraph (A) for any taxable year shall not exceed the sum of-- ``(i) the compensation (as defined in section 219(f)(1)) includible in the taxpayer's gross income for the taxable year, and ``(ii) the amount excluded from the taxpayer's gross income under section 112 (relating to combat pay) for such year. ``(C) Determination of adjusted gross income.-- Solely for purposes of determining the applicable percentage under subsection (b) which applies with respect to the amount treated as a qualified savings contribution by reason of subparagraph (A), adjusted gross income (determined without regard to this subparagraph) shall be increased by the excess (if any) of-- ``(i) the social security benefits received during the taxable year (within the meaning of section 86), over ``(ii) the amount included in gross income for such year under section 86.''. (b) Conforming Amendments.-- (1) Section 25B of such Code is amended by striking ``qualified retirement savings'' each place it appears in the text and inserting ``qualified savings''. (2) The subsection heading for section 25B(d) of such Code is amended by striking ``Retirement''. (3) Subparagraph (A) of section 25B(d)(3) of such Code, as redesignated by subsection (a), is amended-- (A) by striking ``paragraph (1)'' the first place it appears and inserting ``paragraph (1) or (2)'', and (B) by striking ``paragraph (1)'' the second place it appears and inserting ``paragraph (1), or (2), as the case may be,''. (4) The heading for section 25B of such Code is amended by striking ``and ira contributions'' and inserting ``, ira contributions, and qualified tuition program contributions''. (5) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25B and inserting the following new item: ``Sec. 25B. Elective deferrals, IRA contributions, and qualified tuition program contributions by certain individuals.''. (c) Effective Date.--The amendments made by this section shall apply to contributions made after December 31, 2012, in taxable years ending after such date. SEC. 3. EXCLUSION FROM GROSS INCOME FOR EMPLOYER CONTRIBUTIONS TO QUALIFIED TUITION PROGRAMS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 127 the following new section: ``SEC. 127A. EMPLOYER CONTRIBUTIONS TO QUALIFIED TUITION PROGRAMS. ``(a) In General.--Gross income of an employee does not include amounts paid by the employer as contributions to a qualified tuition program held by the employee or spouse of the employee if the contributions are made pursuant to a program which is described in subsection (b). ``(b) Maximum Exclusion.--The amount excluded from the gross income of an employee under this section for the taxable year shall not exceed $600. ``(c) Qualified Tuition Assistance Program.--For purposes of this section, a qualified tuition assistance program is a separate written plan of an employer for the benefit of such employer's employees-- ``(1) under which the employer makes matching contributions to qualified tuition programs of-- ``(A) such employees, ``(B) their spouses, or ``(C) any individual with respect to whom such an employee or spouse-- ``(i) is allowed a deduction under section 151, and ``(ii) has the power to authorize distributions and otherwise administer such individual's account under the qualified tuition program, and ``(2) which meets requirements similar to the requirements of paragraphs (2), (3), (4), (5), and (6) of section 127(b). ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified tuition program.--The term `qualified tuition program' means a qualified tuition program as defined in section 529(b). ``(2) Employee and employer.--The terms `employee' and `employer' shall have the meaning given such terms by paragraphs (2) and (3), respectively, of section 127(c). ``(3) Applicable rules.--Rules similar to the rules of paragraphs (4), (5), (6), and (7) of section 127(c) shall apply. ``(e) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 2013, the $600 amount contained in subsection (b)(1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2012' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50. ``(f) Cross Reference.--For reporting and recordkeeping requirements, see section 6039D.''. (b) Exclusion From Employment Taxes.-- (1) Sections 3121(a)(18), 3306(b)(13), and 3401(a)(18) of such Code are each amended by inserting ``127A,'' after ``127,'' each place it appears. (2) Section 3231(e)(6) of such Code is amended by striking ``section 127'' and inserting ``section 127 or 127A''. (c) Reporting and Recordkeeping Requirements.--Section 6039D(d)(1) of such Code is amended by inserting ``127A,'' after ``127,''. (d) Other Conforming Amendments.-- (1) Sections 125(f), 414(n)(3)(C), and 414(t)(2) of such Code are each amended by inserting ``127A,'' after ``127,'' each place it appears. (2) Section 132(j)(8) of such Code is amended by striking ``section 127'' and inserting ``section 127 or 127A''. (3) Section 1397(a)(2)(A) of such Code is amended by inserting at the end the following new clause: ``(iii) Any amount paid or incurred by an employer which is excludable from the gross income of an employee under section 127A, but only to the extent paid or incurred to a person not related to the employer.''. (4) Section 209(a)(15) of the Social Security Act (42 U.S.C. 409(a)(15)) is amended by striking ``or 129'' and inserting ``, 127A, or 129''. (e) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 127 the following new item: ``Sec. 127A. Employer contributions to qualified tuition programs.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Savings Enhancement for Education in College Act - Amends the Internal Revenue Code to: (1) allow a tax credit for contributions to qualified tuition plans; and (2) allow an exclusion, up to $600, from the gross income of an employee for employer contributions to a qualified tuition program.

Savings Enhancement for Education in College Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Advisory Commission on Tax Reform and Simplification Act of 2001''. SEC. 2. PURPOSE. The purpose of this Act is to establish a commission to study and report back to Congress recommendations on simplifying, reforming, or replacing the Internal Revenue Code of 1986. SEC. 3. FINDINGS. The Congress finds the following: (1) The Internal Revenue Code of 1986 is overly complex, imposes significant burdens on individuals, businesses, and the economy, is extremely difficult for the Internal Revenue Service to administer, and is in need of fundamental reform and simplification. (2) Many of the problems encountered by taxpayers in dealing with the Internal Revenue Service--especially those arising from misunderstandings of the Code--could be eliminated or alleviated by fundamental reform and simplification. (3) The Internal Revenue Service faces continual difficulty in administering an overly lengthy, complex, and confusing tax code. (4) Taxpayers and tax experts have repeatedly called for a simplification of the current tax code. (5) The complexity of the current code places a significant burden on individual filers, including extensive record keeping, time requirements to prepare returns, gaining an understanding of the exemptions for which they may qualify, and other burdens. This has forced the majority of taxpayers to turn to tax professionals to prepare their tax returns. (6) Congress is continually modifying and correcting the Code, leading to annual uncertainty and only adding to the patchwork of complexity and confusion. (7) The Federal Government's present fiscal outlook for continuing and sustained budget surpluses provides a unique opportunity for the Congress to consider measures for fundamental reform and simplification of the tax laws. (8) Recent efforts to simplify or reform the tax laws have not been successful due in part to the difficulty of developing broad-based, nonpartisan support for proposals to make such changes. SEC. 4. ESTABLISHMENT OF A NATIONAL COMMISSION ON TAX REFORM AND SIMPLIFICATION. (a) In General.--To carry out the purposes of this Act, there is established within the legislative branch a National Advisory Commission on Tax Reform and Simplification (in this Act referred to as the ``Commission''), comprised of 15 members. The membership of the Commission shall be as follows: (1) 3 members appointed by the President, 2 from the executive branch of the Government and 1 from private life. (2) 4 members appointed by the majority leader of the Senate, 1 from Members of the Senate and 3 from private life. (3) 2 members appointed by the minority leader of the Senate, 1 from Members of the Senate and 1 from private life. (4) 4 members appointed by the Speaker of the House of Representatives, 1 from Members of the House of Representatives and 3 from private life. (5) 2 members appointed by the minority leader of the House of Representatives, 1 from Members of the House of Representatives and 1 from private life. (b) Sense of Congress.--It is the sense of Congress that the President and congressional leadership should draw from a number of important areas of expertise in composing the Commission, including tax experts familiar with corporate tax issues, international tax issues, small business tax issues, and family and individual tax issues. (c) Appointments.--Appointments to the Commission shall be made not later than 45 days after the date of the enactment of this Act. SEC. 5. RULES OF THE COMMISSION. (a) Quorum.--Nine members of the Commission shall constitute a quorum for conducting the business of the Commission. (b) Initial Meeting.--If, after 60 days from the date of the enactment of this Act, 5 or more members of the Commission have been appointed, members who have been appointed may meet and select the Chair (or Co-chairs) who thereafter shall have the authority to begin the operations of the Commission, including the hiring of staff. (c) Rules.--The Commission may adopt such other rules as it considers appropriate. (d) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. Any meeting of the Commission or any subcommittee thereof may be held in executive session to the extent that the Chair (Co-Chairs, if elected) or a majority of the members of the Commission or subcommittee determine appropriate. (e) Continuation of Membership.--Any individual who appointed a member to the Commission by virtue of holding a position described in section 4 ceases to hold such position before the report of the Commission is submitted, that member may continue as a member for not longer than the 30-day period beginning on the date that such individual ceases to hold such position. SEC. 6. DUTIES OF THE COMMISSION. (a) In General.--The duties of the Commission shall include-- (1) to conduct, for a period of not to exceed 18 months from the date of its first meeting, the review described in subsection (b); and (2) to submit to the Congress a report of the results of such review, including recommendations for fundamental reform and simplification of the Internal Revenue Code of 1986, as described in section 10. (b) Review and Issuing Proposals.--The Commission shall review and, when applicable, issue proposals on-- (1) the present structure and provisions of the Internal Revenue Code of 1986, especially with respect to-- (A) its impact on the economy (including the impact on savings, capital formation, capital investment, and international trade); (B) its impact on families and the workforce (including issues relating to distribution of tax burden and impact on small businesses); (C) the predictability of the tax code from year to year; (D) the compliance cost to taxpayers and businesses; and (E) the ability of the Internal Revenue Service to administer such provisions; (2) whether tax systems imposed under the laws of other countries could provide more efficient, simple, and fair methods of funding the revenue requirements of the Government; (3) whether the income tax should be replaced with a tax imposed in a different manner or on a different base; and (4) whether the Internal Revenue Code of 1986 can be simplified, absent wholesale restructuring or replacement thereof. SEC. 7. POWERS OF THE COMMISSION. (a) In General.--The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this Act, hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths, as the Commission or such designated subcommittee or designated member may deem advisable. (b) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (c) Assistance From Federal Agencies and Offices.-- (1) Information.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, as well as from any committee or other office of the legislative branch, such information, suggestions, estimates, and statistics as it requires for the purposes of its review and report. Each such department, bureau, agency, board, commission, office, establishment, instrumentality, or committee shall, to the extent not prohibited by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chair (Co-chairs, if elected). (2) Treasury department.--The Secretary of the Treasury is authorized on a nonreimbursable basis to provide the Commission with administrative services, funds, facilities, staff, and other support services for the performance of the Commission's functions. (3) General services administration.--The Administrator of General Services shall provide to the Commission on a nonreimbursable basis such administrative support services as the Commission may request. (4) Joint committee on taxation.--The staff of the Joint Committee on Taxation is authorized on a nonreimbursable basis to provide the Commission with such legal, economic, or policy analysis, including revenue estimates, as the Commission may request. (5) Other assistance.--In addition to the assistance set forth in paragraphs (1), (2), (3), and (4), departments and agencies of the United States are authorized to provide to the Commission such services, funds, facilities, staff, and other support services as they may deem advisable and as may be authorized by law. (6) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (7) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property in carrying out its duties under this Act. SEC. 8. STAFF OF THE COMMISSION. (a) In General.--The Chair (Co-Chairs, if elected), in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions 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 or chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (b) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 9. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.-- (1) In general.--Except as provided in paragraph (2), each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (2) Exception.--Members of the Commission who are officers or employees of the United States or Members of Congress shall receive no additional pay on account of their service on the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 10. REPORT OF THE COMMISSION; TERMINATION. (a) Report.--Not later than 18 months after the date of the first meeting of the Commission, the Commission shall submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. The report of the Commission shall describe the results of its review under section 6(b), shall make such recommendations for fundamental reform and simplification of the Internal Revenue Code of 1986 as the Commission considers appropriate, and shall describe the expected impact of such recommendations on the economy and progressivity and general administrability of the tax laws. (b) Termination.-- (1) In general.--The Commission, and all the authorities of this Act, shall terminate on the date which is 90 days after the date on which the report is required to be submitted under subsection (a). (2) Concluding activities.--The Commission may use the 90- day period referred to in paragraph (1) for the purposes of concluding its activities, including providing testimony to committees of Congress concerning its report and disseminating that report. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for the activities of the Commission. Until such time as funds are specifically appropriated for such activities, $2,000,000 shall be available from fiscal year 2001 funds appropriated to the Department of the Treasury, ``Departmental Offices'' account, for the activities of the Commission, to remain available until expended.

National Advisory Commission on Tax Reform and Simplification Act of 2001 - Establishes within the legislative branch a National Advisory Commission on Tax Reform and Simplification which shall review and, when applicable, issue proposals on: (1) the present structure and provisions of the Internal Revenue Code; (2) whether tax systems imposed under the laws of other countries could provide more efficient, simple, and fair methods of funding the revenue requirements of the Government; (3) whether the income tax should be replaced with a tax imposed in a different manner or on a different base; and (4) whether the Internal Revenue Code can be simplified, absent wholesale restructuring or replacement.Authorizes appropriations for the Commission. Terminates the Commission after the submission of a report.

To provide for the establishment of a commission to review and make recommendations to Congress on the reform and simplification of the Internal Revenue Code of 1986.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Cancer Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In 2003, an estimated 1,334,100 Americans will be diagnosed with some form of cancer. (2) In 2003, an estimated 556,500 Americans will die of cancer. In the United States, 1 in every 4 deaths results from cancer. (3) In 2002, the National Institutes of Health estimated the overall cost of cancer at $171,600,000,000. (4) In 2003, an estimated 211,300 American women and 1,300 men will be diagnosed with breast cancer, and 40,200 will die of the disease. A mammogram every 1-2 years can reduce the risk of dying by about 16 percent for women 40 years of age and older. (5) In 2003, an estimated 40,100 women will be newly diagnosed with cancer of the uterine corpus and 6,800 women will die of the disease. (6) In 2003, an estimated 147,500 Americans will be diagnosed with colorectal cancer and 57,100 will die of the disease. (7) Incidence rates of colorectal cancer stabilized between 1995 and 1999. Research suggests that declines may be in part due to increased screening and polyp removal. (8) The Chronic Disease Prevention Department found that screening for colorectal cancer can reduce the number of deaths by at least 30 percent. (9) Regular screening examinations by a health care professional can result in early detection of cancers of the breast, colon, rectum, prostate, testis, oral cavity, and skin. If all these cancers were diagnosed at a localized stage through regular examinations, the 5-year survival rate would increase from 82 percent to 95 percent. (10) Cancers of the lung, mouth, larynx, bladder, kidney, cervix, esophagus, and pancreas are related to tobacco use. The American Cancer Society estimates that in 2003 more than 180,000 cancer deaths will be caused by tobacco use. Smoking alone causes \1/3\ of all cancer deaths. (11) More than 1,000,000 skin cancers expected to be diagnosed in 2003 could have been prevented by protection from the sun's rays. (12) An estimated 9,000 new cases of childhood cancer are expected to occur in 2003. (13) Cancer is the chief cause of death by disease in children between the ages of 1 and 14. (14) The American Cancer Society estimates that approximately \1/3\ of the 556,500 cancer deaths expected in 2003 will be related to nutrition, physical inactivity, obesity, and other lifestyle factors that could be prevented. (15) About 77 percent of all cancers are diagnosed at age 55 and older. In order to ensure high quality cancer care for American seniors, medicare reimbursements must reflect the true cost of treatment in every treatment setting and medicare payments should accurately reflect the cost of drug and biologics as well as the cost of administering drugs and supportive care therapies. (16) Despite an aging population, death rates for the most common cancers, lung, colorectal, breast, and prostate continue to drop at an average of 1.7 percent per year. (17) In May 2001, Gleevec, the first in what is expected to be a number of cancer treatments, was approved for use by the Food and Drug Administration as it appeared to be effective in stopping the growth of deadly Chronic Myeloid Leukemia cells within 3 months of use. In 2002, Gleevec showed ability to stop growth of gastrointestinal stromal tumors. (18) In early 2003, researchers used gene chips to accurately predict whether or not breast cancer tumors would spread in the future. If the findings are validated, doctors will be able to determine which patients are likely to relapse and need chemotherapy, while sparing those with a favorable prognosis from additional treatment. (19) The Lance Armstrong Foundation, a leading national organization providing services and support for cancer survivors, defines cancer survivorship as living with, through, and beyond cancer. (20) In 2001, there were 9,600,000 cancer survivors in the United States. (21) Sixty percent of adults diagnosed with cancer survive at least 5 years. (22) While nearly every childhood cancer diagnosis 20 years ago was fatal, today more than 80 percent of children diagnosed with cancer survive at least 5 years. SEC. 3. SENSE OF THE SENATE. It is the sense of the Senate that the United States is at a point in history in which we must take the proper steps to reach the goal of making cancer survivorship the rule and cancer deaths rare by the year 2015. TITLE I--PUBLIC HEALTH PROVISIONS SEC. 101. NATIONAL PROGRAM OF CANCER REGISTRIES. Part M of title III of the Public Health Service Act (42 U.S.C. 280e et seq.) is amended by inserting after section 399B the following: ``SEC. 399B-1. ENHANCING CANCER REGISTRIES AND PREPARING FOR THE FUTURE. ``(a) Strategic Plan.--Not later than 1 year after the date of enactment of the National Cancer Act of 2003 the Secretary shall develop a plan and submit a report to Congress that outlines strategies by which the State cancer registries funded with grants under section 399B and the Surveillance, Epidemiology, and End Results program of the National Cancer Institute (in this section referred to as the `SEER program') can share information to ensure more comprehensive cancer data. The report shall include ways in which the Secretary will-- ``(1) standardize data between State cancer registries and the SEER program; ``(2) increase the portability and usability of data files from each registry for researchers and public health planners; ``(3) ensure data collection from the greatest number of health care facilities possible; ``(4) maximize the use of State registry data and data from the SEER program in State and regional public health planning processes; and ``(5) promote the use of data to-- ``(A) improve the health status of cancer survivors; and ``(B) research quality of cancer care and access to that care.''. SEC. 102. ENHANCING EXISTING SCREENING EFFORTS. (a) Grant and Contract Authority of States.--Section 1501(b)(2) of the Public Health Service Act (42 U.S.C. 300k(b)(2)) is amended to read as follows: ``(2) Certain applications.-- ``(A) Strategies for colorectal cancer screening.-- If any entity submits an application to a State to receive an award of a grant or contract pursuant to paragraph (1) that includes strategies for colorectal cancer screening and outreach, the State may give priority to the application submitted by that entity in any case in which the State determines that the quality of such application is equivalent to the quality of the application submitted by the other entities. ``(B) Women diagnosed with cancer.--If any entity submits an application to a State to receive an award of a grant or contract pursuant to paragraph (1) that includes strategies for the provision of treatment for uninsured women diagnosed with cancer discovered in the course of the screening, the State may give priority to the application submitted by that entity in any case in which the State determines that the quality of such application is equivalent to the quality of the application submitted by the other entities.''. (b) Requirements With Respect to Type and Quality of Services.-- Section 1503 of the Public Health Service Act (42 U.S.C. 300m) is amended by adding at the end the following: ``(d) Waiver of Direct Services Requirement.--The Secretary may waive the requirement under subsection (a)(1) if-- ``(1) the State involved will use the grant under this section for a demonstration project that will leverage private funds to supplement program efforts; or ``(2) such requirement would cause a barrier to the enrollment of qualifying women.''. (c) Authorization of Appropriations.--Section 1510(a) of the Public Health Service Act (42 U.S.C. 300n-5(a)) is amended by striking ``$50,000,000'' and all that follows and inserting ``such sums as may be necessary for each of fiscal years 2004 through 2008.''. (d) Report on the Comprehensive Colorectal Cancer Initiative.--Not later than 6 months after the date of enactment of this Act, the Director of the Centers for Disease Control and Prevention shall submit to the appropriate committees of Congress a report containing an assessment of the success of the Comprehensive Colorectal Cancer Initiative (within the Centers for Disease Control and Prevention) in-- (1) increasing public awareness of colorectal cancer; (2) increasing awareness of screening guidelines among health care providers; (3) monitoring national colorectal cancer screening rates; (4) promoting increased patient-provider communication about colorectal cancer screening; (5) supporting quantitative and qualitative research efforts; and (6) providing funding to State programs to implement colorectal cancer priorities. SEC. 103. ENHANCED PATIENT EDUCATION. 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. ENHANCED PATIENT EDUCATION. ``(a) Grants Authorized.--The Secretary is authorized to award grants to eligible entities to implement programs to educate patients and their families about-- ``(1) the availability and options of effective medical techniques and pain management technology therapies to reduce and prevent pain and suffering for those with cancer upon diagnosis; ``(2) the unique health challenges associated with cancer survivorship, including-- ``(A) the role of followup care and monitoring to support and improve the long-term quality of life for cancer survivors; ``(B) physical activity and healthy lifestyles; and ``(C) the availability of peer and mentor support programs; and ``(3) community resources available to increase access to quality cancer care. ``(b) Application.--An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.''. SEC. 104. PRACTITIONER EDUCATION PROGRAM. Section 414 of the Public Health Service Act (42 U.S.C. 285a-3) is amended by adding at the end the following: ``(d) In order to receive funding under this section, a center described under subsection (a) shall maintain a program for disseminating to patients and research participants, as well as their caregivers, the latest information about-- ``(1) pain and symptom management and palliative care; and ``(2) the unique clinical and research challenges associated with cancer survivorship. ``(e) The Secretary may provide additional amounts to fund centers under subsection (a) that develop innovative relationships with community cancer centers, community health centers, rural hospitals, and other community-based health care providers who target medically underserved populations for the purpose of increasing access to quality cancer care.''. SEC. 105. ELEVATING THE IMPORTANCE OF PAIN MANAGEMENT AND CANCER SURVIVORSHIP THROUGHOUT THE NATION'S CANCER PROGRAMS. (a) National Cancer Program.--Section 411 of the Public Health Service Act (42 U.S.C. 285a) is amended to read as follows: ``Sec. 411. The National Cancer Program shall consist of-- ``(1) an expanded, intensified, and coordinated cancer research program encompassing the research programs conducted and supported by the Institute and the related research programs of the other national research institutes, including research programs for-- ``(A) pain and symptom management; ``(B) survivorship; and ``(C) the prevention of cancer caused by occupational or environmental exposure to carcinogens; and ``(2) the other programs and activities of the Institute, including research on populations with both uniquely diverse genetic variation and geographic isolation.''. (b) Cancer Control Programs.--Section 412(2) of the Public Health Service Act (42 U.S.C. 285a-1(2)) is amended-- (1) in subparagraph (A), by striking ``, and'' and inserting a semicolon; and (2) by adding at the end the following: ``(C) appropriate methods of pain and symptom management for individuals with cancer, including end- of-life care and cancer survivorship; and''. (c) Special Authorities of the Director.--Section 413(a)(2) of the Public Health Service Act (42 U.S.C. 285a-2(a)(2)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) in subparagraph (E), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(F) assess and improve pain and symptom management of cancer throughout the course of treatment and cancer survivorship.''. (d) Breast and Gynecological Cancers.--Section 417 of the Public Health Service Act (42 U.S.C. 285a-6) is amended-- (1) in subsection (c)(1)-- (A) in subparagraph (D), by striking ``and'' at the end; (B) in subparagraph (E), by striking the period and inserting ``; and''; and (C) by inserting after subparagraph (E) the following: ``(F) basic, clinical, and applied research concerning pain and symptom management and cancer survivorship.''; and (2) in subsection (d)-- (A) in paragraph (4), by striking ``and'' at the end; (B) in paragraph (5), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(6) basic, clinical, and applied research concerning pain and symptom management and cancer survivorship.''. (e) Prostate Cancer.--Section 417A(c)(1) of the Public Health Service Act (42 U.S.C. 285a-7(c)(1)) is amended-- (1) in subparagraph (F), by striking ``and'' at the end; (2) in subparagraph (G), by striking the period and inserting ``; and''; and (3) by inserting after subparagraph (G) the following: ``(H) basic and clinical research concerning pain and symptom management and cancer survivorship.''. SEC. 106. SURVIVORSHIP RESEARCH PROGRAM. 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. 417D. SURVIVORSHIP RESEARCH PROGRAM. ``(a) Establishment.--There is established, within the Institute, an Office on Cancer Survivorship (in this section referred to as the `Office'), which may be headed by an Associate Director, to implement and direct the expansion and coordination of the activities of the Institute with respect to cancer survivorship research. ``(b) Collaboration Among Agencies.--In carrying out the activities described in subsection (a), the Office shall collaborate with other institutes, centers, and offices within the National Institutes of Health that are determined appropriate by the Office. ``(c) Report.--Not later than 1 year after the date of enactment of this section, the Secretary shall prepare and submit to the appropriate committees of Congress a report providing a description of the survivorship activities of the Office and strategies for future activities.''. TITLE II--RESEARCH PROVISIONS SEC. 201. NATIONAL CANCER INSTITUTE. (a) Other Transactions Authority.--Subpart 1 of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.), as amended by section 106, is further amended by adding at the end the following: ``SEC. 417E. OTHER TRANSACTIONS AUTHORITY. ``Notwithstanding any other provision of this subpart, the Director of the National Cancer Institute may cofund grant projects with private entities for any purpose described in this subpart.''. (b) Sense of the Senate on a Central Institutional Review Board.-- It is the sense of the Senate that-- (1) the current procedure of sending 1 clinical trial through multiple local institutional review boards may not be the most efficient method for the protection of patients enrolled in the trial and may delay the process of bringing lifesaving treatment to cancer patients; (2) the National Cancer Institute should be commended for its work in centralizing the institutional review board process; and (3) the research community should continue to streamline the institutional review board process in order to bring lifesaving treatments to patients as quickly as possible. (c) Patient and Provider Outreach Opportunities With Experimental Therapies.--For the purpose of enhancing patient access to experimental therapies, the National Cancer Institute shall conduct the following activities: (1) Integrate, to the maximum extent practicable, trials being conducted by private manufacturers into the National Cancer Institute's clinical trials online database. Such integration may require specific awareness-raising and outreach activities by the National Cancer Institute to private industry. (2) Establish an education program which provides patients and providers with-- (A) information about how to access and use the National Cancer Institute clinical trials database online; and (B) information about the Food and Drug Administration process for approving the use of drugs and biologics for a single patient.

National Cancer Act of 2003 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to develop an information-sharing plan for State cancer registries. Modifies provisions concerning preventive health measures with respect to breast and cervical cancers to permit priority to be given to certain projects involving: (1) colorectal cancer screening and outreach; and (2) treating uninsured women diagnosed with cancer during such screening. Authorizes specified waivers of the direct services requirement for breast and cervical cancer screening grants. Authorizes the Secretary to award grants to eligible entities to educate cancer patients and their families about medical techniques to reduce and prevent pain, survivorship care and support programs, and related community resources. Requires a national cancer research center to have a practitioner education program that includes pain and symptom management and survivorship care. Amends various provisions of the Act to emphasize the importance of pain and symptom management throughout the nation's cancer programs. Establishes within the National Cancer Institute (the NCI) an Office on Cancer Survivorship. Authorizes the Director of NCI to co-fund grant projects for various cancer programs. Expresses the sense of the Senate with respect to: (1) cancer survivorship; and (2) institutional review board procedures.

A bill to improve data collection and dissemination, treatment, and research relating to cancer, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Conservation Security Act of 1999''. SEC. 2. CONSERVATION SECURITY PROGRAM. Subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3830 et seq.) is amended by adding at the end the following: ``CHAPTER 6--CONSERVATION SECURITY PROGRAM ``SEC. 1240P. CONSERVATION SECURITY PROGRAM. ``(a) In General.--The Secretary shall establish a conservation security program through the use of contracts to assist owners and operators of farms and ranches to promote-- ``(1) conservation of soil, water, and related resources; ``(2) water quality protection and improvement; ``(3) air quality protection and improvement; ``(4) wetland restoration, protection, and creation; ``(5) wildlife habitat development and protection; and ``(6) any similar conservation purpose. ``(b) Eligibility.-- ``(1) In general.--To be eligible to participate in the conservation security program, an owner or operator shall-- ``(A) submit a resource security plan or a livestock nutrient management plan to the Secretary, and obtain the approval of the Secretary for the plan, in accordance with subsection (c); and ``(B) enter into a contract with the Secretary that requires compliance with the plan in accordance with subsection (e). ``(2) Limitation.--An owner or operator shall not be eligible to enter into a contract specifying compliance with a livestock nutrient management plan if the total number of animals raised by the owner or operator exceeds 1,000 animal units, as defined by the Secretary. ``(c) Plans.-- ``(1) Resource security plans.--A resource security plan shall-- ``(A) identify the resources to be secured by the plan; ``(B) describe the class of conservation practices under subsection (d) to be implemented and maintained on the land subject to the contract during the contract period; ``(C) contain a schedule for the implementation and maintenance of the class of conservation practices described in the plan; ``(D) comply with the highly erodible land and wetland conservation requirements of subtitles B and C; and ``(E) contain such other terms as the Secretary may require. ``(2) Livestock nutrient management plans.--A livestock nutrient management plan shall-- ``(A) contain a plan for managing the manure and other organic byproducts produced on the farming or ranching operation of an owner or operator in a manner that protects air, water, and soil quality; and ``(B) contain such other terms as the Secretary may require. ``(3) State and local conservation priorities.--To the maximum extent practicable and in a manner that is consistent with the conservation security program, resource security plans and livestock nutrient management plans shall address the conservation priorities established by the State and locality in which the farming or ranching operation is located. ``(d) Conservation Practices Under Resource Security Plans.-- ``(1) In general.--The Secretary shall establish 3 classes of conservation practices that are eligible for payment under a contract entered into under this section to carry out a resource security plan. ``(2) Inclusion of certain practices.--The Secretary shall include in 1 of the classes of conservation practices-- ``(A) each environmental or conservation practice that is included in the National Handbook of Conservation Practices of the Natural Resources Conservation Service; and ``(B) any other conservation practice the Secretary determines is appropriate. ``(3) Classes.--To carry out this subsection, the Secretary shall establish the following 3 classes of conservation practices (as appropriate for the farm or ranch operation of an owner or operator): ``(A) Class i.--Class I conservation practices shall include-- ``(i) residue management; ``(ii) nutrient management; and ``(iii) environmentally sound grazing. ``(B) Class ii.--Class II conservation practices shall include-- ``(i) Class I conservation practices; ``(ii) comprehensive nutrient management; ``(iii) pesticide management; ``(iv) partial field conservation practices (including windbreaks, grass waterways, shelter belts, filter strips and riparian buffers); and ``(v) intensive grazing and wildlife habitat measures. ``(C) Class iii.--Class III conservation practices shall include-- ``(i) Class I and Class II conservation practices; and ``(ii) such additional conservation practices as are necessary to implement and maintain a total resource management plan that addresses the long-term sustainability of the natural resource base of a farm or ranch operation. ``(e) Contracts.-- ``(1) In general.--On approval of a resource security plan or a livestock nutrient management plan of an owner or operator, the Secretary shall enter into a contract with the owner or operator that specifies-- ``(A) the land subject to the contract; ``(B) in the case of a resource security plan, the class of conservation practices under subsection (d) that will be carried out on the land; and ``(C) in the case of a livestock nutrient management plan, the livestock facilities that are covered by the contract. ``(2) Duration.--Subject to paragraphs (3) and (4), the contract shall be for a term of not less than 3 years nor more than 5 years. ``(3) Revision.--The Secretary may require an owner or operator to modify a resource security plan or livestock nutrient management plan before the expiration of the plan if the Secretary determines that a change made to the size, management, or any other aspect of the farming or ranching operation of the owner or operator would, without the modification, interfere with the conservation security program. ``(4) Renewal.--The contract of the owner or operator may be renewed for successive 5-year periods, at the option of the owner or operator, if-- ``(A) the owner or operator agrees to any modification of the applicable resource security plan or the livestock nutrient management plan that the Secretary determines is necessary to carry out the conservation security program; and ``(B) the Secretary determines that the owner or operator has complied with-- ``(i) the terms and conditions of the applicable resource security plan or a livestock nutrient management plan of the owner or operator; and ``(ii) the terms and conditions of the contract. ``(f) Duties of Owners and Operators.--Under a contract entered into under subsection (e), during the term of the contract, an owner or operator of a farm or ranch shall agree-- ``(1) to implement the applicable resource security plan or livestock nutrient management plan approved by the Secretary; ``(2) to keep such records as the Secretary may require for purposes of evaluation of the implementation of the plan; ``(3) not to engage in any activity that would defeat the purposes of the conservation security program; and ``(4) to forgo incentive payments, rental payments, or easement payments under any other conservation program administered by the Secretary for land subject to the contract, except that the owner or operator shall not otherwise become ineligible for participation in and receipt of cost-share payments under any other conservation program as a result of payments received under this section. ``(g) Duties of Secretary.-- ``(1) Resource security plans.-- ``(A) In general.--Under a contract entered into by an owner or operator under this section to carry out a resource security plan, subject to subparagraph (B), the Secretary shall, for a period of years not in excess of the term of the contract, make an annual rental payment to the owner or operator in an amount equal to-- ``(i) 10 percent of the average county rental rate for the same type of land enrolled under the contract that will be maintained using Class I conservation practices described in subsection (d)(3)(A); ``(ii) 20 percent of the average county rental rate for the same type of land enrolled under the contract that will be maintained using Class II conservation practices described in subsection (d)(3)(B); and ``(iii) 40 percent of the average county rental rate for the same type of land enrolled under the contract that will be maintained using Class III conservation practices described in subsection (d)(3)(C). ``(2) Livestock nutrient management plans.--Under a contract entered into by an owner or operator under this section to carry out a livestock nutrient management plan, the Secretary shall, for a period of years not in excess of the term of the contract, make an annual rental payment to the owner or operator in an amount equal to the product obtained by multiplying-- ``(A) 10 percent of the simple average price received by owners and operators for each type of livestock covered by the plan during the 5 marketing years immediately preceding the year covered by the annual payment; by ``(B) the number of that type of livestock raised by the owner or operator during the year covered by the annual payment. ``(3) Limitation on payments.--The total amount of payments paid to an owner or operator under paragraphs (1) and (2) shall not exceed $50,000 for any fiscal year. ``(4) Technical assistance.--The Secretary shall use not less than 15 percent, nor more than 20 percent, of the funds that are made available to carry out this section for a fiscal year to provide technical assistance to owners and operators entering into contracts under this section. ``(5) Other payments.--Except as otherwise provided in this section, payments received by an owner or operator under this subsection shall be in addition to, and not affect, the total amount of payments that the owner or operator is otherwise eligible to receive under-- ``(A) this Act; ``(B) the Federal Agriculture Improvement and Reform Act of 1996 (Public Law 104-127), including the Agricultural Market Transition Act (7 U.S.C. 7201 et seq.); ``(C) the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624); or ``(D) the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.).''. SEC. 3. EFFECTIVE DATE. (a) In General.--This Act and the amendment made by this Act take effect on October 1, 1999. (b) Regulations.--Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to carry out this Act and the amendment made by this Act.

Requires a participant to submit a resource security plan or a livestock nutrient management plan. (Limits the size of eligible livestock operations.) Sets forth three classes of resource security plan conservation practices, and bases rental payments upon classes implemented by the participant. Bases livestock nutrient management plan payments on the price and number of livestock covered by the contract.

Conservation Security Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kenai Mountains-Turnagain Arm National Heritage Area Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) The Kenai Mountains-Turnagain Arm transportation corridor is a major gateway to Alaska and includes a range of transportation routes used first by indigenous people who were followed by pioneers who settled the Nation's last frontier; (2) the natural history and scenic splendor of the region are equally outstanding; vistas of nature's power include evidence of earthquake subsidence, recent avalanches, retreating glaciers and tidal action along Turnagain Arm, which has the world's second greatest tidal range; (3) the cultural landscape formed by indigenous people and then by settlement, transportation and modern resource development in this rugged and often treacherous natural setting stands as powerful testimony to the human fortitude, perseverance, and resourcefulness that is America's proudest heritage from the people who settled the frontier; (4) there is a national interest in recognizing, preserving, promoting, and interpreting these resources; (5) the Kenai Mountains-Turnagain Arm region is geographically and culturally cohesive because it is defined by a corridor of historic routes--trail, water, railroad, and roadways through a distinct landscape of mountains, lakes, and fjords; (6) national significance of separate elements of the region include, but are not limited to, the Iditarod National Historic Trail, the Seward Highway National Scenic Byway, and the Alaska Railroad National Scenic Railroad; (7) national heritage area designation provides for the interpretation of these routes, as well as the national historic districts and numerous historic routes in the region as part of the whole picture of human history in the wider transportation corridor including early Native trade routes, connections by waterway, mining trail, and other routes; (8) national heritage area designation also provides communities within the region with the motivation and means for ``grass roots'' regional coordination and partnerships with each other and with borough, State, and Federal agencies; and (9) national heritage area designation is supported by the Kenai Peninsula Historical Association, the Seward Historical Commission, the Seward City Council, the Hope and Sunrise Historical Society, the Hope Chamber of Commerce, the Alaska Association for Historic Preservation, the Cooper Landing Community Club, the Alaska Wilderness Recreation and Tourism Association, Anchorage Historic Properties, the Anchorage Convention and Visitors Bureau, the Cook Inlet Historical Society, the Moose Pass Sportsman's Club, the Alaska Historical Commission, the Girdwood Board of Supervisors, the Kenai River Special Management Area Advisory Board, the Bird/Indian Community Council, the Kenai Peninsula Borough Trails Commission, the Alaska Division of Parks and Recreation, the Kenai Peninsula Borough, the Kenai Peninsula Tourism Marketing Council, and the Anchorage Municipal Assembly. (b) Purposes.--The purposes of this Act are-- (1) to recognize, preserve, and interpret the historic and modern resource development and cultural landscapes of the Kenai Mountains-Turnagain Arm historic transportation corridor, and to promote and facilitate the public enjoyment of these resources; and (2) to foster, through financial and technical assistance, the development of cooperative planning and partnership among the communities and borough, State, and Federal Government entities. SEC. 3. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Kenai Mountains-Turnagain Arm National Heritage Area established by section 4(a) of this Act. (2) Management entity.--The term ``management entity'' means the 11 member Board of Directors of the Kenai Mountains- Turnagain Arm National Heritage Corridor Communities Association. (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL HERITAGE AREA. (a) Establishment.--There is established the Kenai Mountains- Turnagain Arm National Heritage Area. (b) Boundaries.--The Heritage Area shall comprise the lands in the Kenai Mountains and upper Turnagain Arm region generally depicted on the map entitled ``Kenai Peninsula/Turnagain Arm National Heritage Corridor'', numbered ``Map #KMTA-1, and dated ``August 1999''. The map shall be on file and available for public inspection in the offices of the Alaska Regional Office of the National Park Service and in the offices of the Alaska State Heritage Preservation Officer. SEC. 5. MANAGEMENT ENTITY. (a) The Secretary shall enter into a cooperative agreement with the management entity, to carry out the purposes of this Act. The cooperative agreement shall include information relating to the objectives and management of the Heritage Area, including the following: (1) A discussion of the goals and objectives of the Heritage Area. (2) An explanation of the proposed approach to conservation and interpretation of the Heritage Area. (3) A general outline of the protection measures, to which the management entity commits. (b) Nothing in this Act authorizes the management entity to assume any management authorities or responsibilities on Federal lands. (c) Representatives of other organizations shall be invited and encouraged to participate with the management entity and in the development and implementation of the management plan, including but not limited to: The State Division of Parks and Outdoor Recreation; the State Division of Mining, Land and Water; the Forest Service; the State Historic Preservation Office; the Kenai Peninsula Borough; the Municipality of Anchorage; the Alaska Railroad; the Alaska Department of Transportation; and the National Park Service. (d) Representation of ex-officio members in the non-profit corporation shall be established under the bylaws of the management entity. SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY. (a) Management Plan.-- (1) In general.--Not later than 3 years after the Secretary enters into a cooperative agreement with the management entity, the management entity shall develop a management plan for the Heritage Area, taking into consideration existing Federal, State, borough, and local plans. (2) Contents.--The management plan shall include, but not be limited to-- (A) comprehensive recommendations for conservation, funding, management, and development of the Heritage Area; (B) a description of agreements on actions to be carried out by Government and private organizations to protect the resources of the Heritage Area; (C) a list of specific and potential sources of funding to protect, manage, and develop the Heritage Area; (D) an inventory of the resources contained in the Heritage Area; and (E) a description of the role and participation of other Federal, State, and local agencies that have jurisdiction on lands within the Heritage Area. (b) Priorities.--The management entity shall give priority to the implementation of actions, goals, and policies set forth in the cooperative agreement with the Secretary and the heritage plan, including assisting communities within the region in-- (1) carrying out programs which recognize important resource values in the Heritage Area; (2) encouraging economic viability in the affected communities; (3) establishing and maintaining interpretive exhibits in the Heritage Area; (4) improving and interpreting heritage trails; (5) increasing public awareness and appreciation for the natural, historical, and cultural resources and modern resource development of the Heritage Area; (6) restoring historic buildings and structures that are located within the boundaries of the Heritage Area; and (7) ensuring that clear, consistent, and appropriate signs identifying public access points and sites of interest are placed throughout the Heritage Area. (c) Public Meetings.--The management entity shall conduct 2 or more public meetings each year regarding the initiation and implementation of the management plan for the Heritage Area. The management entity shall place a notice of each such meeting in a newspaper of general circulation in the Heritage Area and shall make the minutes of the meeting available to the public. SEC. 7. DUTIES OF THE SECRETARY. (a) The Secretary, in consultation with the Governor of Alaska, or his designee, is authorized to enter into a cooperative agreement with the management entity. The cooperative agreement shall be prepared with public participation. (b) In accordance with the terms and conditions of the cooperative agreement and upon the request of the management entity, and subject to the availability of funds, the Secretary may provide administrative, technical, financial, design, development, and operations assistance to carry out the purposes of this Act. SEC. 8. SAVINGS PROVISIONS. (a) Regulatory Authority.--Nothing in this Act shall be construed to grant powers of zoning or management of land use to the management entity of the Heritage Area. (b) Effect on Authority of Governments.--Nothing in this Act shall be construed to modify, enlarge, or diminish any authority of the Federal, State, or local governments to manage or regulate any use of land as provided for by law or regulation. (c) Effect on Business.--Nothing in this Act shall be construed to obstruct or limit business activity on private development or resource development activities. SEC. 9. PROHIBITION ON THE ACQUISITION OR REAL PROPERTY. The management entity may not use funds appropriated to carry out the purposes of this Act to acquire real property or interest in real property. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) First Year.--For the first year $350,000 is authorized to be appropriated to carry out the purposes of this Act, and is made available upon the Secretary and the management entity completing a cooperative agreement. (b) In General.--There is authorized to be appropriated not more than $1,000,000 to carry out the purposes of this Act for any fiscal year after the first year. Not more than $10,000,000, in the aggregate, may be appropriated for the Heritage Area. (c) Matching Funds.--Federal funding provided under this Act shall be matched at least 25 percent by other funds or in-kind services. (d) Sunset Provision.--The Secretary may not make any grant or provide any assistance under this Act beyond 15 years from the date that the Secretary and management entity complete a cooperative agreement.

Kenai Mountains-Turnagain Arm National Heritage Area Act - Establishes the Kenai Mountains-Turnagain Arm National Heritage Area in Alaska. Requires: (1) the Secretary of the Interior to enter into a cooperative agreement with the Board of Directors of the Kenai Mountains-Turnagain Arm National Heritage Corridor Communities Association; and (2) the Association to develop a management plan for the Heritage Area. Prohibits the Association from using funds appropriated to carry out this Act to acquire real property.

A bill to establish the Kenai Mountains-Turnagain Arm National Heritage Area in the State of Alaska, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``World Trade Center National Memorial Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds as follows: (1) On September 11, 2001, terrorists hijacked four civilian aircraft, causing two of them to crash into the twin towers of the World Trade Center in New York City, a third into the Pentagon, and a fourth in rural southwest Pennsylvania. (2) Nearly 3,000 people were killed at the World Trade Center site in the most lethal terrorist attack ever committed against the United States. (3) In the months since the historic events of September 11, 2001, thousands of people have visited the World Trade Center site to mourn the dead, to pay tribute to the heroic action and sacrifice of the firefighters, police, emergency personnel, and other responders, and attempt to understand the nature of this attack on the United States. (4) The attack on the World Trade Center resulted in great destruction and damage to homes, churches, schools, and commercial and retail buildings, causing the loss of thousands of jobs and businesses in Lower Manhattan. (5) The human and emotional toll of this attack has been felt across the United States and throughout the world. (6) Many are profoundly concerned about the future disposition of the World Trade Center site, and many citizens, family members, professional organizations, local businesses and residents, and State and local officials have formed coalitions and held forums to provide a voice for all interested and concerned parties. (7) A broad and deep consensus has emerged in the United States that this site is a sacred site that cannot be forgotten and requires the highest form of national recognition. (8) It is appropriate that a national memorial be established at, or proximate to, the World Trade Center site to commemorate the internationally significant events of September 11, 2001, and the lives lost, and that the memorial be designated as a unit of the National Park System. (b) Purposes.--The purposes of this Act are as follows: (1) To establish a national memorial at, or proximate to, the World Trade Center site in New York City to commemorate the tragic events of September 11, 2001. (2) To ensure the public has full access to and significant involvement in decisions regarding the location, planning, and design of the national memorial. (3) To authorize the Secretary of the Interior to provide technical assistance to the Lower Manhattan Development Corporation and to permanently administer the national memorial as a unit of the National Park System for present and future generations. (4) To establish in the Department of the Interior the World Trade Center Memorial Advisory Board to advise the Director of the National Park Service on the management of the memorial. SEC. 3. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the World Trade Center Memorial Advisory Board established in section 7. (2) Corporation.--The term ``Corporation'' means the Lower Manhattan Development Corporation, a public agency created to oversee the rebuilding of the World Trade Center site and surrounding area. (3) Governor.--The term ``Governor'' means the Governor of New York. (4) Mayor.--The term ``Mayor'' means the Mayor of New York City. (5) Memorial.--The term ``Memorial'' means a sculpture, structure, or landscape element, including the real property on which it is sited, designed to commemorate the significance to the Nation of the events of September 11, 2001, at or proximate to the World Trade Center site in New York City and designated under section 4. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. WORLD TRADE CENTER NATIONAL MEMORIAL. (a) Establishment.--There is authorized to be established as a unit of the National Park System, a national memorial at, or proximate to, the site of the World Trade Center in New York City. The proposed design and boundary of the Memorial shall be determined through a public planning process established by the Corporation and included in the report required by section 5. The final design and boundary of the Memorial shall be approved by the Secretary, the Governor, and the Mayor. (b) Administration.--Upon transfer to the United States by willing sellers of the land upon which the Memorial is to be located, such land and the Memorial shall be administered by the Secretary through the National Park Service, as a unit of the National Park System, in accordance with the provisions of this Act, the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 through 4), and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467). SEC. 5. REPORT. (a) Contents.--Not later than 3 years after the date of the enactment of this Act, the Corporation shall submit a report to the Secretary, the Governor, and the Mayor for approval. This report shall contain the following: (1) The recommended design and boundary for the Memorial. (2) A description of those considerations incorporated into the boundary and design necessary to permit the effective and efficient management of the Memorial as a unit of the National Park System. (3) A proposal and schedule for the transfer of interests in property as is appropriate to the Secretary. The transfer must ensure that the property upon which the Memorial is to be located is transferred to the United States by willing sellers before construction of the Memorial begins. (4) A description of the processes and opportunities provided for public participation in the development of the report. (5) Any other planning, scheduling, construction, and long- term management issues and recommendations which, in the opinion of the Corporation, merit inclusion in the report. (b) Approval Process.--Not later than 90 days after receiving notification by the Governor and the Mayor of their respective approvals of the report, the Secretary shall approve or disapprove the report. If the Secretary disapproves the report, the Secretary shall advise the Corporation, in writing, of the reasons for such disapproval and shall indicate any recommendations for revisions. Not later than 45 days after receiving any necessary revisions to the report, the Secretary shall approve or disapprove the revised report. (c) Final Report.--The final report approved by the Secretary, the Governor, and the Mayor shall be transmitted to the Committee on Energy and Natural Resources of the Senate, and the Committee on Resources of the House of Representatives. SEC. 6. DUTIES OF THE SECRETARY. The Secretary is authorized to take the following actions: (1) Upon request by the Corporation, to provide assistance in conducting public meetings and forums. (2) Provide project management assistance for planning, design, and construction activities and in particular, to provide consultation and information permitting the plans and designs included within the report as required in section 5 to incorporate such elements necessary to facilitate the effective and efficient management of the Memorial as a unit of the National Park System. (3) Provide other assistance related to documentation and interpretation of the site and preservation of Memorial artifacts. (4) Acquire from willing sellers the land or interests in land for the Memorial site by donation, purchase with donated or appropriated funds, or exchange. (5) Administer, through the National Park Service, the Memorial as a unit of the National Park System in accordance with this Act and with the laws generally applicable to units of the National Park System. (6) Prepare a charter for the Board established in section 7 to clarify its role and its relationship with the Department of the Interior and the National Park Service. SEC. 7. ESTABLISHMENT OF THE WORLD TRADE CENTER MEMORIAL ADVISORY BOARD. (a) Establishment.--Upon transfer of the completed Memorial to the National Park Service, there is established an advisory Board to be known as the ``World Trade Center Memorial Advisory Board''. (b) Duties.--The Board shall operate as an advisor to the National Park Service on the management of the Memorial, taking into consideration input from the public and interested parties. (c) Membership.--The Board shall be composed of 17 members appointed by the Secretary as follows: (1) Two members appointed after consideration of recommendations by each United States Senator from the State of New York. (2) One member appointed after consideration of recommendations by the member of the United States House of Representatives whose district shall encompass the World Trade Center site. (3) Four members appointed after consideration of recommendations by the Mayor, to represent a broad spectrum of interested citizens, agencies, and organizations. (4) Four members appointed after consideration of recommendations by the Governor, to represent a broad spectrum of interested citizens, agencies, and organizations. (5) Six members appointed after consideration of recommendations by the President. (d) Terms.--Members of the Board shall serve for a term of 3 years. Any member of the Board may continue to serve after the expiration of his or her term, until such time as a successor is appointed. Any vacancy in the Board shall be filled in the same manner in which the original appointment was made. (e) Chair.--The members of the Board shall designate 1 of the members as Chair of the Board. (f) Meetings.--The Board shall meet on a regular basis, at least 4 times a year. Notice of meetings shall be published in local newspapers. Board meetings shall be held at locations and in such a manner as to ensure adequate public involvement. (g) Quorum.--A majority of the members serving on the Board shall constitute a quorum for the transaction of any business. (h) Voting.--The Board shall act and advise by a majority vote of the members present at any meeting at which a quorum is in attendance. (i) Expenses.--Members of the Board shall serve without compensation, but while engaged in official business shall be entitled to travel expenses, including per diem in lieu of subsistence in the same manner as persons employed intermittently in Federal Government service under section 5703 of title 5, United States Code. (j) Termination.--The Board shall terminate 60 days after the date upon which the Memorial ceases to be administered by the National Park Service. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) Construction.--Upon approval of the report required by section 5, the Secretary is authorized to grant such sums as may be necessary to the Corporation for the construction of a permanent Memorial in accordance with the approved report. (b) Matching Requirement.--Funds made available pursuant to subsection (a) shall not exceed 50 percent of the construction cost of the Memorial. (c) Technical Assistance.--There is authorized to be appropriated to the National Park Service, $300,000 for fiscal year 2004 and each fiscal year thereafter to provide technical assistance to the Corporation and to otherwise carry out this Act. (d) Board.--There is authorized to be appropriated to the Board such sums as may be necessary to perform its responsibilities under this Act.

World Trade Center National Memorial Act - Authorizes the establishment as a unit of the National Park System of a national memorial at or near the site of the World Trade Center (WTC) in New York City to commemorate the significance to the Nation of the events of September 11, 2001. Requires the design and boundary of the memorial to be: (1) determined through a public planning process established by the Lower Manhattan Development Corporation (a public agency created to oversee the rebuilding of the WTC site and surrounding area); and (2) approved by the Secretary of the Interior, the Governor of New York, and the Mayor of New York City..Establishes the World Trade Center Memorial Advisory Board upon transfer of the completed memorial to the National Park Service.

To authorize a national memorial at, or proximate to, the World Trade Center site to commemorate the tragic events of September 11, 2001, to establish the World Trade Center Memorial Advisory Board, and for other purposes.

SECTION 1. PATENT TERM RESTORATION REVIEW PROCEDURE FOR CERTAIN DRUG PRODUCTS. (a) Short Title.--This Act may be cited as the ``Drug Patent Term Restoration Review Procedure Act of 1999''. (b) Patent Term Restoration.-- (1) In general.--Chapter 14 of title 35, United States Code, is amended by inserting after section 155A the following new section: ``Sec. 155B. Patent term restoration review procedure for certain drug products ``(a) Definitions.--For purposes of this section-- ``(1) the term `Commissioner' means the Commissioner of Patents and Trademarks; and ``(2) the term `drug product' has the meaning given that term under section 156(f)(2)(A), but does not include drugs or products described under section 156(f)(2)(B). ``(b) Special Patent Term Review Procedure.-- ``(1) In general.-- ``(A) Patent restored.--The term of any patent described under subparagraph (B) shall be restored under paragraph (3) from the expiration date determined under section 154 (including any extension granted under section 156), if the Commissioner determines that the standards under paragraph (2) have been met. ``(B) Patent.--Subparagraph (A) refers to any patent that-- ``(i) has been extended under section 156, subject to the 2-year limitation described under section 156(g)(6)(c); ``(ii) is in force on-- ``(I) September 24, 1984; ``(II) the date of enactment of this section; and ``(III) the date of filing an application under this section; and ``(iii) claims a drug product, a method of using a drug product, or a method of manufacturing a drug product. ``(2) Standards.-- ``(A) In general.--Upon application by the owner of record of the patent or its agent under paragraph (5) and consideration of the application and all materials submitted by parties that would be aggrieved by grant of the restoration of a patent, the term of a patent described in paragraph (1) shall be restored if the Commissioner determines that-- ``(i) the period set forth in section 156(g)(1)(B)(ii) for the drug product exceeded 60 months; ``(ii) the owner of record of the patent or its agent has established by clear and convincing evidence that the patent owner acted with due diligence (as such term is defined in section 156(d)(3) and applied in section 156(d)(2)) during the regulatory review period referred to in section 156(g)(1)(B); and ``(iii) granting the patent restoration would not be detrimental to the public interest and the interest of fairness, as defined by the factors set forth in paragraph (7). ``(B) Determination.-- ``(i) Deduction of time.--If the Commissioner determines there is substantial evidence that the patent owner did not act with due diligence during a part of the regulatory review period, that part shall be deducted from the total amount of time in the applicable regulatory review period referred to in section 156(g)(1)(B), and the resulting period, shall be the basis for calculating the patent restoration term under paragraph (3) of this subsection. ``(ii) FDA consultation.--The Food and Drug Administration shall be consulted with respect to the Commissioner's determinations under subparagraph (A) (i), (ii), and (iii). If there is a dispute concerning the underlying facts between the patent owner and the Food and Drug Administration, the Food and Drug Administration shall make the relevant records of the Administration available to the Commissioner. ``(3) Restoration term.--If the Commissioner determines that the standards in paragraph (2) have been met for a patent, the term of such patent shall be restored for a period equal to the regulatory review period as defined in section 156(g)(1)(B) (taking into account any deduction under paragraph (2)(B)(i)), without taking into account the 2-year limitation described in section 156(g)(6)(C), except that-- ``(A) the total of the period of the patent term restoration granted under this section and any patent term extension previously granted under section 156 shall be subject to the time period limitations described in section 156(c)(2)-156 (c)(4) and (g)(6)(A); and ``(B) any patent term extension previously granted under section 156 shall be subtracted from the period of the patent term restoration granted under this subsection. ``(4) Infringement.--During the period of any restoration granted under this subsection, the rights derived from a patent the term of which is restored shall be determined in accordance with sections 156(b) and 271. ``(5) Procedure.-- ``(A) Time for filing.--Any application under this section shall be filed with the Commissioner within 90 days after the date of enactment of this section. ``(B) Filing.--Upon submission of an application to the Commissioner by the owner of record of a patent referred to in paragraph (1) or its agent for a determination in accordance with paragraph (3)-- ``(i) the Commissioner shall publish within 30 days after the submission in the Federal Register a notice of receipt of an application and make the application available to the public upon request; ``(ii) any interested party may submit comments on the application within the 60-day period beginning on the date of publication of the notice; ``(iii) within 7 days following the expiration of that 60-day period, the Commissioner shall forward a copy of all comments received to the applicant, who shall be entitled to submit a response to such comments to the Commissioner within 45 days after receipt of such comments; ``(iv) within 30 days following receipt of the applicant's response to comments or, if there are no such comments, within 30 days following expiration of the 60-day comment period, the Commissioner shall, in writing-- ``(I) determine whether to grant the application; and ``(II) make specific findings regarding the criteria set forth in paragraph (2) (including, where appropriate, findings regarding the public interest and fairness factors set forth in paragraph (7)); and ``(v) if the Commissioner determines that the standards set forth in paragraph (2) have been met, the Commissioner shall-- ``(I) issue to the applicant a certificate of restoration, under seal, for the period prescribed under paragraph (3); and ``(II) record the certificate in the official file of the patent, which certificate shall be in effect from the date it issues and shall be considered a part of the original patent. ``(C) Patent term during review.--If the term of a patent for which an application has been submitted under this section would expire before a determination to issue a certificate of restoration is made under subparagraph (B), the Commissioner may extend, until such determination is made (but not to exceed 1 year) the term of the patent if the Commissioner determines that the patent likely would be eligible for restoration. ``(D) Record and review.--The Commissioner's determination under subparagraph (B)(iv) shall be based solely on the record developed under this subsection. Except as provided in section 141, the Commissioner's determination shall not be reviewable in any court. ``(6) Application fee.--The applicant shall pay a fee for an application made under this subsection which shall be determined in accordance with the same criteria as the fees established under section 156(h). ``(7) Public interest and fairness.--When required to make a determination under paragraph (2)(A)(iii), the Commissioner shall consider each of the following factors and shall not rely solely on any single factor: ``(A) Whether grant of the application would result in the public having no other commercially available alternatives to treat the same disease or condition as the drug claimed in the patent that is the subject of the patent term restoration request. ``(B) Whether grant of the application would disserve society's interest in the availability of innovative drugs at competitive prices. ``(C) Whether denial of the application would disserve society's interest in encouraging and rewarding pharmaceutical research and innovation. ``(D) Whether denial of the application would be unfair to the applicant, in comparison to others who have experienced the benefits of a 5-year patent restoration under section 156 while experiencing similar regulatory review delays. ``(E) Whether other manufacturers, before the date of enactment of this section, have submitted applications under sections 505(b)(2) or (j) of the Federal Food, Drug, and Cosmetic Act that are sufficiently complete to permit substantive review and have made substantial investments to manufacture a generic version of the particular drug that is the subject of the patent term restoration application, which would not receive the compensation specified under subsection (e) of the Drug Patent Term Restoration Review Procedure Act of 1999.''. (2) Technical and conforming amendment.--The table of sections for chapter 14 of title 35, United States Code, is amended by inserting after the item relating to section 155A the following: ``155B. Patent term restoration review procedure for certain drug products.''. (c) Appeal of Determinations of the Commissioner.--Section 141 of title 35, United States Code, is amended by adding at the end the following: ``The applicant under section 155B, or any aggrieved party that made a submission commenting on an application under section 155B, may appeal the determination of the Commissioner under such section to the United States Court of Appeals for the Federal Circuit.''. (d) Court Jurisdiction.-- (1) Court of appeals for the federal circuit.--Section 1295(a)(4) of title 28, United States Code, is amended-- (A) in subparagraph (B), by striking ``or'' after the semicolon; (B) in subparagraph (C), by adding ``or'' after the semicolon; and (C) by inserting after subparagraph (C) the following: ``(D) the Commissioner of Patents and Trademarks under section 155B of title 35;''. (2) Jurisdiction based on infringement of patent.--Section 271(e) of title 35, United States Code, is amended by adding at the end the following: ``(5) In any action brought under paragraph (2) involving a patent, the term of which has been restored under section 155B, the alleged infringer shall have the right to seek compensation under subsection (e) of the Drug Patent Term Restoration Review Procedure Act of 1999.''. (e) Compensation.-- (1) In general.--In the event a person has submitted an application described in section 505(b)(2) or 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2),(j)) for a drug product covered by a patent for which a patent term restoration was provided under section 155B of title 35, United States Code (as added by subsection (a)(1)) and such application has been found by the Food and Drug Administration on or before the date of the enactment of this section to be sufficiently complete to permit substantive review, such person shall be entitled to compensation of $2,000,000 by the patent owner. Any holder of a Type II Drug Master File that has permitted a reference to its Type II Drug Master File to be made in such application shall be entitled to compensation of $1,000,000 by the patent owner. (2) Limits on liability.--A patent owner shall not be required to make under paragraph (1) payments exceeding-- (A) $10,000,000 to persons submitting applications described in such paragraph, or (B) $5,000,000 to holders of Type II Drug Master Files. If the aggregate limits are insufficient to pay the applicants or holders the full amounts specified in paragraph (1), each such applicant or holder shall be paid its per capita share of the aggregate liability imposed by paragraph (1) upon the patent holder. (f) Effect of Filing of Abbreviated Applications.--The fact that 1 or more abbreviated applications have been filed under section 505 (b) or (j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355 (b) or (j)) for approval of a drug product, which is covered by a patent that is the subject of an application for term restoration under this section, shall not preclude the grant of such term restoration. (g) Report to Congress.--Not later than 1 year after the effective date of this section, the Commissioner of Patents and Trademarks shall-- (1) submit to Congress a report evaluating the patent term restoration review procedure established under this section; and (2) include in such report a recommendation whether Congress should consider establishing such a patent term restoration review procedure for other patents. (h) Effective Date.--This section shall take effect on the date of enactment of this section and an owner of record of a patent referred to under section 155B(b)(1) of title 35, United States Code (as added by this section); or an agent of the owner shall be immediately eligible on such a date to submit an application to the Commissioner for a determination in accordance with subsection (b)(3) of such section. SEC. 2. AMENDMENTS TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT. (a) Limitation on Use of Patents to Prevent ANDA Approval.-- (1) Application.--Section 505(b)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2)) is amended by adding at the end the following: ``For an approved product claimed in a patent, the term of which has been restored pursuant to section 155B of title 35, United States Code, the certification required by subparagraph (A) is limited to any patent that claims an active ingredient, including any salt or ester of the active ingredient, of the approved product, alone or in combination with another active ingredient.''. (2) Abbreviated application.--Section 505(j)(2)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(2)(A)) is amended by adding at the end the following: ``For an approved product claimed in a patent, the term of which has been restored pursuant to section 155B of title 35, United States Code, the certification required by clause (vii) is limited to any patent that claims an active ingredient, including any salt or ester of the active ingredient, of the approved product, alone or in combination with another active ingredient.''. (b) Exclusivity for Generic Drug.--Section 505(j)(5)(B)(iv) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)(iv)) is amended by inserting after ``containing such certification'' the following: ``and for which an action for infringement of a patent which is the subject of such a certification has been brought before the expiration of 45 days from the date of the notice provided under paragraph (2)(B)(i) is received''.

(Sec. 1) Defines such standards as: (1) a regulatory review period from application submission to application approval exceeding 60 months; (2) clear and convincing evidence by the owner of record of the patent (or its agent) that the patent owner acted with due diligence; and (3) absence of any detriment by the granting of patent restoration to the public interest and the interest of fairness. Requires subtraction from the total amount of the restoration term of any time during the regulatory review period during which the Commissioner finds that the applicant for patent term restoration did not act with due diligence. Limits a restoration period, together with any extension period, and subject to other specified restrictions and adjustments, to five years. Requires restoration term applications to be filed within 90 days after enactment of this Act. Specifies factors of public interest and fairness the Commissioner shall consider when making a term restoration determination, including whether: (1) grant of the application would disserve society's interest in the availability of innovative drugs at competitive prices; or (2) denial of the application would disserve society's interest in encouraging and rewarding pharmaceutical research and innovation. Provides for: (1) claim determination procedure; (2) a one-year extension of the patent term pending final disposition; and (3) appeal of the Commissioner's determinations to the U.S. Court of Appeals for the Federal Circuit only. Entitles to compensation by the patent owner of any person who has submitted an new drug application under the Federal Food, Drug, and Cosmetic Act for a drug product covered by a patent for which a patent term was restored under this Act, if such application has been found by the Food and Drug Administration on or before enactment of this Act to be sufficiently complete to permit substantive review. Sets the amount of compensation at: (1) $2 million; or (2) $1 million for any holder of a Type II Drug Master File that has permitted a reference to its File to be made in such application. Limits a patent owner's overall liability to: (1) $10 million to persons submitting new drug applications; or (2) $5 million to holders of Type II Drug Master Files. Requires the Commissioner to report to Congress: (1) an evaluation of the patent term restoration review procedure established by this Act; and (2) a recommendation whether Congress should consider establishing such a patent term review procedure for patents not covered by this Act. (Sec. 2) Amends the Federal Food, Drug, and Cosmetic Act to limit a certain required certification in an application (including an abbreviated application) for an approved product claimed in a patent whose term has been restored, to any patent that claims an active ingredient, including any salt or ester of the active ingredient, of the approved product, alone or in combination with another active ingredient (thus limiting the use of patents to prevent new drug approval).

Drug Patent Term Restoration Review Procedure Act of 1999

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare Patient IVIG Access Act of 2009''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Medicare payment for intravenous immune globulins (IVIG). Sec. 4. Coverage and payment of intravenous immune globulin in the home. Sec. 5. Collection of data and review of complexity codes for physician administration of IVIG. Sec. 6. Reports. Sec. 7. Offset. SEC. 2. FINDINGS. (a) Findings.--Congress finds the following: (1) The 2001 report of the Medicare Payment Advisory Commission to Congress states that ``to help ensure beneficiaries' access to high-quality care, Medicare payments should correspond to the cost efficient providers incur in furnishing this care''. Payments that do not meet this objective may create barriers to access. (2) Intravenous immune globulin (IVIG) is a human blood plasma derived product, which over the past 25 years has become an invaluable therapy for many chronic conditions and illnesses, including primary immunodeficiency diseases, autoimmune, and neurological disorders. For many of these disorders, IVIG is the most effective and viable treatment available, and has dramatically improved the quality of life for persons with these conditions and has become a life-saving therapy for many. (3) The Food and Drug Administration (FDA) recognizes each IVIG brand as a unique biologic. The differences in basic fractionation and the addition of various modifications for further purification, stabilization, and virus inactivation/ removal yield clearly different biological products. As a result, IVIG therapies are not interchangeable, with patient tolerance differing from one IVIG brand to another. (4) The report of the Office of the Assistant Secretary for Planning and Evaluation (ASPE), Department of Health and Human Services (DHHS), ``Analysis of Supply, Distribution, Demand, and Access Issues Associated with Immune Globulin Intravenous (IGIV)'', issued in May 2007, found that IVIG manufacturing is complex and requires substantial upfront cash outlay and planning and takes between 7 and 12 months from plasma collection at donor centers to FDA lot release. (5) The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 changed Medicare's reimbursement methodology for IVIG from average wholesale price (AWP) to average sales price plus 6 percent (ASP+6), effective January 1, 2005, for physicians, and January 1, 2006, for hospital outpatient departments, thereby reducing reimbursement rates paid to these providers of IVIG on behalf of Medicare beneficiaries. (6) An Office of the Inspector General (OIG) April 2007 report, Intravenous Immune Globulin: Medicare Payment and Availability, found that Medicare reimbursement for IVIG was inadequate to cover the cost many providers must pay for the product. During the third quarter of 2006, 44 percent of IVIG sales to hospitals and 41 percent of sales to physicians by the three largest distributors occurred at prices above Medicare payment amounts. (7) The ASPE report notes that after the new reimbursement rules for physicians were instituted in 2005, 42 percent of Medicare beneficiaries who had received their IVIG treatment in their physician's office at the end of 2004 were shifted to the hospital outpatient setting by the beginning of 2006. This shift in site of care has resulted in lack of continuity of care and adverse impact on health outcomes and quality of life. (8) The OIG also reported that 61 percent of responding physicians indicated that they had sent patients to hospitals for IVIG treatment, largely because of their inability to purchase IVIG at prices below the Medicare payment amounts. In addition, OIG found that some physicians had stopped providing IVIG to Medicare beneficiaries altogether. (9) The OIG's 2007 report concluded that whatever improvement some providers saw in the relationship of Medicare reimbursement for IVIG to prices paid during the first three quarters of 2006 would be eroded if manufacturers were to increase prices for IVIG in the future. (10) The Centers for Medicare & Medicaid Services, in recognition of dislocations experienced by patients and providers in obtaining IVIG since the change to the ASP+6 reimbursement methodology, has provided during 2006 and 2007 a temporary additional payment for IVIG preadministration-related services to compensate physicians and hospital outpatient departments for the extra resources they have had to expend in locating and obtaining appropriate IVIG products and in scheduling patient infusions. (11) The Medicare Modernization Act of 2003 (MMA) established an IVIG home infusion benefit for persons with primary immunodeficiency disease (PIDD), paying only for IVIG and specifically excluding coverage of items and services related to administration of the product. (12) The ASPE report, Analysis of Supply, Distribution, Demand, and Access Issues Associated with Immune Globulin Intravenous (IGIV), found that Medicare's IVIG home infusion benefit is not designed to reimburse for more than the cost of IVIG and does not cover the cost of infusion services (for example, nursing and clinical services and supplies) in the home. As a consequence, the report found that home infusion providers generally do not accept new PIDD patients with only Medicare coverage. These limitations in service are caused by health care providers-- (A) not being able to acquire IVIG at prices at or below the Medicare part B reimbursement level; and (B) not being reimbursed for the infusion services provided by a nurse. (13) Physicians administering IVIG to Medicare beneficiaries are reimbursed at the same low complexity level as the administration of antibiotics. However the administration of IVIG requires special preparation and handling, involves significant patient risk, and prolonged nursing time to monitor the patient during infusion. SEC. 3. MEDICARE PAYMENT FOR INTRAVENOUS IMMUNE GLOBULINS (IVIG). (a) In General.--Section 1842(o) of the Social Security Act (42 U.S.C. 1395u(o)) is amended-- (1) in paragraph (1)(E)(ii), by inserting before the period the following: ``, plus an additional amount (if applicable) under paragraph (7)''; (2) in paragraph (7), by striking ``(6)'' and inserting ``(7)'' and by redesignating it as paragraph (8); and (3) by inserting after paragraph (6) the following new paragraph: ``(7)(A) Not later than 6 months after the date of the enactment of the Medicare Patient IVIG Access Act of 2009, the Secretary shall-- ``(i) collect data on the differences, if any, between payments to physicians for immune globulins under paragraph (1)(E)(ii) and costs incurred by physicians for furnishing these products; and ``(ii) review available data, including survey data presented by members of the IVIG community and pricing data collected by the Federal Government, on the access of individuals eligible for services under this part to immune globulins. ``(B) Upon completion of the review and collection of data under subparagraph (A), and not later than 7 months after the date of the enactment of this paragraph, the Secretary shall provide, if appropriate, to physicians furnishing immune globulins, a payment, in addition to the payment provided for in paragraph (1)(E)(ii), for all items related to the furnishing of immune globulins, in an amount that the Secretary determines to be appropriate. Such payment shall continue for a period of 2 years beginning on the date such additional payment is first provided under this subparagraph.''. (b) As Part of Hospital Outpatient Services.--Section 1833(t)(14) of such Act (42 U.S.C. 1395l(t)(14)) is amended-- (1) in subparagraph (A)(iii), in the matter preceding subclause (I), by striking ``subparagraph (E)'' and inserting ``subparagraphs (E) and (I)''; and (2) by adding at the end the following new subparagraph: ``(I) Additional payment for immune globulins.-- ``(i) Data collection and review.--Not later than 6 months after the date of the enactment of the Medicare Patient IVIG Access Act of 2009, the Secretary shall-- ``(I) review available data, including survey data presented by members of the IVIG community and pricing data collected by the Federal Government, on the access of individuals eligible for services under this part to immune globulins; and ``(II) collect data on the differences, if any, between payments for immune globulins under subparagraph (A)(iii) and costs incurred for furnishing these products. ``(ii) Additional payment authority.--Upon completion of the review and collection of data under clause (i), and not later than 7 months after the date of the enactment of this subparagraph, the Secretary shall provide, if appropriate, to hospitals furnishing immune globulins as part of a covered OPD service, a payment, in addition to the payment provided for under subparagraph (A)(iii), for all items related to the furnishing of immune globulins, in an amount that the Secretary determines to be appropriate. Such payment shall continue for a period of 2 years beginning on the date such additional payment is first provided under this clause.''. SEC. 4. COVERAGE AND PAYMENT OF INTRAVENOUS IMMUNE GLOBULIN IN THE HOME. (a) Including Coverage of Administration.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)(Z), by inserting ``and items and services related to the administration of intravenous immune globulin'' after ``globulin''; and (2) in subsection (zz), by striking ``but not including items or services related to the administration of the derivative,''. (b) Payment for Intravenous Immune Globulin Administration in the Home.--Section 1842(o) of such Act (42 U.S.C. 1395u(o)), as amended by section 3(a), is amended-- (1) in paragraph (1)(E)(ii), by striking ``paragraph (7)'' and inserting ``paragraph (7) or (8)''; (2) by redesignating paragraph (8) as paragraph (9); and (3) by inserting after paragraph (7) the following new paragraph: ``(8)(A) Subject to subparagraph (B), in the case of intravenous immune globulins described in section 1861(s)(2)(Z) that are furnished on or after January 1, 2010, the Secretary shall provide for a separate payment for items and services related to the administration of such intravenous immune globulins in an amount that the Secretary determines to be appropriate based on a review of available published and unpublished data and information, including the Study of Intravenous Immune Globulin Administration Options: Safety, Access, and Cost Issues conducted by the Secretary (CMS Contract #500-95-0059). Such payment amount may take into account the following: ``(i) Pharmacy overhead and related expenses. ``(ii) Patient service costs. ``(iii) Supply costs. ``(B) The separate payment amount provided under this paragraph for intravenous immune globulins furnished in 2010 or a subsequent year shall be equal to the separate payment amount determined under this paragraph for the previous year increased by the percentage increase in the medical care component of the consumer price index for all urban consumers (United States city average) for the 12-month period ending with June of the previous year.''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply to intravenous immune globulin administered on or after January 1, 2010. SEC. 5. COLLECTION OF DATA AND REVIEW OF COMPLEXITY CODES FOR PHYSICIAN ADMINISTRATION OF IVIG. (a) Data Collection.--The Secretary of Health and Human Services may enter into a contract for the collection of data, by not later than 6 months after the date of the enactment of this Act, on the practice of IVIG infusion, including collection of data on the complexity of such infusions. (b) Data Review.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall review data collected under such contract as well as data submitted by members of the medical community related to the current infusion payment codes under part B of title XVIII of the Social Security Act. (c) Modification of Codes.--Upon completion of any data collection under subsection (a) and the review under subsection (b) and not later than 7 months after the date of the enactment of this Act, the Secretary shall-- (1) provide notice to the appropriate Medicare administrative contractors regarding which existing infusion codes shall be used for purposes of IVIG reimbursement under part B of title XVIII of the Social Security Act; or (2) submit to Congress and the RBRUS Committee (RUC) a report on why an additional infusion payment code is necessary. SEC. 6. REPORTS. (a) Report by the Secretary.--Not later than 7 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress on the following: (1) The results of the data collection and review conducted by the Secretary under subparagraph (A) of section 1842(o)(7) of the Social Security Act, as added by section 3(a), and clause (i) of section 1833(t)(14)(I) of such Act, as added by section 3(b). (2) Whether the Secretary plans to use the authority under subparagraph (C) of such section 1842(o)(7) and clause (iii) of such section 1833(t)(14)(I) of such Act to provide an additional payment to physicians furnishing intravenous immune globulins and, if the Secretary does not plan to use such authority, the reasons why the payment is appropriate without such an additional payment based on the data collected and reviewed. (b) MedPAC Report.--Not later than 2 years after the date of the enactment of this Act, the Medicare Payment Advisory Commission shall submit a report to the Secretary and to Congress that contains the following: (1) In the case where the Secretary has used the authority under sections 1842(o)(7)(C) and 1833(t)(14)(I)(iii) of the Social Security Act, as added by subsections (a) and (b), respectively, of section 3 to provide an additional payment to physicians furnishing intravenous immune globulins during the preceding year, an analysis of whether beneficiary access to intravenous immune globulins under the Medicare program under title XVIII of the Social Security Act has improved as a result of the Secretary's use of such authority. (2) An analysis of the appropriateness of implementing a new methodology for payment for intravenous immune globulins under part B of title XVIII of the Social Security Act (42 U.S.C. 1395k et seq.). (3) An analysis of the feasibility of reducing the lag time with respect to data used to determine the average sales price under section 1847A of the Social Security Act (42 U.S.C. 1395w-3a). (4) Recommendations for such legislation and administrative action as the Medicare Payment Advisory Commission determines appropriate. SEC. 7. OFFSET. Section 1861(n) of the Social Security Act (42 U.S.C. 1395x(n)) is amended by adding at the end the following: ``Such term includes disposable drug delivery systems, including elastomeric infusion pumps, for the treatment of colorectal cancer.''.

Medicare Patient IVIG Access Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to collect data on the differences, if any, between: (1) payments to physicians for immune globulins using average sales price payment methodology; and (2) costs incurred by physicians for furnishing these products. Requires the Secretary also to review data on the access of eligible individuals to immune globulins. Requires the Secretary, after completion of the review, to provide, if appropriate, an additional payment to such physicians for all items related to the furnishing of immune globulins as part of hospital outpatient services. Provides for Medicare coverage of and payment for intravenous immune globulin (IVIG) administered in the home. Allows the Secretary to contract for the collection of data on the practice of IVIG infusion. Directs the Secretary to review data collected under such a contract as well as data submitted by members of the medical community related to the current infusion payment codes under part B (Supplementary Medical Insurance) of SSA title XVIII. Requires the Secretary, upon completion of any data collection and review, to: (1) notify the appropriate Medicare administrative contractors regarding which existing infusion codes shall be used for purposes of part B IVIG reimbursement; or (2) report to Congress and the RBRUS Committee (RUC) on why an additional infusion payment code is necessary. Extends the meaning of durable medical equipment to include disposable drug delivery systems, including elastomeric infusion pumps, for the treatment of colorectal cancer.

A bill to amend title XVIII of the Social Security Act to improve access of Medicare beneficiaries to intravenous immune globulins (IVIG).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rocky Mountain Front Heritage Act of 2013''. SEC. 2. DEFINITIONS. In this Act: (1) Conservation management area.--The term ``Conservation Management Area'' means the Rocky Mountain Front Conservation Management Area established by section 3(a)(1). (2) Decommission.--The term ``decommission'' means-- (A) to reestablish vegetation on a road; and (B) to restore any natural drainage, watershed function, or other ecological processes that are disrupted or adversely impacted by the road by removing or hydrologically disconnecting the road prism. (3) District.--The term ``district'' means the Rocky Mountain Ranger District of the Lewis and Clark National Forest. (4) Map.--The term ``map'' means the map entitled ``Rocky Mountain Front Heritage Act'' and dated October 27, 2011. (5) Nonmotorized recreation trail.--The term ``nonmotorized recreation trail'' means a trail designed for hiking, bicycling, or equestrian use. (6) Secretary.--The term ``Secretary'' means-- (A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and (B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. (7) State.--The term ``State'' means the State of Montana. SEC. 3. ROCKY MOUNTAIN FRONT CONSERVATION MANAGEMENT AREA. (a) Establishment.-- (1) In general.--There is established the Rocky Mountain Front Conservation Management Area in the State. (2) Area included.--The Conservation Management Area shall consist of approximately 195,073 acres of Federal land managed by the Forest Service and 13,087 acres of Federal land managed by the Bureau of Land Management in the State, as generally depicted on the map. (3) Incorporation of acquired land and interests.--Any land or interest in land that is located in the Conservation Management Area and is acquired by the United States from a willing seller shall-- (A) become part of the Conservation Management Area; and (B) be managed in accordance with-- (i) in the case of land managed by the Forest Service-- (I) the Act of March 1, 1911 (commonly known as the ``Weeks Law'') (16 U.S.C. 552 et seq.); and (II) any laws (including regulations) applicable to the National Forest System; (ii) in the case of land managed, by the Bureau of Land Management, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (iii) this section; and (iv) any other applicable law (including regulations). (b) Purposes.--The purposes of the Conservation Management Area are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the recreational, scenic, historical, cultural, fish, wildlife, roadless, and ecological values of the Conservation Management Area. (c) Management.-- (1) In general.--The Secretary shall manage the Conservation Management Area-- (A) in a manner that conserves, protects, and enhances the resources of the Conservation Management Area; and (B) in accordance with-- (i) the laws (including regulations) and rules applicable to the National Forest System for land managed by the Forest Service; (ii) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) for land managed by the Bureau of Land Management; (iii) this section; and (iv) any other applicable law (including regulations). (2) Uses.-- (A) In general.--The Secretary shall only allow such uses of the Conservation Management Area that the Secretary determines would further the purposes described in subsection (b). (B) Motorized vehicles.-- (i) In general.--The use of motorized vehicles in the Conservation Management Area shall be permitted only on existing roads, trails, and areas designated for use by such vehicles as of the date of enactment of this Act. (ii) New or temporary roads.--Except as provided in clause (iii), no new or temporary roads shall be constructed within the Conservation Management Area. (iii) Exceptions.--Nothing in clause (i) or (ii) prevents the Secretary from-- (I) rerouting or closing an existing road or trail to protect natural resources from degradation, as determined to be appropriate by the Secretary; (II) constructing a temporary road on which motorized vehicles are permitted as part of a vegetation management project in any portion of the Conservation Management Area located not more than \1/4\ mile from the Teton Road, South Teton Road, Sun River Road, Beaver Willow Road, or Benchmark Road; (III) authorizing the use of motorized vehicles for administrative purposes (including noxious weed eradication or grazing management); or (IV) responding to an emergency. (iv) Decommissioning of temporary roads.-- The Secretary shall decommission any temporary road constructed under clause (iii)(II) not later than 3 years after the date on which the applicable vegetation management project is completed. (C) Grazing.--The Secretary shall permit grazing within the Conservation Management Area, if established on the date of enactment of this Act-- (i) subject to-- (I) such reasonable regulations, policies, and practices as the Secretary determines appropriate; and (II) all applicable laws; and (ii) in a manner consistent with-- (I) the purposes described in subsection (b); and (II) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617). (D) Vegetation management.--Nothing in this Act prevents the Secretary from conducting vegetation management projects within the Conservation Management Area-- (i) subject to-- (I) such reasonable regulations, policies, and practices as the Secretary determines appropriate; and (II) all applicable laws (including regulations); and (ii) in a manner consistent with the purposes described in subsection (b). SEC. 4. DESIGNATION OF WILDERNESS ADDITIONS. (a) In General.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal land in the State is designated as wilderness and as additions to existing components of the National Wilderness Preservation System: (1) Bob marshall wilderness.--Certain land in the Lewis and Clark National Forest, comprising approximately 50,401 acres, as generally depicted on the map, which shall be added to and administered as part of the Bob Marshall Wilderness designated under section 3 of the Wilderness Act (16 U.S.C. 1132). (2) Scapegoat wilderness.--Certain land in the Lewis and Clark National Forest, comprising approximately 16,711 acres, as generally depicted on the map, which shall be added to and administered as part of the Scapegoat Wilderness designated by the first section of Public Law 92-395 (16 U.S.C. 1132 note). (b) Management of Wilderness Additions.--Subject to valid existing rights, the land designated as wilderness additions by subsection (a) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be deemed to be a reference to the date of the enactment of this Act. (c) Livestock.--The grazing of livestock and the maintenance of existing facilities relating to grazing in the wilderness additions designated by this section, if established before the date of enactment of this Act, shall be permitted to continue in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617). (d) Wildfire, Insect, and Disease Management.--In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), within the wilderness additions designated by this section, the Secretary may take any measures that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines appropriate, the coordination of those activities with a State or local agency. (e) Adjacent Management.-- (1) In general.--The designation of a wilderness addition by this section shall not create any protective perimeter or buffer zone around the wilderness area. (2) Nonwilderness activities.--The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness addition designated by this section shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area. SEC. 5. MAPS AND LEGAL DESCRIPTIONS. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare maps and legal descriptions of the Conservation Management Area and the wilderness additions designated by sections 3 and 4, respectively. (b) Force of Law.--The maps and legal descriptions prepared under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary may correct typographical errors in the map and legal descriptions. (c) Public Availability.--The maps and legal descriptions prepared under subsection (a) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management. SEC. 6. NOXIOUS WEED MANAGEMENT. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall prepare a comprehensive management strategy for preventing, controlling, and eradicating noxious weeds in the district. (b) Contents.--The management strategy shall-- (1) include recommendations to protect wildlife, forage, and other natural resources in the district from noxious weeds; (2) identify opportunities to coordinate noxious weed prevention, control, and eradication efforts in the district with State and local agencies, Indian tribes, nonprofit organizations, and others; (3) identify existing resources for preventing, controlling, and eradicating noxious weeds in the district; (4) identify additional resources that are appropriate to effectively prevent, control, or eradicate noxious weeds in the district; and (5) identify opportunities to coordinate with county weed districts in Glacier, Pondera, Teton, and Lewis and Clark Counties in the State to apply for grants and enter into agreements for noxious weed control and eradication projects under the Noxious Weed Control and Eradication Act of 2004 (7 U.S.C. 7781 et seq.). (c) Consultation.--In developing the management strategy required under subsection (a), the Secretary shall consult with-- (1) the Secretary of the Interior; (2) appropriate State, tribal, and local governmental entities; and (3) members of the public. SEC. 7. NONMOTORIZED RECREATION OPPORTUNITIES. Not later than 2 years after the date of enactment of this Act, the Secretary of Agriculture, in consultation with interested parties, shall conduct a study to improve nonmotorized recreation trail opportunities (including mountain bicycling) on land not designated as wilderness within the district. SEC. 8. MANAGEMENT OF FISH AND WILDLIFE; HUNTING AND FISHING. Nothing in this Act affects the jurisdiction of the State with respect to fish and wildlife management (including the regulation of hunting and fishing) on public land in the State. SEC. 9. OVERFLIGHTS. (a) Jurisdiction of the Federal Aviation Administration.--Nothing in this Act affects the jurisdiction of the Federal Aviation Administration with respect to the airspace above the wilderness or the Conservation Management Area. (b) Benchmark Airstrip.--Nothing in this Act affects the continued use, maintenance, and repair of the Benchmark (3U7) airstrip. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

. Rocky Mountain Front Heritage Act of 2013 - (Sec. 3) Establishes the Rocky Mountain Front Conservation Management Area in Montana consisting of approximately 195,073 acres of federal land managed by Forest Service and 13,087 acres of federal land managed by the Bureau of Land Management (BLM). Permits the Secretary of Agriculture with respect to Forest Service land or the Secretary of the Interior with respect to BLM land (the Secretary concerned) to only allow uses of the Conservation Management Area that would conserve, protect, and enhance the benefit and enjoyment of present and future generations of the recreational, scenic, historical, cultural, fish, wildlife, roadless, and ecological values of the Area. Sets forth provisions for the management of the Conservation Management Area regarding motorized vehicles and vegetation management projects. Allows the Secretary concerned to permit grazing within the Conservation Management Area if it was established before enactment of this Act. (Sec. 4) Designates specified land within the Lewis and Clark National Forest in Montana as wilderness. Adds the land to the National Wilderness Preservation System. Permits livestock grazing and the maintenance of existing grazing facilities to continue if it was established before enactment of this Act. Authorizes the Secretary concerned to take necessary measures to control fires, insects, and diseases. (Sec. 6) Directs the Department of Agriculture (USDA) to prepare a comprehensive management strategy for the prevention, control, and eradication of noxious weeds in the Rocky Mountain Ranger District of the Lewis and Clark National Forest. (Sec. 7) Authorizes USDA to conduct a study for improving nonmotorized recreation trail opportunities, including mountain bicycling, on land within the District that is not designated as wilderness. (Sec. 8) States that nothing in this Act affects Montana's jurisdiction over fish and wildlife management, including the regulation of hunting and fishing. (Sec. 9) States that nothing in this Act affects the jurisdiction of the Federal Aviation Administration (FAA) respecting the airspace above the wilderness or the Conservation Management Area nor the continued use, maintenance, and repair of the Benchmark (3U7) airstrip.

Rocky Mountain Front Heritage Act of 2013

SECTION 1. SHORT TITLE; CONSTITUTIONAL AUTHORITY. (a) Short Title.--This Act may be cited as the ``Homeowner Empowerment Act of 2008''. (b) Constitutional Authority To Enact This Legislation.--The constitutional authority upon which this Act rests is the power of Congress to lay and collect taxes, set forth in article I, section 8 of the United States Constitution. SEC. 2. EXCLUSION FROM GROSS INCOME OF CERTAIN DISTRIBUTIONS FROM QUALIFIED RETIREMENT PLANS USED FOR MORTGAGE PAYMENTS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139A the following new section: ``SEC. 139B. CERTAIN DISTRIBUTIONS FROM QUALIFIED RETIREMENT PLANS USED FOR MORTGAGE PAYMENTS. ``(a) In General.--Gross income shall not include a qualified mortgage distribution. ``(b) Limitation.--Subsection (a) shall not apply to any distribution made in any month to the extent that such distribution (when added to all other distributions made in such month which are taken into account under subsection (a) with respect to any individual) exceeds $5,000. ``(c) Qualified Mortgage Distribution.--For purposes of this section-- ``(1) In general.--The term `qualified mortgage distribution' means any distribution which is made before January 1, 2010, from an individual retirement plan, or from amounts attributable to employer contributions made pursuant to elective deferrals described in subparagraph (A) or (C) of section 402(g)(3) or section 501(c)(18)(D)(iii), directly by the trustee of the plan to a mortgagee with respect to a qualified mortgage of any individual. Such term shall not include any distribution to the extent that such distribution exceeds the required minimum payment due under the terms of the mortgage. ``(2) Qualified mortgage.--The term `qualified mortgage' means any mortgage which is-- ``(A) secured by the principal residence (within the meaning of section 121) of the mortgagor, and ``(B) originated before January 1, 2008. ``(d) Requirement To Repay Distributions.--For purposes of this section-- ``(1) In general.--The term `qualified mortgage distribution' shall not include any distribution except to the extent that one or more contributions to an individual retirement plan of the taxpayer in an aggregate amount equal to such distribution are made during the 12-year period beginning on the date of such distribution. ``(2) Treatment of recontributions.--In the case of any contribution to an individual retirement plan taken into account under paragraph (1)-- ``(A) the dollar limitations otherwise applicable to contributions to individual retirement plans shall not apply to such contribution, and ``(B) no deduction shall be allowed for such contribution. ``(3) Failure to repay.--In the case of a failure to make the aggregate amount of contributions described in paragraph (1) during the 12-year period described therein with respect to any distribution which would (but for paragraph (1)) be a qualified mortgage distribution, such distribution shall be includible in the gross income of the taxpayer for the taxable year in which such 12-year period ends in lieu of the taxable year in which the distribution was made.''. (b) Waiver of 10 Percent Early Withdrawal Penalty Without Regard to Repayment Requirement.--Paragraph (2) of section 72(t) is amended by adding at the end the following new subparagraph: ``(H) Qualified mortgage distributions.--Any qualified mortgage distribution (as defined in section 139B, but without regard to subsection (d) thereof).''. (c) Conforming Amendments.-- (1) Section 401(k)(2)(B)(i) of such Code is amended by striking ``or'' at the end of subclause (IV), by striking ``and'' at the end of subclause (V) and inserting ``or'', and by inserting after subclause (V) the following new subclause: ``(VI) in the case of a distribution to which section 139B(a) applies, the date on which such distribution is made, and''. (2) Section 403(b)(7)(A)(ii) of such Code is amended by inserting ``or 139B(a)'' after ``section 72(t)(2)(G)''. (3) Section 403(b)(11) of such Code is amended by striking ``or'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, or'', and by inserting after subparagraph (C) the following new subparagraph: ``(D) for distributions to which section 139B(a) applies.''. (d) Effective Date.--The amendments made by this section shall apply to distributions made after the date of the enactment of this Act.

Homeowner Empowerment Act of 2008 - Amends the Internal Revenue Code to: (1) exclude from gross income distributions from individual retirement plans and other qualified retirement plans for payments on the mortgage of a taxpayer's principal residence; (2) require repayments of amounts distributed from such retirement plans over a 12-year period; and (3) waive the 10% penalty on premature distributions from retirement plans for distributions used to pay a mortgage.

To amend the Internal Revenue Code of 1986 to exclude from gross income certain distributions from qualified retirement plans used for mortgage payments.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Integrity Act of 2016''. SEC. 2. PUBLICATION OF INFORMATION RELATING TO PENDING REGULATORY ACTIONS. (a) Amendment.--Chapter 3 of title 5, United States Code, is amended by inserting after section 306 the following new section: ``Sec. 307. Information regarding pending agency regulatory action ``(a) Definitions.--In this section: ``(1) Agency regulatory action.--The term `agency regulatory action' means guidance, policy statement, directive, rule making, or adjudication issued by an Executive agency. ``(2) Aggrandizement.--The term `aggrandizement' means-- ``(A) any communication emphasizing the importance of the Executive agency or agency regulatory action that does not have the clear purpose of informing the public of the substance or status of the Executive agency or agency regulatory action; or ``(B) any communication that is puffery. ``(3) Public communication.--The term `public communication'-- ``(A) means any method (including written, oral, or electronic) of disseminating information to the public, including an agency statement (written or verbal), blog, video, audio recording, or other social media message; and ``(B) does not include a notice published in the Federal Register pursuant to section 553 or any requirement to publish pursuant to this section. ``(4) Rule making.--The term `rule making' has the meaning given that term under section 551. ``(b) Information To Be Posted Online.-- ``(1) Requirement.--The head of each Executive agency shall make publicly available in a searchable format in a prominent location either on the website of the Executive agency or in the rule making docket on Regulations.gov the following information: ``(A) Pending agency regulatory action.--A list of each pending agency regulatory action and with regard to each such action-- ``(i) the date on which the Executive agency first began to develop or consider the agency regulatory action; ``(ii) the status of the agency regulatory action; ``(iii) an estimate of the date of upon which the agency regulatory action will be final and in effect; ``(iv) a brief description of the agency regulatory action; ``(v) if applicable, a list of agency regulatory actions issued by the Executive agency, or any other Executive agency, that duplicate or overlap with the agency regulatory action; and ``(vi) if a regulatory impact analysis or similar cost-benefit analysis has been conducted, the findings of such analysis, including any data or formula used for purposes of such analysis. ``(B) Public communication.--For each pending agency regulatory action, a list of each public communication about the pending agency regulatory action issued by the Executive agency and with regard to each such communication-- ``(i) the date of the communication; ``(ii) the intended audience of the communication; ``(iii) the method of communication; and ``(iv) a copy of the original communication. ``(2) Period.--The head of each Executive agency shall publish the information required under paragraph (1)(A) not later than 24 hours after a public communication relating to a pending agency regulatory action is issued and shall maintain the public availability of such information not less than 5 years after the date on which the pending agency regulatory action is finalized. ``(c) Requirements for Public Communications.--Any public communication issued by an Executive agency that refers to a pending agency regulatory action-- ``(1) shall specify whether the Executive agency is considering alternatives, including alternatives that may conflict with the intent, objective, or methodology of such agency regulatory action; ``(2) shall specify whether the Executive agency is accepting or will be accepting comments; ``(3) shall expressly disclose that the Executive agency is the source of the information to the intended recipients; and ``(4) may not-- ``(A) solicit support for or promote the pending agency regulatory action; ``(B) be sent through the private email account of an officer or employee of the Executive agency; or ``(C) include statements of aggrandizement for the Executive agency, any Federal employee, or the pending agency regulatory action. ``(d) Reporting.-- ``(1) In general.--Not later than January 15 of each year, the head of an Executive agency that communicated about a pending agency regulatory action during the previous fiscal year shall submit to each committee of Congress with jurisdiction over the activities of the Executive agency a report indicating-- ``(A) the number pending agency regulatory actions the Executive agency issued public communications about during that fiscal year; ``(B) the average number of public communications issued by the Executive agency for each pending agency regulatory action during that fiscal year; ``(C) the 5 pending agency regulatory actions with the highest number of public communications issued by the Executive agency in that fiscal year; and ``(D) a copy of each public communication for the pending agency regulatory actions identified in subparagraph (C). ``(2) Availability of reports.--The head of an Executive agency that is required to submit a report under paragraph (1) shall make the report publicly available in a searchable format in a prominent location on the website of the Executive agency.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 3 of title 5, United States Code, is amended by adding after the item relating to section 306 the following new item: ``307. Information regarding pending agency regulatory action.''. Passed the House of Representatives September 14, 2016. Attest: KAREN L. HAAS, Clerk.

Regulatory Integrity Act of 2016 (Sec. 2) This bill directs each executive agency to make publicly available on the agency website or in the rule making docket on Regulations.gov a list of pending agency regulatory actions and for each such action: the date the agency began to develop or consider the action, its status, an estimate of the date it will be final and in effect, and a brief description of such action; a list of any duplicative or overlapping regulatory actions issued by the same or any other agency; if a regulatory impact analysis has been conducted, the findings of such analysis, including any data or formula used for purposes of such analysis; and a list of each public communication about the action issued by the agency, including the date of the communication, its intended audience, the method of communication, and a copy of the original communication. Each agency shall publish the information required within 24 hours after such communication is issued and maintain the public availability of such information for at least 5 years after the action is finalized. Any public communication issued by an agency that refers to a pending agency regulatory action: shall specify whether the agency is considering alternatives and accepting comments; shall expressly disclose that the agency is the source of the information to the intended recipients; and may not solicit support for or promote the action, be sent through the private email account of an agency officer or employee, or include statements of aggrandizement for the agency, any federal employee, or the action. An agency that communicated about a pending agency regulatory action during the previous fiscal year shall submit to each congressional committee with jurisdiction over the agency's activities, by January 15 of each year, a report indicating: the number of pending agency regulatory actions the agency issued public communications about during that fiscal year, the average number of public communications issued by the agency for each such action, and the five pending actions with the highest number of public communications issued by the agency in that fiscal year and a copy of each such communication. The report shall be made publicly available on the agency's website.

Regulatory Integrity Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Device Safety Monitoring Act''. SEC. 2. DEVICE PILOT PROJECTS. (a) Postmarket Pilot.--Section 519 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i) is amended by adding at the end the following: ``(i) Pilot Projects.-- ``(1) In general.--In order to provide timely and reliable information on the safety and effectiveness of cleared or approved devices, including responses to adverse events and malfunctions, and to advance the objectives of part 803 of title 21, Code of Federal Regulations (or successor regulations), and advance the objectives of, and evaluate innovative new methods of compliance with, this section and section 522, the Secretary shall, within one year of the date of enactment of this subsection, initiate one or more pilot projects for voluntary participation by a manufacturer or manufacturers of device or device type, or continue existing projects in accordance with paragraph (3), that meet all of the following requirements: ``(A) Are designed to efficiently generate reliable and timely safety and active surveillance data for use by the Secretary or manufacturers of the devices that are involved in the pilot project. ``(B) Inform the development of methods, systems, data criteria, and programs that could be used to support safety and active surveillance activities for devices not included in such project. ``(C) Are designed and conducted in coordination with a comprehensive system for evaluating medical device technology that operates under a governing board with appropriate representation of stakeholders, including consumer groups and device manufacturers. ``(D) Use electronic health data including claims data, patient survey data, and any other data, as the Secretary determines appropriate. ``(E) Prioritize devices and device types that meet one or more of the following criteria: ``(i) Devices and device types for which the collection and analysis of real world evidence regarding a device's safety and effectiveness is likely to advance public health. ``(ii) Devices and device types that are widely used. ``(iii) Devices and device types, the failure of which has significant health consequences. ``(iv) Devices and device types for which the Secretary has received public recommendations in accordance with paragraph (2)(B) and has determined to meet one of the criteria under clauses (i) through (iii) and is appropriate for a project under this subsection. ``(2) Participation.--The Secretary shall establish the conditions and processes for-- ``(A) authorizing voluntary participation of a manufacturer of a device in the pilot project described in paragraph (1); and ``(B) facilitating public recommendations for devices to be prioritized under the pilot project described in paragraph (1), including requirements for the data necessary to support such recommendation. ``(3) Implementation.--The Secretary may satisfy the requirements of paragraphs (1) and (2) by continuing or expanding existing projects, or by beginning new projects, that meet the criteria of subparagraphs (A) through (E) of paragraph (1) or by entering into contracts, cooperative agreements, grants, or other appropriate agreements with public or private entities that have a significant presence in the United States, and meet the following additional conditions: ``(A) If such public or private entities are a component of another organization, the entities have established appropriate security measures to maintain the confidentiality and privacy of the data described in paragraph (1)(D) and the entity shall not make an unauthorized disclosure of such data to the other components of the organization in breach of such confidentiality and privacy requirements. ``(B) In the case of the termination or nonrenewal of such contracts, cooperative agreements, grants, or other appropriate agreements, the entities shall comply with each of the following: ``(i) Continue to comply with the confidentiality and privacy requirements under this subsection with respect to all data disclosed to the entity. ``(ii) Return any data disclosed to such entity under this subsection to which it would not otherwise have access or, if returning the data is not practicable, destroy the data. ``(C) Have at least one of the following qualifications: ``(i) Research, statistical, epidemiologic, or clinical capability and expertise to conduct and complete the activities under this subsection, including the capability and expertise to provide the Secretary access to de-identified data consistent with the requirements of this subsection. ``(ii) An information technology infrastructure in place to support electronic data and operational standards to provide security for such data, as appropriate. ``(iii) Experience with, and expertise on, the development of device safety and effectiveness research and surveillance using electronic health data. ``(iv) Other expertise which the Secretary determines necessary to fulfill the activities under this subsection. ``(4) Review of contract in the event of a merger or acquisition.--The Secretary shall review a contract with a qualified entity under this subsection in the event of a merger or acquisition of the entity in order to ensure that the requirements under this subsection will continue to be met. ``(5) Report to congress.--Not later than 18 months after the date of enactment of this subsection, and annually thereafter, the Secretary 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 containing a description of the pilot projects being conducted pursuant to this subsection, including for each pilot project-- ``(A) how the project is being implemented in accordance with paragraph (3) and the contractor or grantee as applicable; ``(B) the number of manufacturers that have agreed to participate; ``(C) the data sources used; ``(D) the devices or device categories involved; and ``(E) the number of patients involved. ``(6) Compliance with requirements for records or reports on devices.--The participation of a manufacturer in a pilot project under this subsection shall not affect the eligibility of such manufacturer to participate in any quarterly reporting program implemented under this Act. The Secretary may determine that, for the specified time period to be determined by the Secretary, a manufacturer's participation in a pilot project under this subsection may meet certain other requirements of this section or section 522 if-- ``(A) the project has demonstrated success in capturing relevant adverse event information; and ``(B) the Secretary has established procedures for making adverse event and safety information collected from the pilot public, to the extent possible, if collected pursuant to this section or section 522. ``(7) Privacy requirements.--With respect to the pilot projects conducted pursuant to this subsection-- ``(A) individual identifiable health information shall not be disclosed when presenting any information from such project; and ``(B) such projects shall comply with section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note) and sections 552 and 552a of title 5, United States Code. ``(8) Other compliance.--Any pilot program undertaken in coordination with the comprehensive system described in paragraph (1)(C), including pilot projects under this subsection, that relates to the use of real world evidence for devices shall comply with paragraph (1)(B), the conditions listed in subparagraphs (A) and (B) of paragraph (3), and paragraphs (4), (5), (6), and (7). ``(9) Sunset.--This subsection shall cease to have force or effect on October 1, 2022.''. (b) Report.--Not later than January 31, 2021, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall conduct a review through an independent third party to evaluate the strengths, limitations, and appropriate use of evidence collected pursuant to real world evidence pilot projects described in the letters described in section 201(b) of the Medical Device User Fee Amendments of 2017 and subsection (i) of section 519 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i), as amended by subsection (a), for informing premarket and postmarket decisionmaking for multiple device types, and to determine whether the methods, systems, and programs in such pilot projects efficiently generate reliable and timely evidence about the effectiveness or safety surveillance of devices.

Medical Device Safety Monitoring Act This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to support pilot projects in order to provide timely and reliable information on the safety and effectiveness of marketed medical devices. The projects must: (1) be designed to generate safety and active surveillance data, (2) inform support for safety and active surveillance activities, (3) be coordinated with a system for evaluating medical device technology that operates under a board with representation from consumer groups and device manufacturers, and (4) use electronic health data. The FDA may determine that a manufacturer's participation in a pilot project satisfies requirements regarding reporting or postmarket surveillance if the project captures adverse event information and the FDA has established procedures to publish safety information from the project. Not later than January 31, 2021, the FDA must evaluate real world evidence pilot projects, such as the ones supported by this bill, for their ability to inform decision-making and efficiently generate evidence about the safety or effectiveness of medical devices.

Medical Device Safety Monitoring Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global AIDS Research and Relief Act of 2001''. SEC. 2. DEFINITIONS. In this Act: (1) AIDS.--The term ``AIDS'' means the acquired immune deficiency syndrome. (2) Association.--The term ``Association'' means the International Development Association. (3) Bank.--The term ``Bank'' or ``World Bank'' means the International Bank for Reconstruction and Development. (4) HIV.--The term ``HIV'' means the human immunodeficiency virus, the pathogen, which causes AIDS. (5) HIV/AIDS.--The term ``HIV/AIDS'' means, with respect to an individual, an individual who is infected with HIV or living with AIDS. SEC. 3. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) According to the Surgeon General of the United States, the epidemic of human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS) will soon become the worst epidemic of infectious disease in recorded history, eclipsing both the bubonic plague of the 1300s and the influenza epidemic of 1918-1919 which killed more than 20,000,000 people worldwide. (2) According to the Joint United Nations Programme on HIV/ AIDS (UNAIDS), more than 36,100,000 people in the world today are living with HIV/AIDS, of which approximately 95 percent live in the developing world. (3) UNAIDS data shows that among children age 15 and under worldwide, more than 4,300,000 have died from AIDS, more than 1,400,000 are living with the disease; and in 1 year alone-- 2000--an estimated 600,000 became infected, of which over 90 percent were babies born to HIV-positive women. (4) Although sub-Saharan Africa has only 10 percent of the world's population, it is home to more than 25,300,000--roughly 70 percent--of the world's HIV/AIDS cases. (5) Worldwide, there have already been an estimated 21,800,000 deaths because of HIV/AIDS, of which more than 80 percent occurred in sub-Saharan Africa. (6) According to UNAIDS, by the end of 1999, 13,200,000 children have lost at least one parent to AIDS, including 12,100,000 children in sub-Saharan Africa, and are thus considered AIDS orphans. (7) At current infection and growth rates for HIV/AIDS, the National Intelligence Council estimates that the number of AIDS orphans worldwide will increase dramatically, potentially increasing threefold or more in the next 10 years, contributing to economic decay, social fragmentation, and political destabilization in already volatile and strained societies. Children without care or hope are often drawn into prostitution, crime, substance abuse, or child soldiery. (8) The discovery of a relatively simple and inexpensive means of interrupting the transmission of HIV from an infected mother to the unborn child--namely with nevirapine (NVP), which costs $4 a tablet--has created a great opportunity for an unprecedented partnership between the United States Government and the governments of Asian, African, and Latin American countries to reduce mother-to-child transmission (also known as ``vertical transmission'') of HIV. (9) According to UNAIDS, if implemented this strategy will decrease the proportion of orphans that are HIV-infected and decrease infant and child mortality rates in these developing regions. (10) A mother-to-child antiretroviral drug strategy can be a force for social change, providing the opportunity and impetus needed to address often longstanding problems of inadequate services and the profound stigma associated with HIV-infection and the AIDS disease. Strengthening the health infrastructure to improve mother-and-child health, antenatal, delivery, and postnatal services, and couples counseling generates enormous spillover effects toward combating the AIDS epidemic in developing regions. (11) A January 2000 United States National Intelligence Estimate (NIE) report on the global infectious disease threat concluded that the economic costs of infectious diseases-- especially HIV/AIDS--are already significant and could reduce GDP by as much as 20 percent or more by 2010 in some sub- Saharan African nations. (12) The HIV/AIDS epidemic is of increasing concern in other regions of the world, with UNAIDS estimating that there are more than 5,800,000 cases in South and Southeast Asia, that the rate of HIV infection in the Caribbean is second only to sub-Saharan Africa, and that HIV infections have doubled in just 2 years in the former Soviet Union. (13) Russia is the new ``hot spot'' for the pandemic and more Russians are expected to be diagnosed with HIV/AIDS by the end of 2001 than all cases from previous years combined. (14) Despite the discouraging statistics on the spread of HIV/AIDS, some developing nations-- such as Uganda, Senegal, and Thailand--have implemented prevention programs that have substantially curbed the rate of HIV infection. (15) Accordingly, United States financial support for medical research, education, and disease containment as a global strategy has beneficial ramifications for millions of Americans and their families who are affected by this disease, and the entire population, which is potentially susceptible. (b) Purposes.--The purposes of this Act are to-- (1) help prevent human suffering through the prevention, diagnosis, and treatment of HIV/AIDS; and (2) help ensure the viability of economic development, stability, and national security in the developing world by advancing research to-- (A) understand the causes associated with HIV/AIDS in developing countries; and (B) assist in the development of an AIDS vaccine. SEC. 4. ADDITIONAL ASSISTANCE AUTHORITIES TO COMBAT HIV AND AIDS. Paragraphs (4) through (6) of section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)) are amended to read as follows: ``(4)(A) Congress recognizes the growing international dilemma of children with the human immunodeficiency virus (HIV) and the merits of intervention programs aimed at this problem. Congress further recognizes that mother-to-child transmission prevention strategies can serve as a major force for change in developing regions, and it is, therefore, a major objective of the foreign assistance program to control the acquired immune deficiency syndrome (AIDS) epidemic. ``(B) The agency primarily responsible for administering this part shall-- ``(i) coordinate with UNAIDS, UNICEF, WHO, national and local governments, other organizations, and other Federal agencies to develop and implement effective strategies to prevent vertical transmission of HIV; and ``(ii) coordinate with those organizations to increase intervention programs and introduce voluntary counseling and testing, antiretroviral drugs, replacement feeding, and other strategies. ``(5)(A) Congress expects the agency primarily responsible for administering this part to make the human immunodeficiency virus (HIV) and the acquired immune deficiency syndrome (AIDS) a priority in the foreign assistance program and to undertake a comprehensive, coordinated effort to combat HIV and AIDS. ``(B) Assistance described in subparagraph (A) shall include help providing-- ``(i) primary prevention and education; ``(ii) voluntary testing and counseling; ``(iii) medications to prevent the transmission of HIV from mother to child; ``(iv) programs to strengthen and broaden health care systems infrastructure and the capacity of health care systems in developing countries to deliver HIV/ AIDS pharmaceuticals, prevention, and treatment to those afflicted with HIV/AIDS; and ``(v) care for those living with HIV or AIDS. ``(6)(A) In addition to amounts otherwise available for such purpose, there is authorized to be appropriated to the President $600,000,000 for each of the fiscal years 2002 and 2003 to carry out paragraphs (4) and (5). ``(B) Of the funds authorized to be appropriated under subparagraph (A), not less than 65 percent is authorized to be available through United States and foreign nongovernmental organizations, including private and voluntary organizations, for-profit organizations, religious affiliated organizations, educational institutions, and research facilities. ``(C)(i) Of the funds authorized to be appropriated by subparagraph (A), priority should be given to programs that address the support and education of orphans in sub-Saharan Africa, including AIDS orphans and prevention strategies for vertical transmission referred to in paragraph (4)(A). ``(ii) Assistance made available under this subsection, and assistance made available under chapter 4 of part II to carry out the purposes of this subsection, may be made available notwithstanding any other provision of law that restricts assistance to foreign countries. ``(D) Of the funds authorized to be appropriated by subparagraph (A), not more than 7 percent may be used for the administrative expenses of the agency primarily responsible for carrying out this part of this Act in support of activities described in paragraphs (4) and (5). ``(E) Funds appropriated under this paragraph are authorized to remain available until expended.''.

Global AIDS Research and Relief Act of 2001 - Amends the Foreign Assistance Act of 1961 to revise requirements for assistance for health programs in developing countries to require the agency primarily responsible for administering this Act to coordinate with specified organizations, including other Federal agencies, to develop and implement effective strategies to prevent vertical transmission of human immunodeficiency virus (HIV) and to increase intervention programs and introduce voluntary counseling and testing, antiretroviral drugs, replacement feeding, and other strategies. Urges such agency to: (1) make HIV and the acquired immune deficiency syndrome (AIDS) a priority in the foreign assistance program for developing foreign countries; and (2) undertake a comprehensive, coordinated effort to combat HIV and AIDS, including providing programs to strengthen and broaden health care systems infrastructure and capacity to deliver HIV/AIDS pharmaceuticals, prevention, and treatment to those afflicted with HIV/AIDS.Authorizes appropriations. Urges that priority be given to programs that address the support and education of orphans in sub-Saharan Africa, including AIDS orphans, and prevention strategies for vertical transmission of HIV.

A bill to amend the Foreign Assistance Act of 1961 to increase the authorization of appropriations for fiscal year 2002, and to authorize appropriations for fiscal year 2003, to combat HIV and AIDS, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Consumer Protection Act of 1995''. SEC. 2. NOTIFICATION OF COVERAGE PROVIDED BY THE INSURER. (a) Notification to Current Enrollees.--An insurer providing health insurance coverage under a health plan shall provide annual notice to each current enrollee under such plan regarding the extent of the coverage of the plan. Such notice shall be in writing and shall include a copy of the contract between the insurer and enrollee, in addition to information regarding the terms and conditions of the policy and the rights and obligations of the parties including-- (1) covered and excluded services, equipment, and devices; (2) copayments, deductibles, and premiums; (3) enrollee satisfaction statistics; (4) financial responsibility of the enrollee; (5) utilization review requirements; (6) a list of the usual, customary, and reasonable costs for procedures, tests, and examinations; (7) physician credentialing standards; and (8) the percentage of total annual premiums used to reimburse practitioners for health care provided to enrollees and the percentage used for administration and other costs incurred in administering the plan. (b) Notification to Potential Enrollees.--An insurer providing health insurance coverage under a health plan shall, upon request, provide notice to each potential enrollee under such plan regarding the extent of the coverage of the plan. Such notice shall be in writing and shall include a copy of the potential contract between the insurer and potential enrollee, in addition to information regarding the terms and conditions of the policy and the rights and obligations of the parties information including the items listed in paragraphs (1) through (8) of subsection (a). (c) Regulations for Failure To Provide Notification.--The Secretary of Health and Human Services shall promulgate regulations to ensure that an insurer providing health insurance coverage under a health plan provide notification to current and potential enrollees as described in subsections (a) and (b). SEC. 3. DETERMINATION OF MEDICALLY NECESSARY AND APPROPRIATE TREATMENT. (a) In General.--Under a health plan, the determination of what is medically necessary and appropriate for the health of a patient may be made only by a health care practitioner who is-- (1) licensed and practicing within the scope of the State practice act of the State in which the practitioner practices; and (2) directly involved in the care of such patient. (b) Insurance Coverage.--An insurer must pay for a service determined, as described in subsection (a), to be medically necessary and appropriate if the service is covered by the health plan. (c) Regulations To Deter Rewards, Penalties or Inducements.--The Secretary of Health and Human Services shall promulgate regulations to ensure that an insurer not offer monetary rewards, penalties, or inducements to a licensed health care practitioner, or condition the continued participation of a licensed health care practitioner in a plan on the basis of the health care practitioner's decisions to limit the availability of appropriate medical tests, services, or treatments. SEC. 4. ENFORCEMENT AND PENALTIES. (a) Penalties.-- Any entity that offers a health plan that violates the provisions of this Act shall be subject to a civil money penalty in an amount to be determined by the Secretary of Health and Human Services. (b) Process.--The provisions of section 1128A of the Social Security Act (42 U.S.C. 1320a-7a) (other than subsections (a) and (b)) shall apply to civil money penalties under this section in the same manner as they apply to a penalty or proceeding under section 1128A(a) of such Act. SEC. 5. PROHIBITION OF HOLD HARMLESS PROVISIONS. An insurer may not include provisions in a health plan to hold itself harmless for any liability. SEC. 6. PREEMPTION. A State may not establish or enforce standards for insurers or health insurance coverage with respect to the subject matter of this Act that are weaker than the standards established under this Act. SEC. 7. DEFINITIONS.-- For purposes of this Act: (1) Insurer.--The term ``insurer'' means an insurance company, insurance service, or insurance organization licensed to engage in the business of insurance in a State, and a health maintenance organization. (2) Health care practitioner.--The term ``health care practitioner'' has the meaning provided by section 11151 of title 42, United States Code. (3) Health insurance coverage.--The term ``health insurance coverage'' means any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization contract offered by an insurer. (4) Health plan.--The term ``health plan'' means a plan that provides health insurance coverage. (5) State.--The term ``State'' means any State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, and Guam. SEC. 8. EFFECTIVE DATE. The provisions of this Act shall apply to all health plans offered, sold, issued, or renewed after the date of the enactment of this Act.

Health Care Consumer Protection Act of 1995 - Requires health insurers to provide notice regarding the extent of plan coverage to enrollees annually and to potential enrollees on request. Requires that, under a health plan, the determination of what is medically necessary and appropriate for a patient be made only by a health care practitioner directly involved in the patient's care. Requires an insurer to pay for a service that is so determined if the service is covered by the plan. Mandates regulations to ensure against insurers offering monetary rewards, penalties, or inducements to a practitioner, or conditioning continued practitioner participation in the plan, on the basis of the practitioner's decisions to limit the availability of appropriate tests, services, or treatments. Imposes a civil monetary penalty for violations of this Act. Prohibits insurers from including provisions in a plan to hold itself harmless for liability. Prohibits States from establishing or enforcing standards weaker than those of this Act.

Health Care Consumer Protection Act of 1995

SECTION 1. DEDUCTION FOR POSTSECONDARY EDUCATION EXPENSES. (a) Deduction Allowed.--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 220 as section 221 and by inserting after section 219 the following new section: ``SEC. 220. POSTSECONDARY EDUCATION EXPENSES. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction an amount equal to the qualified postsecondary education expenses paid by the taxpayer during the taxable year. ``(b) Dollar Limitations.-- ``(1) Per student.--The aggregate payments during the taxable year for the qualified postsecondary education expenses of each individual which may be taken into account under subsection (a) shall not exceed $10,000. ``(2) Per taxpayer.--The amount allowed as a deduction under subsection (a) for the taxable year shall not exceed $20,000. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified postsecondary education expenses.--The term `qualified postsecondary education expenses' means qualified tuition and related expenses of-- ``(A) the taxpayer, or ``(B) an individual who is the spouse, or a dependent, of the taxpayer for the taxable year in which such expenses are incurred, for attendance at an eligible educational institution. ``(2) Qualified tuition and related expenses.--The term `qualified tuition and related expenses' means-- ``(A) tuition and fees required for enrollment or attendance at an eligible educational institution, ``(B) fees, books, supplies, and equipment required for courses of instruction at such an institution, and ``(C) reasonable living expenses while away from home. Such term shall not include expenses which are treated as not described in section 135(c)(2)(A) by reason of section 135(c)(2)(B). ``(3) Eligible educational institution.--The term `eligible educational institution' has the meaning given to such term by section 135(c)(3). ``(d) Coordination With Other Provisions.-- ``(1) No double benefit.-- ``(A) In general.--No deduction shall be allowed under subsection (a) for qualified postsecondary education expenses with respect to which a deduction is allowed under any other provision of this chapter. ``(B) Savings bond exclusion.--A deduction shall be allowed under subsection (a) for qualified postsecondary education expenses only to the extent the amount of such expenses exceeds the amount excludable under section 135 for the taxable year. ``(e) Special Rules.-- ``(1) Adjustment for certain scholarships and veterans benefits.--The amounts otherwise taken into account under subsection (a) as qualified postsecondary education expenses of any individual during any period shall be reduced (before the application of subsection (b)) by any amounts received by such individual during such period as-- ``(A) a qualified scholarship (within the meaning of section 117(b)) which under section 117 is not includible in gross income, or ``(B) an educational assistance allowance under chapters 30, 31, 32, 34, or 35 of title 38 of the United States Code. ``(2) Eligible courses.--Amounts paid for qualified postsecondary education expenses of any individual shall be taken into account under subsection (a) only to the extent such expenses are attributable to courses of instruction for which credit is allowed toward a degree by an institution of higher education or toward a certificate of required course work at a vocational school. ``(3) Individual must be at least a half-time student.--No deduction shall be allowed under subsection (a) for amounts paid during the taxable year for qualified postsecondary education expenses with respect to any individual unless that individual, during any 4 calendar months during the calendar year in which the taxable year of the taxpayer begins, is at least a half-time student at an eligible education institution. ``(4) Taxpayer who is dependent of another taxpayer.--No deduction shall be allowed to a taxpayer under subsection (a) for amount paid for the education of such taxpayer if such taxpayer is a dependent of another person for a taxable year beginning in the calendar year in which the taxable year of the taxpayer begins. ``(5) Spouse.--No deduction shall be allowed under subsection (a) for amounts paid during the taxable year for qualified postsecondary education expenses for the spouse of the taxpayer unless-- ``(A) the taxpayer is entitled to an exemption for his spouse under section 151(b) for the taxable year, or ``(B) the taxpayer files a joint return with his spouse for the taxable year.'' (b) Deduction Allowed in Computing Adjusted Gross Income.--Section 62(a) of such Code is amended by inserting after paragraph (15) the following new paragraph: ``(16) Postsecondary education expenses.--The deduction allowed by section 220.'' (c) 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 220 and inserting: ``Sec. 220. Postsecondary education expenses. ``Sec. 221. Cross reference.'' (d) Effective Dates.--The amendments made by this section shall apply to taxable years beginning after December 31, 1994.

Amends the Internal Revenue Code to allow an income tax deduction for qualified postsecondary education expenses of the taxpayer or the taxpayer's spouse or dependent.

To amend the Internal Revenue Code of 1986 to allow a deduction for the payment of postsecondary education expenses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Tax Certainty and Growth Act of 2013''. SEC. 2. SENSE OF THE SENATE REGARDING TAX REFORM. It is the sense of the Senate that Congress should undertake comprehensive tax reform legislation to-- (1) make our system fairer and simpler; and (2) promote economic growth. SEC. 3. PERMANENT DOUBLING OF DEDUCTIONS FOR START-UP EXPENSES, ORGANIZATIONAL EXPENSES, AND SYNDICATION FEES. (a) Start-Up Expenses.-- (1) In general.--Clause (ii) of section 195(b)(1)(A) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``$5,000'' and inserting ``$10,000'', and (B) by striking ``$50,000'' and inserting ``$60,000''. (2) Conforming amendment.--Subsection (b) of section 195 of the Internal Revenue Code of 1986 is amended by striking paragraph (3). (b) Organizational Expenses.--Subparagraph (B) of section 248 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``$5,000'' and inserting ``$10,000'', and (2) by striking ``$50,000'' and inserting ``$60,000''. (c) Organization and Syndication Fees.--Clause (ii) of section 709(b)(1)(A) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``$5,000'' and inserting ``$10,000'', and (2) by striking ``$50,000'' and inserting ``$60,000''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years ending on or after the date of the enactment of this Act. SEC. 4. CLARIFICATION OF CASH ACCOUNTING RULES FOR SMALL BUSINESS. (a) Cash Accounting Permitted.-- (1) In general.--Section 446 of the Internal Revenue Code of 1986 (relating to general rule for methods of accounting) is amended by adding at the end the following new subsection: ``(g) Certain Small Business Taxpayers Permitted To Use Cash Accounting Method Without Limitation.-- ``(1) In general.--An eligible taxpayer shall not be required to use an accrual method of accounting for any taxable year. ``(2) Eligible taxpayer.--For purposes of this subsection, a taxpayer is an eligible taxpayer with respect to any taxable year if-- ``(A) for all prior taxable years beginning after December 31, 2013, the taxpayer (or any predecessor) met the gross receipts test of section 448(c), and ``(B) the taxpayer is not subject to section 447 or 448.''. (2) Expansion of gross receipts test.-- (A) In general.--Paragraph (3) of section 448(b) of such Code (relating to entities with gross receipts of not more than $5,000,000) is amended by striking ``$5,000,000'' in the text and in the heading and inserting ``$10,000,000''. (B) Conforming amendments.--Section 448(c) of such Code is amended-- (i) by striking ``$5,000,000'' each place it appears in the text and in the heading of paragraph (1) and inserting ``$10,000,000'', and (ii) by adding at the end the following new paragraph: ``(4) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2014, the dollar amount contained in subsection (b)(3) and paragraph (1) of this subsection shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2013' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under this subparagraph is not a multiple of $100,000, such amount shall be rounded to the nearest multiple of $100,000.''. (b) Clarification of Inventory Rules for Small Business.-- (1) In general.--Section 471 of the Internal Revenue Code of 1986 (relating to general rule for inventories) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Small Business Taxpayers Not Required To Use Inventories.-- ``(1) In general.--A qualified taxpayer shall not be required to use inventories under this section for a taxable year. ``(2) Treatment of taxpayers not using inventories.--If a qualified taxpayer does not use inventories with respect to any property for any taxable year beginning after December 31, 2013, such property shall be treated as a material or supply which is not incidental. ``(3) Qualified taxpayer.--For purposes of this subsection, the term `qualified taxpayer' means-- ``(A) any eligible taxpayer (as defined in section 446(g)(2)), and ``(B) any taxpayer described in section 448(b)(3).''. (2) Increased eligibility for simplified dollar-value lifo method.--Section 474(c) is amended by striking ``$5,000,000'' and inserting ``the dollar amount in effect under section 448(c)(1)''. (c) Effective Date and Special Rules.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013. (2) Change in method of accounting.--In the case of any taxpayer changing the taxpayer's method of accounting for any taxable year under the amendments made by this section-- (A) such change shall be treated as initiated by the taxpayer; (B) such change shall be treated as made with the consent of the Secretary of the Treasury; and (C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account over a period (not greater than 4 taxable years) beginning with such taxable year. SEC. 5. PERMANENT EXTENSION OF EXPENSING LIMITATION. (a) Dollar Limitation.--Section 179(b)(1) of the Internal Revenue Code of 1986 is amended by striking ``shall not exceed'' and all that follows and inserting ``shall not exceed $250,000.''. (b) Reduction in Limitation.--Section 179(b)(2) of such Code is amended by striking ``exceeds'' and all that follows and inserting ``exceeds $800,000.''. (c) Inflation Adjustment.--Subsection (b) of section 179 of such Code is amended by adding at the end the following new paragraph: ``(6) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2014, the $250,000 in paragraph (1) and the $800,000 amount in paragraph (2) shall each be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2013' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.-- ``(i) Dollar limitation.--If the amount in paragraph (1) as increased under subparagraph (A) is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000. ``(ii) Phaseout amount.--If the amount in paragraph (2) as increased under subparagraph (A) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (d) Computer Software.--Section 179(d)(1)(A)(ii) of such Code is amended by striking ``and before 2014''. (e) Election.--Section 179(c)(2) of such Code is amended by striking ``and before 2014''. (f) Special Rules for Treatment of Qualified Real Property.-- (1) In general.--Section 179(f)(1) of such Code is amended by striking ``beginning in 2010, 2011, 2012, or 2013'' and inserting ``beginning after 2009''. (2) Conforming amendment.--Section 179(f) of such Code is amended by striking paragraph (4). (g) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013. SEC. 6. EXTENSION OF BONUS DEPRECIATION. (a) In General.--Paragraph (2) of section 168(k) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``January 1, 2015'' in subparagraph (A)(iv) and inserting ``January 1, 2016'', and (2) by striking ``January 1, 2014'' each place it appears and inserting ``January 1, 2015''. (b) Special Rule for Federal Long-Term Contracts.--Clause (ii) of section 460(c)(6)(B) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2014 (January 1, 2015'' and inserting ``January 1, 2015 (January 1, 2016''. (c) Conforming Amendments.-- (1) The heading for subsection (k) of section 168 of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2014'' and inserting ``January 1, 2015''. (2) The heading for clause (ii) of section 168(k)(2)(B) of such Code is amended by striking ``Pre-january 1, 2014'' and inserting ``Pre-january 1, 2015''. (3) Section 168(k)(4)(D) is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting a comma, and by adding at the end the following new clauses: ``(iv) `January 1, 2015' shall be substituted for `January 1, 2016' in subparagraph (A)(iv) thereof, and ``(v) `January 1, 2014' shall be substituted for `January 1, 2015' each place it appears in subparagraph (A) thereof.''. (4) Section 168(l)(4) of such Code is amended by striking ``and'' at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: ``(B) by substituting `January 1, 2014' for `January 1, 2015' in clause (i) thereof, and''. (5) Subparagraph (C) of section 168(n)(2) of such Code is amended by striking ``January 1, 2014'' and inserting ``January 1, 2015''. (6) Subparagraph (D) of section 1400L(b)(2) of such Code is amended by striking ``January 1, 2014'' and inserting ``January 1, 2015''. (7) Subparagraph (B) of section 1400N(d)(3) of such Code is amended by striking ``January 1, 2014'' and inserting ``January 1, 2015''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2013, in taxable years ending after such date. SEC. 7. EXTENSION OF 15-YEAR STRAIGHT-LINE COST RECOVERY FOR QUALIFIED LEASEHOLD IMPROVEMENTS, QUALIFIED RESTAURANT BUILDINGS AND IMPROVEMENTS, AND QUALIFIED RETAIL IMPROVEMENTS. (a) In General.--Clauses (iv), (v), and (ix) of section 168(e)(3)(E) of the Internal Revenue Code of 1986 are each amended by striking ``January 1, 2014'' and inserting ``January 1, 2015''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2013.

Small Business Tax Certainty and Growth Act of 2013 - Expresses the sense of the Senate that Congress should undertake comprehensive tax reform to make the tax system fairer and simpler and to promote economic growth. Amends the Internal Revenue Code to: (1) make permanent the increased tax deductions for business start-up expenditures, organizational expenditures, and organization and syndication fees; (2) allow the cash accounting method for businesses whose gross receipts do not exceed $10 million (currently, $5 million); (3) exempt businesses whose gross receipts do not exceed $10 million from the requirement to use inventories; (4) make permanent the $250,000 allowance for expensing business assets, including computer software; (5) extend for one year the additional depreciation allowance for business assets; and (6) extend through 2014 the 15-year straight-line depreciation allowance for qualified leasehold, restaurant, and retail improvements.

Small Business Tax Certainty and Growth Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Copper Valley Native Allotment Resolution Act of 2007''. SEC. 2. DEFINITIONS. In this Act: (1) Association.--The term ``Association'' means the Copper Valley Electric Association. (2) Native allotment.-- (A) In general.--The term ``Native allotment'' means-- (i) each of the following allotments issued under the Act of May 17, 1906 (34 Stat. 197, chapter 2469): (I) A-031653. (II) A-043380. (III) A-046337. (IV) AA-5896. (V) AA-6014, Parcel B. (VI) AA-6034. (VII) AA-7059. (VIII) AA-7242, Parcel B. (IX) AA-7336. (X) AA-7552. (XI) AA-7553. (XII) AA-7554. (XIII) AA-7600. (XIV) AA-8032; and (ii) any allotment for which a patent or Certificate of Allotment has been issued under the Act of May 17, 1906 (34 Stat. 197, chapter 2469) across which the Association maintains an electric transmission line on the date of enactment of this Act. (B) Exclusions.--The term ``Native allotment'' does not include any allotment to which the Secretary has approved the grant of a right of way or issued a patent or Certificate of Allotment that is subject to a right of way held by the Association. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of Alaska. SEC. 3. ELECTRIC TRANSMISSION LINE RIGHTS-OF-WAY. (a) In General.--There is granted to the Association rights-of-way across the Native allotments for an electric transmission line owned by the Association. (b) Width.--After considering any information provided by the Association, allottee, or any other source that the Secretary determines to be relevant, the Secretary shall determine an accurate legal description of the rights-of-way, the nature of the rights granted, and the widths of the rights-of-way granted by subsection (a). (c) Certain Agreements.--Notwithstanding any other provision of this Act, this Act does not apply to land owned by Ahtna, Inc. and any prior or current right-of-way agreements that may exist between Ahtna, Inc. and the Copper Valley Electric Association or the State. (d) Compensation.-- (1) In general.--The Secretary shall-- (A) appraise the value of the rights-of-way granted under subsection (a); (B) pay to any owner of a Native allotment or, if the owner is deceased, an heir or assign of the owner, compensation for the grant of a right-of-way over the Native allotment in an amount determined under paragraph (2); (C) issue recordable instruments that indicate the location of the rights-of-way over the Native allotments; (D) provide written notice of the compensation procedure for the rights-of-way to-- (i) the owner of record for each Native allotment; or (ii) if the owner of record is deceased, the heir or assign of the owner of record; and (E) publish in the Federal Register and any newspaper of general circulation within the service area of the Association and location of the relevant allotment-- (i) notice of the compensation procedure established by this subsection; and (ii) with respect to a Native allotment described in section 2(2)(A)(ii), the location of the right-of-way, as prepared by the Association and provided to the Secretary, in accordance with any requirements established by the Secretary. (2) Calculation of payments.-- (A) In general.--For purposes of calculating the amount of compensation required under paragraph (1)(B), the Secretary shall determine, with respect to a portion of a Native allotment encumbered by a right-of- way-- (i) compensation for each right-of-way based on an appraisal conducted in conformity with the version of the Uniform Appraisal Standards for Federal Land Acquisitions that is correct as of the date of the compensation proceeding; and (ii) interest calculated based on the section 3116 of title 40, United States Code. (B) Date of valuation.--For purposes of subparagraph (A), the date of valuation of the acquisition by the Association of each right-of-way shall be considered to be the date of enactment of this Act. (3) Judicial review.--Notwithstanding any other provision of law, judicial review under this subsection shall be limited to a review of the determination of the Secretary under paragraph (2) regarding the compensation for a right-of-way over a Native allotment. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. Passed the House of Representatives April 17, 2007. Attest: LORRAINE C. MILLER, Clerk.

Copper Valley Native Allotment Resolution Act of 2007 - Grants rights-of-way across specified Native allotments to the Copper Valley Electric Association for an electric transmission line. Declares this Act inapplicable to land owned by Ahtna, Inc. and any prior or current right-of-way agreements that may exist between Ahtna, Inc. and the Copper Valley Electric Association or Alaska. Prescribes compensation procedures. Authorizes appropriations.

To grant rights-of-way for electric transmission lines over certain Native allotments in the State of Alaska.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investing in Neighborhood-focused, Vital, Evidence-based Strategies and Trust to Prevent Crime Act of 2016'' or the ``INVEST to Prevent Crime Act''. SEC. 2. DEMONSTRATION GRANT PROGRAM. (a) In General.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: ``PART MM--DEMONSTRATION GRANT PROGRAM ``SEC. 3031. DEFINITIONS. ``In this part-- ``(1) the term `crime hot spot' means a defined geographic area within a target neighborhood where, for not less than 1 year, the occurrence of crime is so frequent that it is highly predictable; ``(2) the term `eligible entity' means a State, unit of local government, Indian tribe, tribal organization, non-profit organization, or institution of higher education that is a member of a community consortium, which includes not less than 1 partner law enforcement agency, that is committed to working with law enforcement agencies, community leaders, and research partners to develop an evidence-based or research-based, cross- sector strategy to revitalize a target neighborhood facing significant crime challenges; ``(3) the term `evidence-based practice' means a program, strategy, or procedure that has been demonstrated as effective by causal evidence, obtained through one or more outcome evaluations; ``(4) the terms `Indian tribe' and `tribal organization' have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); ``(5) the term `institution of higher education' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); ``(6) the term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands; ``(7) the term `target neighborhood' means a defined geographic area that is the focus of a project funded by a grant awarded under this part; and ``(8) the term `unit of local government' means a county, municipality, city, town, township, village, parish, borough, or other unit of general government below the State level. ``SEC. 3032. PROGRAM AUTHORIZED. ``(a) In General.--The Attorney General may-- ``(1) make grants to eligible entities to prepare a comprehensive plan for and implement enhancement of the capacity of local and tribal communities to effectively target and address significant crime issues through collaborative cross-sector approaches; and ``(2) provide training and technical assistance to eligible entities that receive grants under this part. ``(b) Project Goals.--Projects funded under this section shall-- ``(1) identify a target neighborhood facing significant crime challenges; ``(2) use evidence-based practices or research-based practices; ``(3) encourage active involvement and leadership from neighborhood residents, business owners, organizations, and others who live, work, or conduct business in the target neighborhood; and ``(4) build cross-sector partnerships to address crime problems from multiple perspectives. ``(c) Applications.-- ``(1) In general.--To receive a planning grant or an implementation grant under this section, an eligible entity shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. ``(2) Combined application.--The Attorney General may develop a procedure under which an eligible entity may apply at the same time and in a single application for a planning grant and an implementation grant under this section, with receipt of the implementation grant conditioned on the successful completion of the activities funded by the planning grant. ``(3) Research partner.-- ``(A) In general.--An applicant for a grant under this section shall identify a research partner, such as an institution of higher education, research center, or State or local agency, to-- ``(i) conduct a detailed crime analysis during the planning period described in subsection (d)(1)(A); and ``(ii) assist the grant recipient to select the most appropriate evidence-based practices or research-based practices to apply based on the research findings. ``(B) Continued assistance.--A research partner described in subparagraph (A) shall remain engaged throughout the duration of the grant by continuing to provide and analyze data to help inform project implementation. ``(d) Duration of Grants.-- ``(1) In general.--Except as provided in paragraph (2)-- ``(A) a planning grant awarded under this section shall be used by the recipient for a period not to exceed 12 months; and ``(B) an implementation grant awarded under this section shall be used by the recipient for a period not to exceed 36 months. ``(2) Extension of planning or implementation.--Upon request of a grant recipient, the Attorney General may allow the grant recipient to extend the planning period described in paragraph (1)(A) or the implementation period described in paragraph (1)(B) for a reasonable length of time, as determined by the Attorney General. ``(3) Limitation on additional funds.--If the Attorney General allows an extension under paragraph (2), the Attorney General may not award additional grant funds. ``(e) Planning Grants.--A grant awarded for the planning phase of a project may be used to-- ``(1) identify, verify, and prioritize crime hot spots within the target neighborhood; ``(2) build community partnerships and facilitate leadership to ensure residents are active participants in the strategy to address crime in the community; ``(3) collaborate with local law enforcement agencies, research partners, and the community to analyze the drivers of crime and assess the needs of the community and the available resources to meet those needs; and ``(4) work with community consortium partners to develop a comprehensive cross-sector strategic plan to reduce crime in the target neighborhood that is based on the findings made under paragraph (3). ``(f) Implementation Grants.--Funds awarded for the implementation phase of a project may be used to-- ``(1) convene regular meetings of cross-sector partners and the project management team; ``(2) continue work with research partners to assess project implementation; ``(3) modify strategies developed during project planning as appropriate; ``(4) support personnel and program costs to implement strategies developed during project planning; ``(5) pursue community engagement and leadership development; and ``(6) identify and develop a long-term sustainable strategy to continue to achieve the project's goals after the conclusion of the implementation period. ``SEC. 3033. REPORT TO CONGRESS. ``At the end of the first grant year, and each year thereafter, the Attorney General 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 provides an overall assessment of the outcomes-- ``(1) achieved by the demonstration projects funded under this part; and ``(2) achieved by any demonstration projects that-- ``(A) received funding under the Byrne Criminal Justice Innovation program of the Department of Justice during fiscal years 2013 through 2016; and ``(B) were carried out during the grant year to which the report pertains. ``SEC. 3034. GRANT ACCOUNTABILITY. ``(a) Accountability.--All grants awarded by the Attorney General under this part shall be subject to the following accountability provisions: ``(1) Audit requirement.-- ``(A) Definition.--In this paragraph, the term `unresolved audit finding' means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued. ``(B) Audits.--Beginning in the first fiscal year beginning after the date of enactment of this subsection, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this part to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. ``(C) Mandatory exclusion.--A recipient of grant funds under this part that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this part during the first 2 fiscal years beginning after the end of the 12-month period described in subparagraph (A). ``(D) Priority.--In awarding grants under this part, the Attorney General shall give priority to eligible applicants that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this part. ``(E) Reimbursement.--If an entity is awarded grant funds under this part during the 2-fiscal-year period during which the entity is barred from receiving grants under subparagraph (C), the Attorney General shall-- ``(i) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and ``(ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. ``(2) Nonprofit organization requirements.-- ``(A) Definition.--For purposes of this paragraph and the grant programs under this part, the term `nonprofit organization' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. ``(B) Prohibition.--The Attorney General may not award a grant under this part to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986. ``(C) Disclosure.--Each nonprofit organization that is awarded a grant under this part and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees, and key employees, shall disclose to the Attorney General, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Attorney General shall make the information disclosed under this subparagraph available for public inspection. ``(3) Conference expenditures.-- ``(A) Limitation.--No amounts made available to the Department of Justice under this part may be used by the Attorney General, or by any individual or entity awarded discretionary funds through a cooperative agreement under this part, to host or support any expenditure for conferences that uses more than $20,000 in funds made available by the Department of Justice, unless the head of the relevant agency or department, provides prior written authorization that the funds may be expended to host the conference. ``(B) Written approval.--Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food, beverages, audio-visual equipment, honoraria for speakers, and entertainment. ``(C) Report.--The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all conference expenditures approved under this paragraph. ``(4) Annual certification.--Beginning in the first fiscal year beginning after the date of enactment of this subsection, the Attorney General shall submit, to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, an annual certification-- ``(A) indicating whether-- ``(i) all audits issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director; ``(ii) all mandatory exclusions required under paragraph (1)(C) have been issued; and ``(iii) all reimbursements required under paragraph (1)(E) have been made; and ``(B) that includes a list of any grant recipients excluded under paragraph (1) from the previous year. ``(b) Preventing Duplicative Grants.-- ``(1) In general.--Before the Attorney General awards a grant to an applicant under this part, the Attorney General shall compare potential grant awards with other grants awarded under this part to determine if duplicate grant awards are awarded for the same purpose. ``(2) Report.--If the Attorney General awards duplicate grants to the same applicant for the same purpose the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes-- ``(A) a list of all duplicate grants awarded, including the total dollar amount of any duplicate grants awarded; and ``(B) the reason the Attorney General awarded the duplicate grants.''. (b) Authorization of Appropriations.--Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by adding at the end the following: ``(28) For activities under part MM, there are authorized to be appropriated $20,000,000 for each of fiscal years 2017 through 2021.''.

Investing in Neighborhood-focused, Vital, Evidence-based Strategies and Trust to Prevent Crime Act of 2016 or the INVEST to Prevent Crime Act This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to establish a grant program for governments, nonprofit organizations, and institutions of higher education to prepare a comprehensive plan and enhance community capacity to address crime through collaborative cross-sector approaches.

Investing in Neighborhood-focused, Vital, Evidence-based Strategies and Trust to Prevent Crime Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Security Officer Quality Assurance Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) employment of private security officers in the United States is growing rapidly; (2) private security officers function as an adjunct to public law enforcement by helping to reduce and prevent crime; (3) the private security industry provides numerous opportunities for entry-level job applicants, including individuals suffering from unemployment due to economic conditions or dislocations; (4) such private security officers protect individuals, tangible and intangible property and proprietary information and provide protection to such diverse operations as banks, hospitals, chemical companies, oil and gas refineries, airports, communication facilities and operations, office complexes, schools, residential properties, apartment complexes, gated communities and many others; (5) sworn law enforcement officers provide significant services to the citizens of the United States in its public areas, and are only supplemented by private security officers who provide prevention and reporting services in support of, but not in place of, regular sworn police; (6) given the growth of large private shopping malls, and the consequent reduction in the number of public shopping streets, the American public is more likely to have contact with private security personnel in the course of a day than with sworn law enforcement officers; (7) the trend in the Nation toward growth in such security services has accelerated rapidly as the per capita number of public sector law enforcement officers has decreased; (8) such growth serves important public policy goals in making available more public sector law enforcement officers to combat serious and violent crimes; (9) regardless of the differences in their duties, skill, and responsibilities, the public has difficulty in discerning the difference between sworn law enforcement officers and private security personnel; (10) the American public demands the employment of qualified, well-trained private security personnel as an adjunct, but not a replacement for sworn law enforcement officers; and (11) private security officers and applicants for private security officer positions should be screened as thoroughly as possible, particularly since many private security officers bear weapons. SEC. 3. BACKGROUND CHECKS. (a) In General.--(1) At the request of an employer of private security officers, an association of employers of private security officers, designated for the purpose of this section by the Attorney General, must submit to the Attorney General fingerprints or other methods of positive identification of an employee of such employer for purposes of a background check. (2) An employer may seek authorization from its employees to submit their fingerprints for purposes of a background check. (3) Upon receipt of fingerprints from an association designated under this section, the Attorney General shall search the records of the Interstate Information Index of the National Crime Information Center and the Identification Division of the Federal Bureau of Investigation, and shall provide any identification and criminal history records corresponding to the fingerprints to the requesting association within 30 business days. (4) The Attorney General shall, to the maximum extent possible, encourage the use of the best technology available in compiling criminal history information and in responding to requests under this section. (5) An association designated under this section shall submit employee fingerprints to the Attorney General for identification and appropriate processing within one business day of receiving them. Such an association shall also transfer a copy of the identification and criminal history records that it receives from the Attorney General to the requesting employer within one business day of receiving them. (6) An association designated under this section shall provide a copy to the appropriate licensing authorities or regulatory agencies in the States of the requests it makes on behalf of employers for identification and criminal history records. The association shall also provide a copy of the information it transfers to employers to such States. (b) Regulations.--The Attorney General may prescribe such regulations as may be necessary to carry out this section, including measures relating to the security, confidentiality, accuracy, use, and dissemination of information and audits and recordkeeping and the imposition of fees necessary for the recovery of costs. (c) Report.--The Attorney General shall report to the Senate and House Committees on the Judiciary 2 years after the date of enactment of this bill on the number of inquiries made by the association of employers under this section and their disposition. SEC. 4. CONFORMING AMENDMENTS. Subsection (d) of section 534 of title 28, United States Code, is amended by adding the following paragraph: ``(3) an association of employers of private security officers designated by the Attorney General for purposes of conducting background checks on employees or prospective employees.''. SEC. 5. CRIMINAL PENALTY. Whoever knowingly and intentionally uses any information obtained pursuant to section 3 other than for the purpose of determining the suitability of an individual for employment as a private security officer shall be fined not more than $50,000 or imprisoned for not more than two years, or both. SEC. 6. EMPLOYER LIABILITY. Where an employer of private security officers reasonably relies for employment determinations upon criminal history information provided by the Attorney General, such employer shall not be liable in any action for damages based on such employment determinations. SEC. 7. DEFINITIONS. As used in this Act-- (1) the term ``Attorney General'' includes any person or entity designated by the Attorney General, including the Federal Bureau of Investigation; (2) the term ``employee'' includes an applicant for employment; (3) the term ``employer'' means any person that-- (A) provides, as an independent contractor, for consideration, the services of one or more private security officers (possibly including oneself); and (B) is licensed by one or more States as a provider of private security services, or is certified as such by the chief law enforcement officer of one or more States; (4) the term ``fingerprint'' includes any other method of positive identification approved by the Attorney General; (5) the term ``private security officer''-- (A) means an individual who performs security services, full or part time, for consideration as an independent contractor or an employee, whether armed or unarmed and in uniform or plain clothes whose primary duty is to perform security services, but (B) does not include-- (i) sworn police officers who have law enforcement powers in the State, (ii) attorneys, accountants, and other professionals who are otherwise licensed in the State, (iii) employees whose duties are primarily internal audit or credit functions, (iv) persons whose duties may incidentally include the reporting or apprehension of shoplifters or trespassers, (v) an individual on active duty in the military service, (vi) employees of electronic security system companies acting as technicians or monitors, (vii) employees whose duties primarily involve the secure movement of prisoners, or (viii) employees of armored vehicle companies; (6) the term ``security services'' means the performance of one or more of the following: (A) the observation or reporting of intrusion, larceny, vandalism, fire or trespass; (B) the deterrence of theft or misappropriation of any goods, money, or other item of value; (C) the observation or reporting of any unlawful activity; (D) the protection of individuals or property, including proprietary information, from harm or misappropriation; (E) the control of access to premises being protected; (F) the maintenance of order and safety at athletic, entertainment, or other public activities; and (G) the provision of canine services for protecting premises or for the detection of any unlawful device or substance; and (7) the term ``State'' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. SEC. 8. USER FEES. Notwithstanding any other provision of law, the Attorney General may collect a user fee for a request, under any applicable law, for an individual's criminal history information. SEC. 9. EFFECTIVE DATE. The effective date of this Act shall be July 1, 1999.

Private Security Officer Quality Assurance Act of 1997 - Directs the Attorney General (AG) to designate an association of employers of private security officers, which must submit to the AG, at the request of an employer of officers, fingerprints or other methods of positive identification for background checks of such officers. Allows an employer to seek authorization from its employees for a background check. Directs the AG, upon receipt of fingerprints from an association, to: (1) search records of the Interstate Information Index of the National Crime Information Center and the Identification Division of the Federal Bureau of Investigation; and (2) provide any corresponding identification and criminal history records to the requesting association. Authorizes the AG to prescribe regulations to carry out this Act, including measures relating to the imposition of fees necessary for the recovery of costs. Directs the AG to report to specified congressional committees two years after enactment of this Act on the number of inquiries made by the association of employers and their disposition. Establishes criminal penalties for misuse of such background check information. Provides that employers shall not be held liable in any action for damages based on employment determinations that rely on such criminal history information from the AG. Authorizes the AG to collect a user fee for a request, under any applicable law, for an individual's criminal history information.

Private Security Officer Quality Assurance Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Price Index for Elderly Consumers Act of 2015''. SEC. 2. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS. (a) In General.--The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the ``Consumer Price Index for Elderly Consumers'' that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who are 62 years of age or older. (b) Effective Date.--Subsection (a) shall apply with respect to calendar months ending on or after July 31 of the calendar year following the calendar year in which this Act is enacted. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. SEC. 3. COMPUTATION OF COST-OF-LIVING INCREASES. (a) Amendments to Title II.-- (1) In general.--Section 215(i) of the Social Security Act (42 U.S.C. 415(i)) is amended-- (A) in paragraph (1)(G), by inserting before the period the following: ``, and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index''; and (B) in paragraph (4), by striking ``and by section 9001'' and inserting ``, by section 9001'', and by inserting after ``1986,'' the following: ``and by section 3(a) of the Consumer Price Index for Elderly Consumers Act of 2015,''. (2) Conforming amendments in applicable former law.-- Section 215(i)(1)(C) of such Act, as in effect in December 1978 and applied in certain cases under the provisions of such Act in effect after December 1978, is amended by inserting before the period the following: ``, and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index''. (3) Effective date.--The amendments made by paragraph (1) shall apply to determinations made with respect to cost-of- living computation quarters ending on or after September 30 of the second calendar year following the calendar year in which this Act is enacted. (b) Amendments to Title XVIII.-- (1) In general.--Title XVIII of such Act (42 U.S.C. 1395 et seq.) is amended-- (A) in section 1814(i)(2)(B) (42 U.S.C. 1395f(i)(2)(B)), by inserting ``(i) for accounting years ending before October 1 of the second calendar year following the calendar year in which the Consumer Price Index for Elderly Consumers Act of 2015 was enacted,'' after ``for a year is'', and by inserting after ``fifth month of the accounting year'' the following: ``, and (ii) for accounting years ending after October 1 of such calendar year, the cap amount determined under clause (i) for the last accounting year referred to in such clause, increased or decreased by the same percentage as the percentage increase or decrease, respectively, in the medical care expenditure category (or corresponding category) of the Consumer Price Index for Elderly Consumers, published by the Bureau of Labor Statistics, from March of such calendar year to the fifth month of the accounting year''; (B) in section 1821(c)(2)(C)(ii)(II) (42 U.S.C. 1395i-5(c)(2)(C)(ii)(II)), by striking ``consumer price index for all urban consumers (all items; United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (C) in section 1833(h)(2)(A)(i) (42 U.S.C. 1395l(h)(2)(A)(i)) by striking ``Consumer Price Index for All Urban Consumers (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (D) in section 1833(i)(2)(C)(i) (42 U.S.C. 1395l(i)(2)(C)(i)), by striking ``Consumer Price Index for all urban consumers (U.S. city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (E) in section 1834(a)(14)(L) (42 U.S.C. 1395m(a)(14)(L)), by striking ``consumer price index for all urban consumers (U.S. urban average)'' and inserting ``applicable consumer price index''; (F) in section 1834(h)(4)(A)(xi)(I) (42 U.S.C. 1395m(h)(4)(A)(xi)(I)), by striking ``consumer price index for all urban consumers (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (G) in section 1834(l)(3)(B) (42 U.S.C. 1395m(l)(3)(B)), by striking ``consumer price index for all urban consumers (U.S. city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (H) in section 1839(i)(5)(A)(ii) (42 U.S.C. 1395r(i)(5)(A)(ii)), by striking ``Consumer Price Index (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (I) in section 1842(s)(1)(B)(ii)(I) (42 U.S.C. 1395u(s)(1)(B)(ii)(I)), by striking ``consumer price index for all urban consumers (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (J) in each of subparagraphs (D)(ii) and (E)(i)(II) of section 1860D-14(a)(3) (42 U.S.C. 1395w-114(a)(3)) and in section 1860D-14(a)(4)(A)(ii) (42 U.S.C. 1395w- 114(a)(4)(A)(ii)), by striking ``consumer price index (all items; U.S. city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (K) in section 1882(p)(11)(C)(ii) (42 U.S.C. 1395ss(p)(11)(C)(ii)), by striking ``Consumer Price Index for all urban consumers (all items; U.S. city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (L) in each of clauses (iv) and (vi)(II) of section 1886(h)(2)(E) (42 U.S.C. 1395ww(h)(2)(E)), by striking ``for all urban consumers''; and (M) in section 1886(h)(5)(B) (42 U.S.C. 1395ww(h)(5)(B)), by striking ``Consumer Price Index for All Urban Consumers (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''. (2) Effective date.--The amendments made by paragraph (1) shall apply with respect to determinations made for periods ending after December 31 of the second calendar year following the calendar year in which this Act was enacted.

Consumer Price Index for Elderly Consumers Act of 2015 This bill amends titles II (Old Age, Survivors, and Disability Insurance) and XVIII (Medicare) of the Social Security Act to compute cost-of-living increases for Social Security and Medicare benefits using a new index in place of the current Consumer Price Index (CPI) for All Urban Consumers. The Bureau of Labor Statistics must prepare and publish, for this purpose, a monthly CPI for Elderly Consumers that reflects changes over time to expenditures typical for individuals aged 62 and older.

Consumer Price Index for Elderly Consumers Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Uterine Fibroid Research and Education Act of 2003''. SEC. 2. FINDINGS. Congress finds as follows: (1) The development of uterine fibroids is a common and significant health problem, affecting women of all ages, racial backgrounds, and socioeconomic levels. (2) It has been estimated that between 20 and 30 percent of women of reproductive age have uterine fibroids, though not all have been diagnosed. Studies indicate the prevalence could be much higher. (3) Symptomatic uterine fibroids can cause heavy bleeding, pain, and reproductive problems, including infertility. There is no known cause of uterine fibroids. (4) Uterine fibroids are the most common indication for hysterectomy, accounting for approximately one-third of hysterectomies, or 200,000 procedures annually. (5) African American women are 2 to 3 times more likely to develop uterine fibroids than women of other racial groups. (6) The estimated annual charges for inpatient care for uterine fibroids totaled more than $2,000,000,000 in 1997. (7) The Agency for Healthcare Research and Quality found a ``remarkable lack of high quality evidence supporting the effectiveness of most interventions for symptomatic fibroids''. SEC. 3. RESEARCH WITH RESPECT TO UTERINE FIBROIDS. (a) In General.--The Director of the National Institutes of Health (in this section referred to as the ``Director of NIH'') shall expand, intensify, and coordinate programs for the conduct and support of research with respect to uterine fibroids. (b) Administration.-- (1) In general.--The Director of NIH shall carry out this section through the appropriate institutes, offices, and centers, including the National Institute of Child Health and Human Development, the National Institute of Environmental Health Sciences, the Office of Research on Women's Health, the National Center on Minority Health and Health Disparities, and any other agencies that the Director of NIH determines to be appropriate. (2) Coordination of activities.--The Office of Research on Women's Health shall coordinate activities under paragraph (1) among the institutes, offices, and centers of the National Institutes of Health. (c) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $10,000,000 for each of the fiscal years 2004 through 2008. SEC. 4. INFORMATION AND EDUCATION WITH RESPECT TO UTERINE FIBROIDS. (a) Uterine Fibroids Public Education Program.-- (1) In general.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention, shall develop and disseminate to the public information regarding uterine fibroids, including information on-- (A) the incidence and prevalence of uterine fibroids; (B) the elevated risk for minority women; and (C) the availability, as medically appropriate, of a range of treatment options for symptomatic uterine fibroids. (2) Dissemination.--The Secretary may disseminate information under paragraph (1) directly, or through arrangements with nonprofit organizations, consumer groups, institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), Federal, State, or local agencies, or the media. (3) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2004 through 2008. (b) Uterine Fibroids Information Program for Health Care Providers.-- (1) In general.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall develop and disseminate to health care providers information on uterine fibroids, including information on the elevated risk for minority women and the range of available options for the treatment of symptomatic uterine fibroids. (2) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2004 through 2008. (c) Definition.--For purposes of this section, the term ``minority'', with respect to women, means women who are members of racial or ethnic minority groups within the meaning of section 1707 of the Public Health Service Act (42 U.S.C. 300u-6).

Uterine Fibroid Research and Education Act of 2003 - Directs the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate programs for the conduct and support of research with respect to uterine fibroids. Directs the Secretary of Health and Human Services to develop and disseminate to the public information regarding uterine fibroids, including on: (1) the elevated risk for minority women; and (2) the availability of a range of treatment options. Directs the Secretary, acting through the Administrator of the Health Resources and Services Administration, to develop and disseminate to health care providers information on uterine fibroids, including on: (1) the elevated risk for minority women; and (2) and treatment options.

To provide for uterine fibroid research and education, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``527 Reform Act of 2004''. SEC. 2. TREATMENT OF SECTION 527 ORGANIZATIONS. (a) Definition of Political Committee.--Section 301(4)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(4)(A)) is amended to read as follows: ``(A) any committee, club, association, or other group of persons that-- ``(i) during one calendar year, receives contributions aggregating in excess of $1,000 or makes expenditures aggregating in excess of $1,000; and ``(ii) has as its major purpose the nomination or election of one or more candidates;''. (b) Definition of Major Purpose for Section 527 Organizations.-- Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``SEC. 325. DEFINITIONS AND RULES FOR DETERMINING ORGANIZATIONS AND DISBURSEMENTS INFLUENCING FEDERAL ELECTIONS. ``(a) Major Purpose of Section 527 Organizations.--For purposes of section 301(4)(A)-- ``(1) In general.--A committee, club, association, or group of persons that-- ``(A) is an organization described in section 527 of the Internal Revenue Code of 1986, and ``(B) is not described in paragraph (2), has as its major purpose the nomination or election of one or more candidates. ``(2) Excepted organizations.--Subject to paragraph (3), a committee, club, association, or other group of persons described in this paragraph is-- ``(A) an organization described in section 527(i)(5) of the Internal Revenue Code of 1986, or ``(B) any other organization which is one of the following: ``(i) A committee, club, association, or other group of persons whose election or nomination activities relate exclusively to elections where no candidate for Federal office appears on the ballot. ``(ii) A committee, club, association, or other group of persons that is organized, operated, and makes disbursements exclusively for one or more of the following purposes: ``(I) Influencing the selection, nomination, election, or appointment of one or more candidates to non-Federal offices. ``(II) Influencing one or more State or local ballot initiatives, State or local referenda, State or local constitutional amendments, State or local bond issues, or other State or local ballot issues. ``(III) Influencing the selection, appointment, nomination, or confirmation of one or more individuals to non-elected offices. ``(IV) Paying expenses described in the last sentence of section 527(e)(2) of the Internal Revenue Code of 1986 or expenses of a newsletter fund described in section 527(g) of such Code. ``(3) Section 527 organizations making certain disbursements.--A committee, club, association, or other group of persons described in paragraph (2)(B) shall not be considered to be described in such paragraph for purposes of paragraph (1)(B) if it makes disbursements for a public communication that promotes, supports, attacks, or opposes a clearly identified candidate for Federal office during the period beginning on the first day of the calendar year preceding the calendar year in which the general election for the office sought by the clearly identified candidate occurs and ending on the date of the general election.''. SEC. 3. CERTAIN EXPENSES BY MAJOR PURPOSE ORGANIZATIONS TREATED AS EXPENDITURES. (a) In General.--Section 301(9)(A)(i) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(9)(A)(i)) is amended by inserting ``, including any amount described in section 325(b)'' after ``office''. (b) Applicable Communications.--Section 325 of the Federal Election Campaign Act of 1971 (as added by section 2(b)) is amended by adding at the end the following new subsection: ``(b) Certain Expenditures for Major Purpose Organizations.-- ``(1) In general.--Subject to paragraph (2), a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value for-- ``(A) a public communication that refers to a clearly identified candidate for Federal office or to a political party (regardless of whether a candidate for State or local office is also mentioned or identified) and that promotes, supports, attacks, or opposes a candidate for that office or a political party (regardless of whether the communication expressly advocates a vote for or against a candidate), or ``(B) voter registration activity, voter identification, get-out-the-vote activity, or generic campaign activity conducted in connection with an election in which a candidate for Federal office appears on the ballot (regardless of whether a candidate for State or local office also appears on the ballot), shall be an expenditure under section 301(9)(A)(i) if made by, or on behalf of, a political committee (as defined in section 301(4)) or a committee, club, association, or other group of persons for which the nomination or election of one or more candidates is its major purpose. ``(2) Exception.--Any funds used for purposes described in paragraph (1) that, in accordance with allocation rules set forth in section 325(c), are disbursed from a non-Federal account shall not be treated as expenditures.''. SEC. 4. RULES FOR ALLOCATION OF EXPENSES BETWEEN FEDERAL AND NON- FEDERAL ACTIVITIES. Section 325 of the Federal Election Campaign Act of 1971 (as added by section 2(b) and amended by section 3) is amended by adding at the end the following: ``(c) Allocation and Funding Rules for Expenses of Separate Segregated Funds and Nonconnected Committees Relating to Federal and Non-Federal Activities.-- ``(1) In general.--In the case of any disbursements by any separate segregated fund or nonconnected committee for which allocation rules are provided under paragraph (2)-- ``(A) the disbursements shall be allocated between Federal and non-Federal accounts in accordance with this subsection and regulations prescribed by the Commission, and ``(B) in the case of disbursements allocated to non-Federal accounts, may be paid only from a qualified non-Federal account. ``(2) Costs to be allocated and allocation rules.-- Disbursements by any separate segregated fund or nonconnected committee in connection with Federal and non-Federal elections for any of the following categories of activity shall be allocated as follows: ``(A) At least 50 percent of any administrative expenses, including rent, utilities, office supplies, and salaries not attributable to a clearly identified candidate shall be paid with funds from a Federal account, except that for a separate segregated fund such expenses may be paid instead by its connected organization. ``(B) At least 50 percent of the direct costs of a fundraising program or event, including disbursements for solicitation of funds and for planning and administration of actual fundraising events, where Federal and non-Federal funds are collected through such program or event shall be paid with funds from a Federal account, except that for a separate segregated fund such costs may be paid instead by its connected organization. ``(C) At least 50 percent of the expenses for public communications or voter drive activities that refer to a political party, but do not refer to any clearly identified Federal or non-Federal candidate, shall be paid with funds from a Federal account. ``(D) 100 percent of the expenses for public communications or voter drive activities that refer to a political party, and refer to one or more clearly identified Federal candidates, but do not refer to any clearly identified non-Federal candidates, shall be paid with funds from a Federal account. ``(E) At least 50 percent of the expenses for public communications or voter drive activities that refer to a political party, and refer to one or more clearly identified non-Federal candidates, but do not refer to any clearly identified Federal candidates, shall be paid with funds from a Federal account, except that this subparagraph shall not apply to communications or activities that relate exclusively to elections where no candidate for Federal office appears on the ballot. ``(F) At least 50 percent of the expenses for public communications and voter drive activities that refer to one or more clearly identified candidates for Federal office and one or more clearly defined non- Federal candidates, without regard to whether the communication refers to a political party, shall be paid with funds from a Federal account. ``(3) Qualified non-federal account.--For purposes of this subsection-- ``(A) In general.--The term `qualified non-Federal account' means an account which consists solely of amounts-- ``(i) that, subject to the limitations of subparagraphs (B) and (C), are raised by the separate segregated fund or nonconnected committee only from individuals, and ``(ii) with respect to which all other requirements of Federal, State, or local law are met. ``(B) Limitation on individual donations.-- ``(i) In general.--A separate segregated fund or nonconnected committee may not accept more than $25,000 in funds for its qualified non-Federal account from any one individual in any calendar year. ``(ii) Affiliation.--For purposes of this subparagraph, all qualified non-Federal accounts of separate segregated funds or nonconnected committees which are directly or indirectly established, financed, maintained, or controlled by the same person or persons shall be treated as one account. ``(C) Fundraising limitation.--No donation to a qualified non-Federal account may be solicited, received, directed, transferred, or spent by or in the name of any person described in subsection (a) or (e) of section 323. ``(4) Voter drive activity and federal account defined.-- For purposes of this subsection-- ``(A) Voter drive activity.--The term `voter drive activity' means any of the following activities conducted in connection with an election in which a candidate for Federal office appears on the ballot (regardless of whether a candidate for State or local office also appears on the ballot): ``(i) Voter registration activity. ``(ii) Voter identification. ``(iii) Get-out-the-vote activity. ``(iv) Generic campaign activity. ``(B) Federal account.--The term `Federal account' means an account which consists solely of contributions subject to the limitations, prohibitions, and reporting requirements of this Act. Nothing in this subsection or in section 323(b)(2)(B)(iii) shall be construed to infer that a limit other than the limit under section 315(a)(1)(C) applies to contributions to the account.''. SEC. 5. CONSTRUCTION. No provision of this Act, or amendment made by this Act, shall be construed-- (1) as approving, ratifying, or endorsing a regulation promulgated by the Federal Election Commission, or (2) as establishing, modifying, or otherwise affecting the definition of political organization for purposes of the Internal Revenue Code of 1986. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall take effect on January 1, 2005.

527 Reform Act of 2004 - Amends the Federal Election Campaign Act of 1971 to revise the definition of political committee to include any committee, club, association, or other group of persons that has as its major purpose the nomination or election of one or more candidates ("Section 527 Organizations" or major purpose organizations). Treats certain expenses by major purpose organizations as expenditures subject to the limitations and reporting requirements of such Act. Provides that any disbursement by separate segregated fund or nonconnected committee shall be allocated between Federal and non-Federal accounts in accordance with this Act and regulations prescribed by the Federal Election Commission. States that disbursements allocated to non-Federal accounts may be paid only from a qualified non-Federal account. Prohibits a separate segregated fund or nonconnected committee from accepting more than $25,000 in funds for its qualified non-Federal account from any one individual in any calendar year.

A bill to amend the Federal Election Campaign Act of 1971 to define political committee and clarify when organizations described in section 527 of the Internal Revenue Code of 1968 must register as political committees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Full Faith in Veterans Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Men and women who serve in the Armed Forces make great sacrifices for the Nation and for freedom. (2) The Nation takes great pride in the integrity of members of the Armed Forces and places full faith and confidence in these men and women serving in the Armed Forces. (3) The Nation should extend such full faith to the integrity of those men and women when they make claims for disability compensation related to their service. (4) In the spirit of the Armed Forces' pledge never to leave a man behind, the Nation should never leave a veteran behind. (5) Military service is inherently dangerous and stressful whether during peacetime or during war. (6) Post-traumatic stress disorder (referred to in this section as ``PTSD'') is a debilitating mental health condition linked to military service that the Secretary of Veterans Affairs should make every effort to diagnose and effectively treat. (7) It is recognized in the medical community that PTSD can onset at anytime after a traumatic event, and the course of the disorder can contain periods of both relapse and remission. (8) Denial by the Secretary of Veterans Affairs of claims for disability compensation for PTSD due to incomplete military records does a disservice to those who have honorably served the country. (9) Military records that would validate such claims may have been lost due to no fault of the veteran. (10) Due to the dangerous and fast-paced environment in which the members of the Armed Forces operate, not every significant and possibly traumatic incident in the life and service of each member is chronicled accurately or completely. (11) Evaluations for disability compensation for PTSD often place veterans under the additional hardship of reliving traumatic events by describing them to unfamiliar medical professionals. (12) According to the Institute of Medicine and representatives of certain veterans' service organizations, evaluations for pension and disability compensation for PTSD are sometimes completed in as little as 20 minutes, despite recommendations of the mental health community that evaluations should take place over a period of one hour or more. (13) The Veterans' Disability Benefits Commission, established pursuant to title XV of the National Defense Authorization Act for Fiscal Year 2004, issued recommendations to improve the care, compensation, and treatment of veterans diagnosed with PTSD, including updating the schedule for rating disabilities under section 1155 of title 38, United States Code, establishing new criteria for the diagnosis and treatment of PTSD, and using a holistic approach to treat veterans with PTSD that incorporates treatment, compensation, and vocational assessment. SEC. 3. STANDARD OF PROOF FOR SERVICE-CONNECTION OF POST-TRAUMATIC STRESS DISORDER. (a) Standard of Proof.--Section 1154 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(c) The Secretary shall accept as sufficient proof of service- connection of post-traumatic stress disorder alleged to have been incurred in or aggravated by service in the active military, naval, or air service a diagnosis of post-traumatic stress disorder by a mental health professional together with a written determination by the professional that such disorder is related to the veteran's service, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran. Service- connection of post-traumatic stress disorder may be rebutted by clear and convincing evidence to the contrary. In the case of such a rebuttal, the Secretary shall make all documents related to the service-connection of the veteran's disability available to the veteran.''. (b) Applicability.--Subsection (c) of section 1154 of title 38, United States Code, shall apply with respect to any claim for disability compensation under laws administered by the Secretary of Veterans Affairs for which no final decision has been made before the date of the enactment of this Act. SEC. 4. IMPROVEMENT OF DEPARTMENT OF VETERANS AFFAIRS EVALUATIONS OF CLAIMS RELATING TO POST-TRAUMATIC STRESS DISORDER. (a) Certification and Training for Certain Employees.-- (1) Certification program.-- (A) Certification required.--The Secretary of Veterans Affairs shall require covered employees to successfully complete a certification program established by the Secretary. Such program shall include a periodic recertification requirement. (B) Covered employees.--For the purposes of this paragraph, a ``covered employee'' is an employee of the Department of Veterans Affairs who is responsible for rating disabilities, evaluating claims for disability compensation for post-traumatic stress disorder, or adjudicating disability compensation ratings. (C) Program requirements.--The certification program under subparagraph (A) shall-- (i) provide specialized training on the psychological and medical issues (including comorbidities) that characterize individuals with post-traumatic stress disorder and give guidance on how to appropriately manage commonly encountered problems in evaluating and rating such disorder; and (ii) incorporate the recommendations contained in the Best Practice Manual for Post- Traumatic Stress Disorder (PTSD) Compensation and Pension Examinations issued by the National Center for Post-Traumatic Stress Disorder of the Department of Veterans Affairs. (D) Review of requirements.--The Secretary shall regularly review and update the requirements for successfully completing the certification program under subparagraph (A) to take into consideration medical advances and to reflect lessons learned. (2) Training program.--The Secretary of Veterans Affairs shall provide training to support the certification program required under paragraph (1). (b) Audits of Examinations.--The Secretary of Veterans Affairs shall conduct audits of the examinations conducted by employees of the Department of Veterans Affairs of veterans who submit claims for disability compensation for post-traumatic stress disorder to ensure that such employees are taking sufficient time necessary to diagnose and accurately rate the disorder. (c) Update of Schedule for Rating Disabilities.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall begin updating the schedule for rating disabilities under section 1155 of title 38, United States Code. The Secretary shall begin by updating the schedule with respect to post- traumatic stress disorder, traumatic brain injury, and other mental disorders. The Secretary shall complete such update not later than five years after the date of the enactment of this Act. (d) New Criteria for Post-Traumatic Stress Disorder.--The Secretary of Veterans Affairs shall implement the criteria of the Diagnostic and Statistical Manual of Mental Disorders, 4th Edition, specific to post- traumatic stress disorder and use such criteria for the purpose of rating post-traumatic stress disorder pursuant to the schedule for rating disabilities under section 1155 of title 38, United States Code. (e) Holistic Approach Required.--The Secretary of Veterans Affairs shall implement a holistic approach for providing treatment for veterans with post-traumatic stress disorder. Such approach shall combine treatment for post-traumatic stress disorder, compensation, and vocational assessment. (f) Treatment of Mental Health Records.--The Secretary of Veterans Affairs shall require an employee of the Department of Veterans Affairs who is responsible for adjudicating disability compensation ratings, in developing evidence for a claim for disability compensation to take into consideration the following: (1) In the case of a veteran who has visited a center for the provision of readjustment counseling and related mental health services under section 1712A of title 38, United States Code, any treatment records of the veteran from that center. (2) In the case of a veteran who has received mental health services from a mental health professional, any written opinion of that mental health professional submitted to the Department by the veteran. (g) Consideration of Certain Materials.--In carrying out subsections (c), (d), and (e), the Secretary of Veterans Affairs shall consider materials on post-traumatic stress disorder and mental health provided by the National Center on Post-Traumatic Stress Disorder of the Department of Veterans Affairs and the Institute of Medicine. (h) Employee.--For purposes of this section, the term ``employee of the Department of Veterans Affairs'' includes an employee of any entity with which the Secretary of Veterans Affairs has entered into a contract for the provision of conducting examinations or rating disabilities for purposes of determining the amount of disability compensation to be provided to a veteran under laws administered by the Secretary. SEC. 5. REPORT TO CONGRESS. Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the implementation of this Act and the amendments made by this Act. Such report shall include any evidence of fraud or abuse relating to any provision of this Act or amendment made by this Act.

Full Faith in Veterans Act of 2008 - Directs the Secretary of Veterans Affairs to accept as sufficient proof of service-connection of post-traumatic stress disorder (PTSD) alleged to have been incurred in or aggravated by active military service a diagnosis of PTSD by a mental health professional, together with a written determination that such disorder is related to the veteran's service, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding that there is no official record of such incurrence or aggravation during such service. Requires the Secretary to resolve every reasonable doubt in favor of the veteran. Allows PTSD service-connection to be rebutted by clear and convincing evidence. Directs the Secretary to require Department of Veterans Affairs (VA) employees responsible for rating disabilities, evaluating claims for disability compensation for PTSD, or adjudicating disability compensation ratings to complete a certification program established by the Secretary. Requires the Secretary to: (1) conduct audits of examinations of veterans who submit claims for disability compensation for PTSD; (2) update the schedule for rating disabilities with respect to PTSD, traumatic brain injury, and other mental disorders; (3) implement new PTSD criteria; (4) implement a holistic treatment approach for veterans with PTSD; and (5) require VA employees responsible for adjudicating disability compensation ratings to take into consideration veterans' treatment records from readjustment counseling centers and written opinions of mental health professionals.

To amend title 38, United States Code, to improve the disability compensation evaluation procedure of the Secretary of Veterans Affairs for veterans with post-traumatic stress disorder, to improve the diagnosis and treatment of post-traumatic stress disorder by the Secretary of Veterans Affairs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Motor Vehicle Owners' Right to Repair Act of 2005''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The ability to diagnose, service, and repair a motor vehicle in a timely, reliable, and affordable manner is essential to the safety and well-being of automotive consumers in the United States. (2) Consumers are entitled to choose among competing repair facilities for the convenient, reliable, and affordable repair of their motor vehicles. (3) Increased competition among repair facilities will benefit vehicle owners in the United States. (4) Computers of various kinds are increasingly being used in motor vehicle systems, such as pollution control, transmission, anti-lock brakes, electronic and mechanical systems, heating and air-conditioning, mobile electronics, airbags, and steering. (5) The diagnosis, service, and repair of these vehicle systems are essential to the safety and proper operation of modern motor vehicles. (6) In many instances, access codes prevent owners from making, or having made, the necessary diagnosis, service, and repair of their motor vehicles in a timely, convenient, reliable, and affordable manner. (7) Automobile manufacturers have restricted access to the information motor vehicle owners need in order to diagnose, service, and repair their vehicles, in a manner that has hindered open competition among repair facilities. (8) Consumers in the United States have benefited from the availability of a competitive aftermarket industry, or parts and accessories used in the repair, maintenance, or enhancement of a motor vehicle. The American economy has also benefited from the availability of a competitive aftermarket industry that provides jobs to over 5 million workers in over 495,000 businesses, and generates $200 billion in annual sales. (9) Vehicle owners in the United States should have the right-- (A) to all information necessary to allow the diagnosis, service, and repair of their vehicles; (B) to choose between original parts and aftermarket parts when repairing their motor vehicles; and (C) to make, or have made, repairs necessary to keep their vehicles in reasonably good and serviceable condition during the life of the vehicle. (10) The restriction of vehicle repair information and tools limits who can repair motor vehicles and what parts may be used to repair those vehicles, which limits consumer choice, impedes competition, and increases the costs of vehicle repair for consumers. (b) Purposes.--The purposes of this Act are: (1) To ensure the safety of all vehicle owners by requiring disclosure of all information necessary for the proper diagnosis, service, and repair of a vehicle in a timely, affordable, and reliable manner. (2) To encourage competition in the diagnosis, service, and repair of motor vehicles. SEC. 3. MANUFACTURER DISCLOSURE REQUIREMENTS. (a) Duty to Disclose.--The manufacturer of a motor vehicle sold or introduced into commerce in the United States shall promptly provide to the vehicle owner, or to a repair facility of the motor vehicle owner's choosing, the information necessary to diagnose, service, or repair the vehicle. The motor vehicle manufacturer shall make available all non- emission-related service information, training information, and diagnostic tools on a non-discriminatory basis to any repair facility of the owner's choosing, and shall not not limit such information to those repair facilities within the manufacturers' approved network. The information to be made available shall include the following: (1) The same service and training information related to vehicle repair shall be made available to all independent repair facilities in the same manner and extent as it is made available to franchised dealerships, and shall include all information needed to activate all controls that can be activated by a franchised dealership. (2) The same diagnostic tools and capabilities related to vehicle repair that are made available to franchised dealerships shall be made available to independent repair facilities. These diagnostic tools and capabilities shall be made available for purchase by motor vehicle owners or their agents through reasonable business means. The service and training information and manufacturer diagnostic capabilities shall be available to independent repair facilities, and to the companies from which they normally purchase diagnostic tools, without the need for the motor vehicle owner to return to a franchised dealership. (b) Protection of Trade Secrets.--Nothing in this Act shall be deemed to require the disclosure of trade secrets, nor the public disclosure of any information related exclusively to the design and manufacture of motor vehicle parts. No information necessary to repair a vehicle shall be withheld by a manufacturer if such information is provided (directly or indirectly) to franchised dealerships or other repair facilities. SEC. 4. REGULATIONS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall prescribe regulations setting forth an appropriate method by which manufacturers shall provide the information required by section 3, including disclosure in writing, via the Internet, or under such terms as the Commission determines appropriate. The regulations shall take effect upon final issuance of such regulations and shall apply to vehicles manufactured after model year 1994. (b) Limitation.--The Federal Trade Commission may not prescribe rules that interfere with the authority of, or conflict with rules prescribed by, the Administrator of the Environmental Protection Agency under section 202(m) of the Clean Air Act (42 U.S.C. 7521(m)) with regard to motor vehicle emissions control diagnostics systems. SEC. 5. ENFORCEMENT. (a) Unfair or Deceptive Act or Practice.--The failure by a manufacturer to comply with section 3(a) or the regulations prescribed under section 4 shall be treated as an unfair method of competition and an unfair or deceptive act or practice in or affecting commerce (within the meaning of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1))). A violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Actions by the Federal Trade Commission.--The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any entity that violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (c) Effect on Other Laws.--Nothing contained in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provisions of law. SEC. 6. DEFINITIONS. In this Act: (1) The terms ``manufacturer'', ``motor vehicle'', and ``motor vehicle equipment'' have the meanings given those terms in section 30102(a) of title 49, United States Code. (2) The term ``motor vehicle owner'' or ``vehicle owner'' means any person who owns, leases, or otherwise has the legal right to use and possess a motor vehicle. (3) The term ``repair facility'' means a facility maintained by a person engaged in the repair, diagnosing, or servicing of motor vehicles or motor vehicle engines.

Motor Vehicle Owners' Right to Repair Act of 2005 - Requires a manufacturer of a motor vehicle sold or introduced into commerce in the United States to disclose to the vehicle owner or to a repair facility of the motor vehicle owner's choosing the information necessary to diagnose, service, or repair the vehicle. Sets forth protections for trade secrets. Instructs the Federal Trade Commission (FTC) to prescribe a uniform methodology for manufacturer disclosure in writing and on the Internet. Prohibits the FTC from prescribing rules that interfere with the authority of the Administrator of the Environmental Protection Agency (EPA) regarding motor vehicle emissions control diagnostics systems. States that manufacturer noncompliance with this Act constitutes an unfair method of competition and an unfair or deceptive act or practice affecting commerce within the purview of the Federal Trade Commission Act.

To protect the rights of consumers to diagnose, service, and repair motor vehicles in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Magistrate Judge Improvement Act of 2000''. SEC. 2. MAGISTRATE JUDGE CONTEMPT AUTHORITY. Section 636(e) of title 28, United States Code is amended to read as follows: ``(e) Magistrate Judge Contempt Authority.-- ``(1) In general.--A United States magistrate judge serving under this chapter shall have within the territorial jurisdiction prescribed by his or her appointment the power to exercise contempt authority as set forth in this subsection. ``(2) Summary criminal contempt authority.--A magistrate judge shall have the power to punish summarily by fine or imprisonment such contempt of the authority of that magistrate judge constituting misbehavior of any person in the presence of the magistrate judge so as to obstruct the administration of justice. The order of contempt shall be issued pursuant to Federal Rules of Criminal Procedure. ``(3) Additional criminal contempt authority in civil consent and misdemeanor cases.--In any case in which a United States magistrate judge presides with the consent of the parties under subsection (c) of this section, and in any misdemeanor case proceeding before a magistrate judge under section 3401 of title 18, the magistrate judge shall have the power to punish by fine or imprisonment such criminal contempt constituting disobedience or resistance to the lawful writ, process, order, rule, decree, or command of the magistrate judge. Disposition of such contempt shall be conducted upon notice and hearing pursuant to the Federal Rules of Criminal Procedure. ``(4) Civil contempt authority in civil consent and misdemeanor cases.--In any case in which a United States magistrate judge presides with the consent of the parties under subsection (c) of this section, and in any misdemeanor case proceeding before a magistrate judge under section 3401 of title 18, the magistrate judge may exercise the civil contempt authority of the district court. This paragraph shall not be construed to limit the authority of a magistrate judge to order sanctions pursuant to any other statute, the Federal Rules of Civil Procedure, or the Federal Rules of Criminal Procedure. ``(5) Criminal contempt penalties.--The sentence imposed by a magistrate judge for any criminal contempt set forth in paragraphs (2) and (3) of this subsection shall not exceed the penalties for a class C misdemeanor as set forth in sections 3571(b)(6) and 3581(b)(8) of title 18. ``(6) Certification of other contempts to the district judge.-- ``(A) In general.--Upon the commission of any act described in subparagraph (B)-- ``(i) the magistrate judge shall promptly certify the facts to a district judge and may serve or cause to be served upon any person whose behavior is brought into question under this paragraph an order requiring such person to appear before a district judge upon a day certain to show cause why such person should not be adjudged in contempt by reason of the facts so certified; and ``(ii) the district judge shall hear the evidence as to the act or conduct complained of and, if it is such as to warrant punishment, punish such person in the same manner and to the same extent as for a contempt committed before a district judge. ``(B) Acts described.--An act is described in this subparagraph if it is-- ``(i) in any case in which a United States magistrate judge presides with the consent of the parties under subsection (c) of this section, or in any misdemeanor case proceeding before a magistrate judge under section 3401 of title 18, an act that may, in the opinion of the magistrate judge, constitute a serious criminal contempt punishable by penalties exceeding those set forth in paragraph (5) of this subsection; or ``(ii) in any other case or proceeding under subsection (a) or (b), or any other statute-- ``(I) an act committed in the presence of the magistrate judge that may, in the opinion of the magistrate judge, constitute a serious criminal contempt punishable by penalties exceeding those set forth in paragraph (5); ``(II) an act that constitutes a criminal contempt that occurs outside the presence of the magistrate judge; or ``(III) an act that constitutes a civil contempt. ``(7) Appeals of magistrate judge contempt orders.--The appeal of an order of contempt issued pursuant to this section shall be made to the court of appeals in any case proceeding under subsection (c). The appeal of any other order of contempt issued pursuant to this section shall be made to the district court.''. SEC. 3. MAGISTRATE JUDGE AUTHORITY IN PETTY OFFENSE CASES. (a) Title 18, United States Code.--Section 3401(b) of title 18, United States Code, is amended in the first sentence by striking ``that is a class B'' and all that follows through ``infraction''. (b) Title 28, United States Code.--Section 636(a) of title 28, United States Code, is amended by striking paragraphs (4) and (5) and inserting the following: ``(4) the power to enter a sentence for a petty offense; and ``(5) the power to enter a sentence for a class A misdemeanor in a case in which the parties have consented.''. SEC. 4. MAGISTRATE JUDGE AUTHORITY IN CASES INVOLVING JUVENILES. Section 3401(g) of title 18, United States Code, is amended-- (1) by striking the first sentence and inserting the following: ``The magistrate judge may, in a petty offense case involving a juvenile, exercise all powers granted to the district court under chapter 403 of this title.''; (2) in the second sentence by striking ``any other class B or C misdemeanor case'' and inserting ``the case of any misdemeanor, other than a petty offense,''; and (3) by striking the last sentence.

Provides the process for certification of the facts of a contempt ruling to a district judge for execution (including appeals) of punishment or sanctions. Amends the Federal criminal code to provide magistrate judge authority in cases involving petty offenses and petty cases involving juveniles.

Magistrate Judge Improvement Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Critical Minerals and Materials Promotion Act of 2011''. SEC. 2. DEFINITION OF CRITICAL MINERALS AND MATERIALS. In this Act: (1) In general.--The term ``critical minerals and materials'' means naturally occurring, nonliving, nonfuel substances with a definite chemical composition-- (A) that perform an essential function for which no satisfactory substitutes exist; and (B) the supply of which has a high probability of becoming restricted, leading to physical unavailability or excessive costs for the applicable minerals and materials in key applications. (2) Exclusions.--The term ``critical minerals and materials'' does not include ice, water, or snow. SEC. 3. PROGRAM TO DETERMINE PRESENCE OF AND FUTURE NEEDS FOR CRITICAL MINERALS AND MATERIALS. (a) In General.--The Secretary of the Interior, acting through the United States Geological Survey, shall establish a research and development program-- (1) to provide data and scientific analyses for research on, and assessments of the potential for, undiscovered and discovered resources of critical minerals and materials in the United States and other countries; and (2) to analyze and assess current and future critical minerals and materials supply chains-- (A) with advice from the Energy Information Administration on future energy technology market penetration; and (B) using the Mineral Commodity Summaries produced by the United States Geological Survey. (b) Global Supply Chain.--The Secretary shall, if appropriate, cooperate with international partners to ensure that the program established under subsection (a) provides analyses of the global supply chain of critical minerals and materials. SEC. 4. PROGRAM TO STRENGTHEN THE DOMESTIC CRITICAL MINERALS AND MATERIALS SUPPLY CHAIN FOR CLEAN ENERGY TECHNOLOGIES. The Secretary of Energy shall conduct a program of research, development, and demonstration to strengthen the domestic critical minerals and materials supply chain for clean energy technologies and to ensure the long-term, secure, and sustainable supply of critical minerals and materials sufficient to strengthen the national security of the United States and meet the clean energy production needs of the United States, including-- (1) critical minerals and materials production, processing, and refining; (2) minimization of critical minerals and materials in energy technologies; (3) recycling of critical minerals and materials; and (4) substitutes for critical minerals and materials in energy technologies. SEC. 5. STRENGTHENING EDUCATION AND TRAINING IN MINERAL AND MATERIAL SCIENCE AND ENGINEERING FOR CRITICAL MINERALS AND MATERIALS PRODUCTION. (a) In General.--The Secretary of Energy shall promote the development of the critical minerals and materials industry workforce in the United States. (b) Support.--In carrying out subsection (a), the Secretary shall support-- (1) critical minerals and materials education by providing undergraduate and graduate scholarships and fellowships at institutions of higher education, including technical and community colleges; (2) partnerships between industry and institutions of higher education, including technical and community colleges, to provide onsite job training; and (3) development of courses and curricula on critical minerals and materials. SEC. 6. SUPPLY OF CRITICAL MINERALS AND MATERIALS. (a) Policy.--It is the policy of the United States to promote an adequate and stable supply of critical minerals and materials necessary to maintain national security, economic well-being, and industrial production with appropriate attention to a long-term balance between resource production, energy use, a healthy environment, natural resources conservation, and social needs. (b) Implementation.--To implement the policy described in subsection (a), the President, acting through the Executive Office of the President, shall-- (1) coordinate the actions of applicable Federal agencies; (2) identify critical minerals and materials needs and establish early warning systems for critical minerals and materials supply problems; (3) establish a mechanism for the coordination and evaluation of Federal critical minerals and materials programs, including programs involving research and development, in a manner that complements related efforts carried out by the private sector and other domestic and international agencies and organizations; (4) promote and encourage private enterprise in the development of economically sound and stable domestic critical minerals and materials supply chains; (5) promote and encourage the recycling of critical minerals and materials, taking into account the logistics, economic viability, environmental sustainability, and research and development needs for completing the recycling process; (6) assess the need for and make recommendations concerning the availability and adequacy of the supply of technically trained personnel necessary for critical minerals and materials research, development, extraction, and industrial practice, with a particular focus on the problem of attracting and maintaining high-quality professionals for maintaining an adequate supply of critical minerals and materials; and (7) report to Congress on activities and findings under this subsection. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as are necessary.

Critical Minerals and Materials Promotion Act of 2011 - Directs the Secretary of the Interior, acting through the United States Geological Survey (USGS), to establish a research and development program to: (1) provide data and scientific analyses for research on, and assessments of the potential for, undiscovered and discovered resources of critical minerals and materials in the United States and other countries; (2) analyze and assess current and future critical minerals and materials supply chains; and (3) cooperate with international partners to ensure that the research and assessment programs provide analyses of the global supply chain of critical minerals and materials. Directs the Secretary of Energy (DOE) to conduct a research, development, and demonstration program to strengthen the domestic critical minerals and materials supply chain for clean energy technologies, and to ensure the long-term, secure, and sustainable supply of critical minerals and materials sufficient to strengthen the national security and meet the clean energy production needs of the United States. Directs the Secretary of Energy to promote the development of the critical minerals and materials industry workforce in the United States by supporting: (1) critical minerals and materials education by providing undergraduate and graduate scholarships and fellowships at institutions of higher education, including technical and community colleges; (2) partnerships between industry and institutions of higher education, including technical and community colleges, to provide onsite job training; and (3) development of courses and curricula on critical minerals and materials. Expresses the policy of the United States to promote an adequate and stable supply of critical minerals and materials necessary to maintain national security, economic well-being, and industrial production with appropriate attention to a long-term balance between resource production, energy use, a healthy environment, natural resources conservation, and social needs. Directs the President take specified steps to implement such policy.

A bill to promote the domestic production of critical minerals and materials, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congestion Relief Act of 2005''. SEC. 2. SURFACE TRANSPORTATION PROGRAM. (a) Division of Funds Between Urbanized Areas of Over 200,000 Population and Other Areas.--Section 133(d)(3)(A) of title 23, United States Code, is amended-- (1) by striking ``62.5 percent of''; and (2) by striking ``The remaining 37.5 percent may be obligated in any area of the State.''. (b) Obligation Authority.--Section 133(f)(1) of such title is amended by striking ``the period of fiscal years 1998'' and all that follows through ``2003'' and inserting ``the period of fiscal years 2004 through 2006 and the period of fiscal years 2007 through 2009''. SEC. 3. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM. (a) Allocations.--Section 149 of title 23, United States Code, is amended by adding at the end the following: ``(f) Allocations of Apportioned Funds.-- ``(1) In general.--A State shall allocate the amounts apportioned to the State for a fiscal year under section 104(b)(2) and the amounts apportioned for the congestion mitigation and air quality improvement program under section 110 among metropolitan planning organizations and other agencies responsible for air quality conformity determinations in federally designated air quality areas in the ratio that-- ``(A) the total of all weighted nonattainment and maintenance area populations (as determined under section 104(b)(2)) represented by the metropolitan planning organization or other agency; bears to ``(B) the total of all weighted nonattainment and maintenance area populations (as determined under section 104(b)(2)) in the State. ``(2) Nonapplicability to certain amounts.--Amounts described in subsections (c)(1) and (c)(2) that may be used for any project eligible under the surface transportation program under section 133 shall not be subject to the requirements of paragraph (1). ``(3) Availability of amounts.--A State may reallocate amounts allocated under this subsection as necessary to prevent lapses of funds under section 118. ``(4) Obligation authority.--A State shall make available to a metropolitan planning organization or other agency to which amounts are allocated for a fiscal year under this section an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs for use in the area represented by the metropolitan planning organization or other agency that is equal to the amount obtained by multiplying-- ``(A) the aggregate amount of funds that the State is required to obligate in the area under this subsection; and ``(B) the ratio that-- ``(i) the aggregate amount of obligation authority distributed to the State for Federal- aid highways and highway safety construction programs for the fiscal year; bears to ``(ii) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs for the fiscal year. ``(5) Joint responsibility.--Each State, each affected metropolitan planning organization or other agency, and the Secretary shall jointly ensure compliance with paragraph (4).''. SEC. 4. NATIONAL HIGHWAY SYSTEM. (a) Selection of Projects.--Section 103(a)(6) of title 23, United States Code, is amended by inserting ``the project selection requirements of section 134(i)(4)(B) and'' after ``Subject to''. (b) Allocation.--Section 103(b) of such title is amended by adding at the end the following: ``(7) Allocation to urbanized areas of over 200,000 population.--The funds apportioned to a State under section 104(b)(1) for a fiscal year shall be allocated between urbanized areas with a population of over 200,000 in the State and other areas in the State-- ``(A) 75 percent in the ratio that-- ``(i) the total lane miles on the National Highway System in such urbanized areas in the State; bears to ``(ii) the total lane miles on the National Highway System in all areas in the State; and ``(B) 25 percent in the ratio that-- ``(i) the total vehicle miles traveled on the National Highway System in such urbanized areas in the State; bears to ``(ii) the total vehicle miles traveled on the National Highway System in all areas in the State.''. SEC. 5. MINIMUM GUARANTEE. Section 105(c)(2) of title 23, United States Code, is amended by striking ``paragraphs (1), (2), and (3)'' and inserting ``paragraphs (1) and (2)''. SEC. 6. METROPOLITAN CONGESTION RELIEF PROGRAM. (a) In General.--Subchapter I of chapter I of title 23, United States Code, is amended by adding at the end the following: ``Sec. 165. Metropolitan congestion relief program ``(a) Establishment.--The Secretary shall establish a metropolitan congestion relief program in accordance with this section. ``(b) Eligible Projects.--A project shall be eligible for assistance under this section if the project is eligible for assistance under the surface transportation program established by section 133 and the project is developed in accordance with the planning requirements of subsection (c). ``(c) Planning.--Programming and expenditure of funds for projects under this section shall be consistent with the requirements of sections 134 and 135. In addition, with respect to each project carried out under this section, the appropriate metropolitan planning organization shall demonstrate, as part of its congestion management system if applicable, that the project will improve congestion in its region. ``(d) Apportionment.-- ``(1) Eligible urbanized areas.--Amounts made available to carry out this section for a fiscal year shall be apportioned directly to a metropolitan planning organization designated for-- ``(A) an urbanized area that has a travel time index of 1.2 or more; and ``(B) an urbanized area with a population of more than 1,000,000 that otherwise would not be eligible under subparagraph (A). ``(2) Formula.--Amounts made available to carry out this section for a fiscal year shall be apportioned among eligible urbanized areas under paragraph (1) as follows: ``(A) 50 percent in the ratio that-- ``(i) the travel time index of the eligible urbanized area; bears to ``(ii) the travel time index of all eligible urbanized areas. ``(B) 50 percent in the ratio that-- ``(i) the passenger miles traveled in the eligible urbanized area; bears to ``(ii) the passenger miles traveled in all eligible urbanized areas. ``(3) Determinations.--Eligibility and apportionment determinations under this subsection shall be made by the Secretary based on data from the most recent year for which data is available. ``(e) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $2,000,000,000 for each of fiscal years 2004 through 2009. ``(f) Definitions.--In this section, the following definitions apply: ``(1) Travel time index.--The term `travel time index' means the travel time index developed by the Texas Transportation Institute and included in the performance plan of the Federal Highway Administration. ``(2) Passenger miles traveled.--The term `passenger miles traveled' includes daily vehicle miles traveled and daily transit ridership as measured by Secretary.''. (b) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating section 164 the following: ``165. Metropolitan congestion relief program.''. SEC. 7. TRANSPORTATION OPERATIONAL IMPROVEMENT PROGRAM. (a) In General.--Subchapter I of chapter 1 of title 23, United States Code, is further amended by adding at the end the following: ``Sec. 166. Operational improvement program ``(a) General Authority.--The Secretary shall establish and implement an operational improvement program under which the Secretary shall make grants to States, metropolitan planning organizations, and local governments for projects to improve the operation of the Nation's roadways. ``(b) Eligible Uses.--Grants to States, metropolitan planning organizations, and local governments under this section may be used for the following purposes: ``(1) Incident management projects, including the following: ``(A) Development of a regionwide coordinated plan to mitigate delays due to accidents and breakdowns. ``(B) Purchase or lease of telecommunications equipment for first responders. ``(C) Purchase or lease of towing and recovery equipment. ``(D) Payments to contractors for towing and recovery services. ``(E) Rental of vehicle storage areas immediately adjacent to roadways. ``(F) Service patrols. ``(G) Enhanced hazard materials incident response capacity. ``(H) Incident detection equipment. ``(I) Training. ``(2) Deployment of intelligent transportation systems technology, including the deployment of the national 511 traveler information telephone number. ``(3) Transportation demand management techniques, including the following: ``(A) Commuter benefit programs. ``(B) Parking management programs. ``(C) Carpool and vanpool projects. ``(D) Geographic Information System based ride matching operations. ``(E) Employer based, real-time traveler information programs. ``(F) Telework programs. ``(G) Bicycle and pedestrian programs. ``(H) Access to transit investments. ``(I) Design and implementation of commuter- friendly facilities. ``(J) Employer and employment-site based transit shuttle planning and operation. ``(c) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $500,000,000 for each of fiscal years 2004 through 2009. ``(d) Applicability of NHS Requirements.--All provisions of this chapter that are applicable to National Highway System funds, other than provisions relating to the apportionment formula and provisions limiting the expenditures of such funds to Federal-aid systems, shall apply to funds authorized to be appropriated to carry out this section, except as determined by the Secretary to be inconsistent with this section and except that sums authorized by this section shall remain available until expended.''. (b) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating section 165 the following: ``166. Incident management program.''. SEC. 8. METROPOLITAN PLANNING FUNDS. Section 104(f)(1) of title 23, United States Code, is amended by striking ``1 percent'' and inserting ``2 percent''.

Congestion Relief Act of 2005 - Amends the Transportation Equity Act for the 21st Century (TEA-21) to provide that 80 percent of specified funds apportioned to a State (currently, 62.5 percent of the remaining 80 percent) shall be obligated in urbanized areas of the State with populations of over 200,000 and in other areas of the State, in proportion to their relative share of the State's population. Modifies: (1) the allocation formula under the Congestion Mitigation and Air Quality Improvement Program; and (2) the Minimum Guarantee regarding programmatic distribution of funds. Directs that the funds apportioned to a State for a fiscal year for the National Highway System (NHS) be allocated between urbanized areas with a population of over 200,000 in the State and other areas in the State as follows: (1) 75 percent in the ratio that the total lane miles on the NHS in such urbanized areas in the State bears to the total lane miles on the NHS in all areas in the State; and (2) 25 percent in the ratio that the total vehicle miles traveled on the NHS in such urbanized areas in the State bears to the total vehicle miles traveled on the NHS in all areas in the State. Directs the Secretary of Transportation to: (1) establish a metropolitan congestion relief program; and (2) establish and implement an operational improvement program. Increases the percentage set aside for metropolitan planning.

To amend title 23, United States Code, to allocate transportation funds to metropolitan areas and increase planning funds to relieve metropolitan congestion, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Rebate Equalization Act of 2009''. SEC. 2. EXTENSION OF PRESCRIPTION DRUG DISCOUNTS TO ENROLLEES OF MEDICAID MANAGED CARE ORGANIZATIONS. (a) In General.--Section 1903(m)(2)(A) (42 U.S.C. 1396b(m)(2)(A)) is amended-- (1) in clause (xi), by striking ``and'' at the end; (2) in clause (xii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(xiii) such contract provides that (I) payment for covered outpatient drugs dispensed to individuals eligible for medical assistance who are enrolled with the entity shall be subject to the same rebate required by the agreement entered into under section 1927 as the State is subject to, and (II) capitation rates paid to the entity shall be based on actual cost experience related to rebates and subject to the Federal regulations requiring actuarially sound rates.''. (b) Conforming Amendments.--Section 1927 (42 U.S.C. 1396r-8) is amended-- (1) in subsection (d)-- (A) in paragraph (1), by adding at the end the following: ``(C) Notwithstanding the subparagraphs (A) and (B)-- ``(i) a Medicaid managed care organization with a contract under section 1903(m) may exclude or otherwise restrict coverage of a covered outpatient drug on the basis of policies or practices of the organization, such as those affecting utilization management, formulary adherence, and cost sharing or dispute resolution, in lieu of any State policies or practices relating to the exclusion or restriction of coverage of such drugs, provided, however, that any such exclusions and restrictions of coverage shall be subject to any contractual requirements and oversight by the State as contained in the Medicaid managed care organization's contract with the State, and the State shall maintain approval authority over the formulary used by the Medicaid managed care organization; and ``(ii) nothing in this section or paragraph (2)(A)(xiii) of section 1903(m) shall be construed as requiring a Medicaid managed care organization with a contract under such section to maintain the same such policies and practices as those established by the State for purposes of individuals who receive medical assistance for covered outpatient drugs on a fee-for-service basis.''; and (B) in paragraph (4), by inserting after subparagraph (E) the following: ``(F) Notwithstanding the preceding subparagraphs of this paragraph, any formulary established by Medicaid managed care organization with a contract under section 1903(m) may be based on positive inclusion of drugs selected by a formulary committee consisting of physicians, pharmacists, and other individuals with appropriate clinical experience as long as drugs excluded from the formulary are available through prior authorization, as described in paragraph (5).''; and (2) in subsection (j), by striking paragraph (1) and inserting the following: ``(1) Covered outpatients drugs are not subject to the requirements of this section if such drugs are-- ``(A) dispensed by health maintenance organizations, including Medicaid managed care organizations that contract under section 1903(m); and ``(B) subject to discounts under section 340B of the Public Health Service Act.''. (c) Reports.--Each State with a contract with a Medicaid managed care organization under section 1903(m) of the Social Security Act (42 U.S.C. 1396b(m)) shall report to the Secretary on a quarterly basis the total amount of rebates in dollars and volume received from manufacturers (as defined in section 1927(k)(5) of such Act (42 U.S.C. 1396r-8(k)(5)) for drugs provided to individuals enrolled with such an organization as a result of the amendments made by this section for both brand-name and generic drugs. The Secretary shall review the reports submitted by States under this subsection and, after such review, make publically available the aggregate data contained in such reports. (d) Effective Date.--This section and the amendments made by this section take effect on the date of enactment of this Act and apply to rebate agreements entered into or renewed under section 1927 of the Social Security Act (42 U.S.C. 1396r-8) on or after such date.

Drug Rebate Equalization Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act to reduce the costs of prescription drugs for enrollees of Medicaid managed care organizations by extending to such organizations the discounts offered under fee-for-service Medicaid plans. Requires the state contract with a Medicaid managed care organization to require that payment for covered outpatient drugs dispensed to Medicaid-eligible individuals enrolled with the organization be subject to the same rebate as the state is subject to. Requires also that capitation rates paid to the organization be: (1) based on actual cost experience related to rebates; and (2) subject to the federal regulations requiring actuarially sound rates.

A bill to amend title XIX of the Social Security Act to reduce the costs of prescription drugs for enrollees of Medicaid managed care organizations by extending the discounts offered under fee-for-service Medicaid to such organizations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clinical Laboratory Compliance Improvement Act of 2004''. SEC. 2. PROTECTION OF EMPLOYEES OF PROVIDERS AND SUPPLIERS OF CLINICAL DIAGNOSTIC LABORATORY TESTS WHO REPORT VIOLATIONS. (a) In General.--Section 1846 of the Social Security Act (42 U.S.C. 1395w-2) is amended by adding at the end the following new subsection: ``(c)(1)(A) Each provider or clinical laboratory approved for participation under this title to provide clinical diagnostic laboratory tests shall post in a conspicuous place a notice to employees that indicates the manner in which to report instances of noncompliance with conditions of participation under this title of the provider or laboratory (as the case may be), including deficiencies with respect to testing, quality, and inadequately trained personnel. ``(B)(i) A notice under subparagraph (A) shall include-- ``(I) the name and contact information of the appropriate entity, accreditation organization, or State or Federal agency to report instances of noncompliance; and ``(II) a description of the rights and protections under this section of individuals who report instances of noncompliance. ``(ii) The Secretary shall specify the form of the notice. ``(2)(A) A provider or clinical laboratory approved for participation under this title to provide clinical diagnostic laboratory tests shall not discriminate or retaliate in any manner against any employee of the provider or laboratory (as the case may be) because that employee, or any other person, has presented a grievance or complaint, or has initiated or cooperated in any investigation or proceeding of any kind, relating to the clinical diagnostic laboratory tests performed by the provider or laboratory (as the case may be) or other requirements and prohibitions of this title. ``(B) An employee of a provider or clinical laboratory approved for participation under this title to provide clinical diagnostic laboratory tests who has been discriminated or retaliated against in employment in violation of this subsection may initiate judicial action in a United States District Court and shall be entitled to reinstatement, reimbursement for lost wages and work benefits caused by the unlawful acts of the employing provider or laboratory (as the case may be). Prevailing employees are entitled to reasonable attorney's fees and costs associated with pursuing the judicial action. ``(C) No action may be brought under subparagraph (B) more than 2 years after the discrimination or retaliation with respect to which the action is brought. ``(D) For purposes of this paragraph-- ``(i) an adverse employment action shall be treated as `retaliation or discrimination'; and ``(ii) an adverse employment action includes-- ``(I) the failure to promote an individual or provide any other employment-related benefit for which the individual would otherwise be eligible; ``(II) an adverse evaluation or decision made in relation to accreditation, certification, credentialing, or licensing of the individual; and ``(III) a personnel action that is adverse to the individual concerned.''. (b) Clerical Amendment.--The heading of such section is amended by adding at the end the following: ``; whistleblower protections''. (c) Effective Date.--The amendment made by subsection (a) shall take effect January 1, 2005. SEC. 3. REQUIREMENT FOR UNANNOUNCED SURVEYS. (a) In General.--Section 1846 of the Social Security Act (42 U.S.C. 1395w-2), as amended by section 2(a), is further amended by adding at the end the following new subsections: ``(d)(1) Upon receipt of a report of an instance of noncompliance with conditions of participation by a provider or clinical laboratory approved for participation under this title to provide clinical diagnostic laboratory tests, the investigative organization shall-- ``(A) provide notice to the Secretary and other investigative organizations involved of receipt of the report within 3 business days of such receipt using a standard format and manner of transmission developed by the Secretary for such purpose; ``(B) promptly determine whether to investigate the report; and ``(C) if appropriate, promptly investigate the report. ``(2) In measuring performance of an investigative organization under a contract entered into with the Secretary, the Secretary shall provide for appropriate adjustments to payments under the contract for failure to carry out the responsibilities of this subsection. ``(3) In this subsection, the term `investigative organization' means an accreditation organization, a State agency, or other entity responsible for surveys of such providers or clinical laboratories. ``(e)(1) Each provider or clinical laboratory approved for participation under this title to provide clinical diagnostic laboratory tests shall be subject to a standard survey, to be conducted without any prior notice to the provider or laboratory (as the case may be). Each survey shall include verification of compliance with requirements under subsection (c). ``(2) Any individual who notifies (or causes to be notified) a provider or laboratory of the time or date on which such a survey is scheduled to be conducted is subject to a civil money penalty not to exceed $2,000. ``(3) The Secretary shall review each State's procedures for the scheduling and conduct of standard surveys to assure that the State has taken all reasonable steps to avoid giving notice of such a survey through the scheduling procedures and the conduct of the surveys themselves. ``(f) The Secretary shall submit to Congress an annual report on the actions taken under this section. Each such report shall include information on reports made under subsection (c), actions taken under subsection (d), the promptness with which such actions were taken, the findings of any investigation of such reports, and any actions taken based upon such findings.''. (b) Clerical Amendment.--The heading of such section, as amended by section 2(b), is further amended by adding at the end the following: ``; unannounced surveys''. (c) Effective Date.--The amendment made by subsection (a) shall take effect January 1, 2005.

Clinical Laboratory Compliance Improvement Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to require each provider or clinical laboratory approved for participation under Medicare to provide clinical diagnostic laboratory tests to post in a conspicuous place a notice to employees that indicates the manner in which to report instances of noncompliance with conditions of participation. Prohibits such a provider or clinical laboratory from discriminating against or retaliating in any manner against any employee because that employee, or any other person, has presented a grievance or complaint, or has initiated or cooperated in any investigation or proceeding of any kind, relating to the clinical diagnostic laboratory tests performed or other requirements and prohibitions of Medicare. Provides for judicial action for any employee so aggrieved. Requires the investigative organization, upon receipt of a report of an instance of noncompliance, to: (1) provide notice to the Secretary and other investigative organizations involved of receipt of the report within three business days, using a standard format and manner of transmission developed by the Secretary for such purpose; (2) promptly determine whether to investigate the report; and (3) if appropriate, promptly investigate it. Requires that the Secretary, in measuring the performance of an investigative organization under contract, to provide for appropriate adjustments to payments for failure to carry out the responsibilities of this Act. Subjects each provider or clinical laboratory to a standard survey, including verification of compliance with requirements, conducted without prior notice. Makes liable for civil monetary penalties any individual who notifies (or causes to be notified) a provider or laboratory of the time or date on which such a survey is scheduled to be conducted.

To amend title XVIII of the Social Security Act to provide whistleblower protection to employees of clinical laboratories who furnish services under the Medicare Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Business Supply Chain Transparency on Trafficking and Slavery Act of 2014''. SEC. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) In 2012, the Department of Labor identified 134 goods from 74 countries around the world made by forced labor and child labor. (2) The United States is the world's largest importer, and in the 21st century, investors, consumers, and broader civil society increasingly demand information about the human rights impact of products in the United States market. (3) Courts have also ruled that consumers do not have standing to bring a civil action in United States courts for enforcement of this provision of the Tariff Act, because the legislative intent was to protect American manufacturers from unfairly priced goods, not to protect consumers from tainted goods, consequently, there are fewer than 40 enforcement actions on record in the past 80 years. (4) Mechanisms under Federal law related to forced labor, slavery, human trafficking, and the worst forms of child labor in the stream of commerce suffer from similar problems of limited scope, broad expectations, and inability to provide information about specific supplies whose goods are tainted. (5) The United Nations Guiding Principles on Business and Human Rights affirm that business enterprises have a responsibility to respect human rights, and that States have a duty to ensure these rights are protected. Such Guiding Principles also clarify that the duty to protect against business-related human rights abuses requires States to take the necessary steps to prevent and address human rights abuses to workers through effective policies and regulation. (6) The Trafficking Victims Protection Reauthorization Act of 2003 (Public Law 108-193) together with the Trafficking Victims Protection Act of 2005 (Public Law 109-164) provide for the termination of Federal contracts where a Federal contractor or subcontractor engages in severe forms of trafficking in persons or has procured a commercial sex act during the period of time that the grant, contract, or cooperative agreement is in effect, or uses forced labor in the performance of the grant, contract, or cooperative agreement. The Trafficking Victims Protection Act of 2005 also provide United States courts with criminal jurisdiction abroad over Federal employees, contractors, or subcontractors who participate in severe forms of trafficking in persons or forced labor. (7) Executive Order 13126, Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor, Executive Order 13627, Strengthening Protections Against Trafficking In Persons In Federal Contracts, and title XVII of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239) have prohibited Federal contractors, subcontractors, and their employees from engaging in the following trafficking-related activities: charging labor recruitment fees; confiscating passports and other identity documents of workers; and using fraudulent recruitment practices, including failing to disclose basic information or making material misrepresentations about the terms and conditions of employment. Such Executive order and Acts also require Federal contractors, subcontractors, and their employees to maintain an anti-trafficking compliance plan that includes, among other elements, a complaint mechanism and procedures to prevent subcontractors at any tier from engaging in trafficking in persons. (b) Sense of Congress.--It is the sense of Congress that-- (1) forced labor, slavery, human trafficking, and the worst forms of child labor are among the most egregious forms of abuse that humans commit against each other, for the sake of commercial profit; (2) the legislative and regulatory framework to prevent goods produced by forced labor, slavery, human trafficking, and the worst forms of child labor from passing into the stream of commerce in the United States is gravely inadequate; (3) legislation is necessary to provide consumers information on products that are free of child labor, forced labor, slavery, and human trafficking; and (4) through publicly available disclosures, businesses and consumers can avoid inadvertently promoting or sanctioning these crimes through production and purchase of goods and products that have been tainted in the supply chains. SEC. 3. DISCLOSURE OF INFORMATION RELATING TO EFFORTS TO COMBAT THE USE OF FORCED LABOR, SLAVERY, TRAFFICKING IN PERSONS, OR THE WORST FORMS OF CHILD LABOR. Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following new subsection: ``(s) Disclosures Relating to Efforts To Combat the Use of Forced Labor, Slavery, Trafficking in Persons, or the Worst Forms of Child Labor.-- ``(1) Regulations.--Not later than 1 year after the date of enactment of the Global Supply Chain Transparency for Trafficking, Forced Labor, and Child Labor Eradication Act, the Commission, in consultation with the Secretary of State, shall promulgate regulations to require that any covered issuer required to file reports with the Commission under this section to include annually in such reports, a disclosure whether the covered issuer has taken any measures during the year for which such reporting is required to identify and address conditions of forced labor, slavery, human trafficking, and the worst forms of child labor within the covered issuer's supply chain, and a description of such measures taken. Such disclosure shall include, under the heading `Policies to Address Forced Labor, Slavery, Human Trafficking, and the Worst Forms of Child Labor', information describing to what extent, if any, the covered issuer conducts any of the following activities: ``(A) Whether the covered issuer maintains a policy to identify and eliminate the risks of forced labor, slavery, human trafficking, and the worst forms of child labor within the covered issuer's supply chain (such disclosure to include the text of the policy or substantive description of the elements of the policy), and actions the covered issuer has taken pursuant to or in the absence of such policy. ``(B) Whether the covered issuer maintains a policy prohibiting its employees and employees of entities associated with its supply chain for engaging in commercial sex acts with a minor. ``(C) The efforts of the covered issuer to evaluate and address the risks of forced labor, slavery, human trafficking, and the worst forms of child labor in the product supply chain. If such efforts have been made, such disclosure shall-- ``(i) describe any risks identified within the supply chain, and the measures taken toward eliminating those risks; ``(ii) specify whether the evaluation was or was not conducted by a third party; ``(iii) specify whether the process includes consultation with the independent labor organizations (as such term is defined in section 2 of the National Labor Relations Act (29 U.S.C. 152)), workers' associations, or workers within workplaces and incorporates the resulting input or written comments from such independent labor organizations, workers' associations, or workers and if so, the disclosure shall describe the entities consulted and specify the method of such consultation; and ``(iv) specify the extent to which the process covers entities within the supply chain, including entities upstream in the product supply chain and entities across lines of products or services. ``(D) The efforts of the covered issuer to ensure that audits of suppliers within the supply chain of the covered issuer are conducted to-- ``(i) investigate the working conditions and labor practices of such suppliers; ``(ii) verify whether such suppliers have in place appropriate systems to identify risks of forced labor, slavery, human trafficking, and the worst forms of child labor within their own supply chain; and ``(iii) evaluate whether such systems are in compliance with the policies of the covered issuer or efforts in absence of such policies. ``(E) The efforts of the covered issuer to-- ``(i) require suppliers in the supply chain to attest that the manufacture of materials incorporated into any product and the recruitment of labor are carried out in compliance with the laws regarding forced labor, slavery, human trafficking, and the worst forms of child labor of the country or countries in which the covered issuer is doing business; ``(ii) maintain internal accountability standards, supply chain management, and procurement systems, and procedures for employees, suppliers, contractors, or other entities within its supply chain failing to meet the covered issuer's standards regarding forced labor, slavery, human trafficking, and the worst forms of child labor, including a description of such standards, systems, and procedures; ``(iii) train the employees and management who have direct responsibility for supply chain management on issues related to forced labor, slavery, human trafficking, and the worst forms of child labor, particularly with respect to mitigating risks within the supply chains of products; and ``(iv) ensure that labor recruitment practices at all suppliers associated with the supply chain comply with the covered issuer's policies or efforts in absence of such policies for eliminating exploitive labor practices that contribute to forced labor, slavery, human trafficking, and the worst forms of child labor, including by complying with audits of labor recruiters and disclosing the results of such audits. ``(F) The efforts of the covered issuer in cases where forced labor, slavery, human trafficking, and the worst forms of child labor have been identified within the supply chain, to ensure that remedial action is provided to those who have identified as victims, including support for programs designed to prevent the recurrence of those events within the industry or sector in which they have been identified. ``(2) Requirements for availability of information.-- ``(A) In general.--The regulations promulgated under paragraph (1) shall require-- ``(i) that the required information be disclosed by the covered issuer on the Internet website of the covered issuer through a conspicuous and easily understandable link to the relevant information that shall be labeled `Global Supply Chain Transparency'; and ``(ii) if an individual submits a written request to the covered issuer for such information, that the covered issuer provides the individual with a written disclosure of the required information under this section within 30 days of the receipt of such request. ``(B) Disclosure.--The Commission shall make available to the public in a searchable format on the Commission's website-- ``(i) a list of covered issuers required to disclose any measures taken by the company to identify and address conditions of forced labor, slavery, human trafficking, and the worst forms of child labor within the covered issuer's supply chain, as required by this subsection; and ``(ii) a compilation of the information submitted under the rules issued under paragraph (1). ``(3) Definitions.--As used in this subsection-- ``(A) the term `covered issuer' means an issuer that has annual worldwide global receipts in excess of $100,000,000; ``(B) the terms `forced labor', `slavery', and `human trafficking' mean any labor practice or human trafficking activity in violation of national and international standards, including International Labor Organization Convention No. 182, the Trafficking Victims Protection Act of 2000 (Public Law 106-386), and acts that would violate the criminal provisions related to slavery and human trafficking under chapter 77 of title 18, United States Code, if they had been committed within the jurisdiction of the United States; ``(C) the terms `remediation' and `remedial action' mean the activities or systems that an issuer puts in place to address non-compliance with the standards identified through monitoring or verification, which may apply to individuals adversely affected by the non- compliant conduct or address broader systematic processes; ``(D) the term `supply chain', with respect to a covered issuer disclosing the information required under the regulations promulgated under this section, means all labor recruiters, suppliers of products, component parts of products, and raw materials used by such entity in the manufacturing of such entity's products whether or not such entity has a direct relationship with the supplier; and ``(E) the term `the worst forms of child labor' means child labor in violation of national and international standards, including International Labor Organization Convention No. 182.''. SEC. 4. DISCLOSURES ON WEBSITE OF DEPARTMENT OF LABOR. (a) In General.--The Secretary of Labor shall make available to the public in a searchable format on the Department of Labor's website-- (1) a list of companies required to disclose any measures taken by the company to identify and address conditions of forced labor, slavery, human trafficking, and the worst forms of child labor within the covered issuer's supply chain, as required by section 13(s) of the Securities Exchange Act of 1934, as added by section 3; and (2) a compilation of the information disclosed pursuant to such requirements. (b) Top 100 List.--The Secretary of Labor, in consultation with the Secretary of State and other appropriate Federal and international agencies, independent labor evaluators, and human rights groups, shall annually develop and publish on the Internet website of the Department of Labor a list of top 100 companies adhering to supply chain labor standards, as established under relevant Federal and international guidelines.

Business Supply Chain Transparency on Trafficking and Slavery Act of 2014 - Expresses the sense of Congress that: (1) legislation is necessary to provide consumers information on products that are free of child labor, forced labor, slavery, and human trafficking; and (2) businesses and consumers, by means of publicly available disclosures, can avoid inadvertently promoting or sanctioning these crimes through production and purchase of goods and products that have been tainted in the supply chains. Amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC), within one year after enactment of the Global Supply Chain Transparency for Trafficking, Forced Labor, and Child Labor Eradication Act, to promulgate regulations requiring that mandatory annual reports include a disclosure whether the covered issuer has taken any measures during the year to identify and address conditions of forced labor, slavery, human trafficking, and the worst forms of child labor within the issuer's supply chains. Requires any business entity filing such disclosures to make them available on its Internet website. Directs the Secretary of Labor to develop and publish annually on the Internet website of the Department of Labor a list of top 100 companies adhering to supply chain labor standards, as established under federal and international guidelines.

Business Supply Chain Transparency on Trafficking and Slavery Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Offshore Fracking Transparency and Review Act of 2015''. SEC. 2. MORATORIUM ON OFFSHORE FRACTURING AND ACID WELL STIMULATION TREATMENT. Notwithstanding the terms of any lease or permit issued before the date of the enactment of this Act, no person may engage in hydraulic fracturing or acid well stimulation treatment in the Pacific Outer Continental Shelf Region until the Secretary of the Interior has published a report under section 3 and issued a final environmental impact statement under section 4. SEC. 3. STUDY OF CONDUCT AND IMPACTS OF HYDRAULIC FRACTURING AND ACID WELL STIMULATION IN THE PACIFIC OCS REGION. (a) In General.--To ensure the relevant agencies' data incorporate the latest science and practices of the oil and gas industry, the Secretary of the Interior shall conduct a study of the conduct and impacts of hydraulic fracturing and acid well stimulation treatments in the Pacific Outer Continental Shelf Region. (b) Included Topics.--The study shall include, but shall not be limited to-- (1) preparation of a descriptive inventory of all chemicals used in offshore oil and gas development and production activities in the Pacific Outer Continental Shelf Region, including chemicals used in hydraulic fracturing and acid well stimulation treatments; (2) the volumes of chemicals used and disposed of in such activities; (3) the risks of a spill of such chemicals; (4) an analysis of the methods by which such chemicals enter the environment during hydraulic fracturing and acid well stimulation treatments; (5) a quantification, to the extent possible, of the amount of such chemicals that enter the environment during hydraulic fracturing and acid well stimulation treatments; and (6) any other related matters the Secretary determines necessary. (c) Report.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to Congress and publish a report on the study conducted under this section. SEC. 4. ENVIRONMENTAL IMPACT STATEMENT. Not later than 18 months after the issuance of the report under section 3, the Secretary of the Interior shall, in coordination with the Environmental Protection Agency and in consultation with appropriate State agencies, issue an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) regarding the impacts on the marine environment and public health of offshore hydraulic fracturing and acid well stimulation treatments conducted in the Pacific Outer Continental Shelf Region. SEC. 5. PUBLIC NOTICE. The Secretary shall notify all relevant State and local regulatory agencies and publish a notice in the Federal Register-- (1) within 30 days after receiving any application for a permit that would allow the conduct of offshore hydraulic fracturing or an acid well stimulation treatment in the Pacific Outer Continental Shelf Region; and (2) within 30 days after the conduct of offshore hydraulic fracturing or acid well stimulation treatment in such region under a permit or other authorization issued by the Secretary. SEC. 6. COMPILATION AND DISCLOSURE OF ACTIVITIES. (a) In General.--The Secretary of the Interior shall compile and maintain a list of all offshore hydraulic fracturing and acid well stimulation treatments that have taken place, or that take place after the enactment of this Act, in the Pacific Outer Continental Shelf Region. (b) Included Information.--For each instance of offshore hydraulic fracturing or an acid well stimulation treatment, the Secretary shall include on the list-- (1) the date the offshore hydraulic fracturing or acid well stimulation treatment was conducted; (2) the location where the offshore hydraulic fracturing or acid well stimulation treatment was conducted; (3) the chemicals used, including identification of the chemical constituents of mixtures, Chemical Abstracts Service numbers for each chemical and constituent, material safety data sheets if available, and the amount of each chemical used; (4) the total volume of fluid used in the hydraulic fracturing or acid well stimulation treatment; (5) the volume of wastewater generated during the hydraulic fracturing or acid well stimulation treatment and the manner in which it was disposed of; and (6) the intended purpose and results of the offshore hydraulic fracturing or acid well stimulation treatments. (c) Unavailable Information.--If any information listed in subsection (b) is not available for a given instance of offshore hydraulic fracturing or acid well stimulation treatment, the Secretary shall note the absence of the information and provide an explanation of why the information is not available. (d) Public Availability.--The Secretary shall make the list created under subsection (b) available to the public, including by publishing it on the Internet site of the Department of the Interior. SEC. 7. DEFINITIONS. In this Act: (1) Hydraulic fracturing.--The term ``hydraulic fracturing'' means an operation conducted in an individual wellbore designed to increase the flow of hydrocarbons from a rock formation to the wellbore through modifying the permeability of reservoir rock by fracturing it, except that such term does not include enhanced secondary recovery, including water flooding, tertiary recovery, and other types of well stimulation operations. (2) Acid well stimulation treatment.--The term ``acid well stimulation treatment''-- (A) means a well stimulation treatment that uses, in whole or in part, the application of one or more acids to the well or underground geologic formation; and (B) includes-- (i) such stimulation treatment at any applied pressure or in combination with hydraulic fracturing treatments or other well stimulation treatments; (ii) acid treatments conducted at pressures lower than the applied pressure necessary to fracture the underground geologic formation (commonly referred to as acid matrix stimulation treatments); and (iii) acid fracturing treatments.

Offshore Fracking Transparency and Review Act of 2015 This bill prohibits both hydraulic fracturing and acid well stimulation treatment in the Pacific Outer Continental Shelf Region until the Secretary of the Interior has: (1) reported to Congress on the conduct and impacts of hydraulic fracturing and acid well stimulation treatments in the Region; and (2) issued, in coordination with the Environmental Protection Agency, a final environmental impact statement regarding the impacts upon the marine environment and public health of offshore hydraulic fracturing and acid well stimulation treatments conducted in such Region. The Secretary must notify all relevant state and local regulatory agencies and publish in the Federal Register within 30 days: (1) receipt of any application for a permit that would allow either offshore hydraulic fracturing or acid well stimulation treatment in the Region; and (2) the conduct of offshore hydraulic fracturing or acid well stimulation treatment in the Region pursuant to a permit or other authorization issued by the Secretary. The Secretary shall also maintain and publicize a list of all offshore hydraulic fracturing and acid well stimulation treatments that have taken place in the Region or that take place after enactment of this Act.

Offshore Fracking Transparency and Review Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Family Relief Act''. SEC. 2. CONTINUATION OF BENEFITS THROUGH MONTH OF BENEFICIARY'S DEATH. (a) Old-Age Insurance Benefits.--Section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking ``the month preceding'' in the matter following subparagraph (B). (b) Wife's Insurance Benefits.-- (1) In general.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which she dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J). (2) Conforming amendments.--Section 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (c) Husband's Insurance Benefits.-- (1) In general.--Section 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which he dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendments.--Section 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)'', respectively. (d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended-- (1) by striking ``and ending with the month'' in the matter immediately preceding subparagraph (D) and inserting ``and ending with the month in which such child dies or (if earlier) with the month''; and (2) by striking ``dies, or'' in subparagraph (D). (e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: she remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which she dies or (if earlier) with the month preceding the first month in which she remarries or''. (f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: he remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which he dies or (if earlier) with the month preceding the first month in which he remarries''. (g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of such Act (42 U.S.C. 402(g)(1)) is amended-- (1) by inserting ``with the month in which he or she dies or (if earlier)'' after ``and ending'' in the matter following subparagraph (F); and (2) by striking ``he or she remarries, or he or she dies'' and inserting ``or he or she remarries''. (h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: such parent dies, marries,'' in the matter following subparagraph (E) and inserting ``ending with the month in which such parent dies or (if earlier) with the month preceding the first month in which such parent marries, or such parent''. (i) Disability Insurance Benefits.--Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month preceding whichever of the following months is the earliest: the month in which he dies,'' in the matter following subparagraph (D) and inserting the following: ``ending with the month in which he dies or (if earlier) with the month preceding the earlier of'' and by striking the comma after ``216(l))''. (j) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the month preceding'' in the matter following paragraph (4). SEC. 3. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT. (a) Old-Age and Survivors Insurance Benefits.--Section 202 of the Social Security Act (42 U.S.C. 402) is amended by adding at the end the following new subsection: ``Last Payment of Monthly Insurance Benefit Terminated by Death ``(y) The amount of any individual's monthly insurance benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. (b) Disability Insurance Benefits.--Section 223 of such Act (42 U.S.C. 423) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(j) The amount of any individual's monthly benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. (c) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228 of such Act (42 U.S.C. 428) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(i) The amount of any individual's monthly benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. SEC. 4. DISREGARD OF BENEFIT FOR MONTH OF DEATH UNDER FAMILY MAXIMUM PROVISIONS. Section 203(a) of the Social Security Act (42 U.S.C. 403(a)) is amended by adding at the end the following new paragraph: ``(10) Notwithstanding any other provision of this Act, in applying the preceding provisions of this subsection (and determining maximum family benefits under column V of the table in or deemed to be in section 215(a) as in effect in December 1978) with respect to the month in which the insured individual's death occurs, the benefit payable to such individual for that month shall be disregarded.''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring after the month in which this Act is enacted.

Provides that such individual's benefit shall be payable for such month only in proportion to the number of days preceding the date of death. Provides for disregard of such benefits for the month of death in determining maximum family benefits.

Social Security Family Relief Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Temporary Worker Registration and Visa Act of 2005''. SEC. 2. ISSUANCE OF TEMPORARY WORKER VISA FOR CERTAIN UNDOCUMENTED WORKER REGISTRANTS. (a) In General.--The Immigration and Nationality Act is amended by inserting after section 245A (8 U.S.C. 1255a) the following new section: ``SEC. 245B. ISSUANCE OF TEMPORARY WORKER VISA FOR CERTAIN UNDOCUMENTED WORKER REGISTRANTS. ``(a) Registration Process for Certain Undocumented Workers.-- ``(1) In general.--The Secretary of Homeland Security shall register under this subsection an alien if the alien demonstrates to the satisfaction of the Secretary that the alien meets the following requirements: ``(A) Application.-- ``(i) In general.--The alien applies for such registration in a form and manner specified by the Secretary during the registration period under clause (ii). ``(ii) Registration period.--The registration period under this clause shall be a 12-month period beginning on a date (not later than 180 days after the enactment of this section) designated by the Secretary. ``(B) Continuous unlawful presence.-- ``(i) In general.--The alien has been continuously unlawfully present in the United States from January 1, 2005, through the date the application under subparagraph (A) is filed. ``(ii) Unlawful presence not known.--The alien's unlawful presence in the United States is not known to officials of the Bureau of Immigration and Customs Enforcement of the Department of Homeland Security (as evidenced by documentary records) at any time prior to the alien's application for registration under this subsection. ``(iii) Treatment of brief, casual, and innocent absences.--An alien shall not be considered to have failed to have maintained continuous physical presence in the United States for purposes of clause (i) by virtue of brief, casual, and innocent absences from the United States or a brief, temporary trip abroad required by emergency or extenuating circumstances outside the control of the alien ``(iv) No authorization of admission.-- Nothing in this section shall be construed as authorizing an alien to apply for admission to, or to be admitted to, the United States in order to register under this subsection. ``(C) Nonimmigrants.-- ``(i) In general.--In the case of an alien who entered the United States as a nonimmigrant before the date specified in subparagraph (B)(i), the alien's period of authorized stay as a nonimmigrant expired through the passage of time before such date. ``(ii) Exchange visitors.--If the alien was at any time a nonimmigrant exchange alien (as described in section 101(a)(15)(J)), the alien was not subject to the two-year foreign residence requirement of section 212(e) or has fulfilled that requirement or received a waiver thereof. ``(D) Admissible as temporary worker.--The alien-- ``(i) is admissible to the United States as an immigrant, except as otherwise provided under paragraph (3), and is not inadmissible under paragraph (2) or (3) of section 212(a) or deportable under paragraph (2)(A)(iii) or (4) of section 237(a); ``(ii) has not been convicted of any felony or of three or more misdemeanors committed in the United States; and ``(iii) has not assisted in the persecution of any person or persons on account of race, religion, nationality, membership in a particular social group, or political opinion. ``(E) Biometric identifiers.--The alien provides the Secretary with such biometric identifiers as the Secretary may require for the issuance of a visa, in accordance with section 303(b)(1) of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1732(b)(1)). ``(F) Registration fee.--The alien has paid such registration fee as the Secretary shall specify. ``(G) Abandonment of other applications for relief.--The alien has withdrawn or has otherwise abandoned or terminated any other application for relief from removal under any law, which may have been pending prior to the submission of the application under subparagraph (A), and the alien has permanently relinquished the opportunity subsequently to submit any other such application for relief. ``(H) Employment in the united states.-- ``(i) In general.--Except as provided in clause (ii), the alien was employed on a full- time basis in the United States since the date specified in subparagraph (B)(i). ``(ii) Exception for spouses and minor children of registrants.--Clause (i) shall not apply in the case of an alien who is the spouse or minor child of an alien who is registered (or in the process of registering) under this subsection. ``(2) Benefits of registration.-- ``(A) Work authorization.-- ``(i) In general.--The Secretary shall authorize an alien who is registered under this subsection to engage in employment in the United States during the term of the alien's registration and shall provide the alien with an `employment authorized' endorsement or other appropriate document signifying authorization of employment. ``(ii) Granting upon prima facie showing of eligibility.--In the case of an alien who applies for registration under this subsection and who establishes a prima facie case of eligibility to be so registered, the Secretary shall provide such alien with the employment authorization described in clause (i) during the pendency of such application. ``(3) Waiver of certain grounds for removal.-- ``(A) In general.--Except as provided in this paragraph, the provisions of subparagraphs (A) and (B) of subsection (d)(2) of section 245A shall apply to determinations of eligibility for registration under this subsection in the same manner as they apply to determinations of admissibility for purposes of such section. ``(B) Modification of reference.--In applying subparagraph (A), any reference in section 245A(d)(2)(A) to section 212(a)(7)(A) is deemed a reference to section 212(a)(7)(B). ``(C) Inapplicability of certain grounds for subsequent removal.--For purposes of obtaining the benefits described in this subsection, and for purposes of any other determination under the immigration laws of the United States, any ground for removal or denial of admission (including grounds under sections 212(a)(6)(A) and 212(a)(9)(B)) applicable to an alien registered under this subsection shall be disregarded if the ground is reflected in the records of the Department of Homeland Security or the Department of State on the date on which the alien first applied for such registration and if such ground is waived under this paragraph. ``(4) Termination of registration.-- ``(A) Expiration.--Except as provided in subparagraph (B), the period of registration of an alien under this section shall expire at the end of the 6-month period beginning on the date of the approval of such registration. ``(B) Termination of registration.--The Secretary of Homeland Security shall provide for the termination of registration of an alien under this subsection-- ``(i) if it appears to the Secretary that the alien was in fact not eligible for such registration; or ``(ii) if the alien commits an act that makes the alien inadmissible to the United States as a nonimmigrant under section 101(a)(15)(W). ``(b) Provision of Temporary Worker Visa.-- ``(1) In general.--The Secretary of Homeland Security shall approve the issuance of a visa to an alien as a nonimmigrant described in section 101(a)(15)(W) if the alien-- ``(A) is registered under subsection (a); and ``(B) makes application for such visa at an appropriate consular office outside the United States in the alien's country of nationality or, in the case of an alien having no nationality, in the alien's country of last habitual residence outside the United States, not later than 6 months after the date of approval of such registration. ``(2) Period of authorized admission.-- ``(A) In general.--Subject to subparagraph (B), the initial period of authorized admission as a nonimmigrant described in section 101(a)(15)(W) shall be 3 years. ``(B) Employment required to maintain status.-- ``(i) In general.--An alien's admission as a nonimmigrant under section 101(a)(15)(W), other than as the spouse or child of such a nonimmigrant, is conditioned upon continuous employment in the United States. ``(ii) Short breaks in employment permitted with notice.-- An alien does not violate clause (i) if-- ``(I) the break in employment does not exceed 30 days (or such longer period as the Secretary may provide based on extraordinary circumstances); and ``(II) the Secretary is provided notice in a timely manner of the break in employment and of the resumption of employment. ``(C) Extension.-- ``(i) In general.--The period of authorized admission as a nonimmigrant under section 101(a)(15)(W) may be extended by the Secretary in 3-year increments. The Secretary may not authorize such extension for an alien if the alien violated subparagraph (B) for the previous period of authorized admission. ``(ii) Extension fee.-- The Secretary shall impose a fee on applicants for an extension under clause (i). ``(D) Termination of nonimmigrant status.--The Secretary of Homeland Security shall provide for the termination of nonimmigrant status granted an alien under this subsection if it appears to the Secretary that the alien was in fact not eligible for registration under subsection (a). ``(c) Application of Certain Provisions.-- ``(1) Confidentiality and false statement.--The provisions of paragraphs (5) and (6) of subsection (c) of section 245A shall apply to applications for registration under subsection (a) in the same manner as they applied to applications for adjustment under section 245A. ``(2) Temporary stay of deportation.--The provisions of subsection (e)(1) of section 245A shall apply to aliens with respect to the application period and registration under subsection (a) in the same manner as they applied to the application period and applications for adjustment under subsection (a) of such section. ``(d) Construction.-- ``(1) Limited follow-to-join authority for family members.--Nothing in this section shall be construed as authorizing, in the case of an alien registered under subsection (a)-- ``(A) the registration of any family member of such alien unless such family member meets the requirements for such registration; or ``(B) the issuance of a nonimmigrant visa under section 101(a)(15)(W) to such family member unless such family member qualifies for such a visa. ``(2) Change in nonimmigrant classification; adjustment of status.--Nothing in this section shall be construed as prohibiting the change of nonimmigrant classification, or adjustment to lawful permanent resident status, of an alien who is a nonimmigrant described in section 101(a)(15)(W).''. (b) New Nonimmigrant Visa Category.--Section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)) is amended-- (1) in subparagraph (U), by striking ``or'' at the end; (2) in subparagraph (V), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(W) an alien who is coming temporarily to the United States to be employed in accordance with subsection (b) of section 245B, and the spouse and minor children of such alien if accompanying or following to join the alien and qualified under paragraph (1) of such subsection to be provided nonimmigrant status under this subparagraph.''. (c) Clerical Amendment.--The table of contents for such Act is amended by inserting after the item relating to section 245A the following: ``Sec. 245B. Issuance of temporary worker visa for certain undocumented worker registrants.''.

Temporary Worker Registration and Visa Act of 2005 - Amends the Immigration and Nationality Act to provide for issuance of a temporary (initial three-year period with three-year extensions) worker visa (W-visa) for qualifying aliens who have been continuously unlawfully present and working full-time in the United States from January 1, 2005 through the application date provided for under this Act. Conditions such admission on the alien worker's continuous employment. Limits family member follow-to-join admissions to situations where the family member meets registration or W-visa requirements.

To amend the Immigration and Nationality Act to provide certain undocumented workers with temporary work visas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Climate Change Security Oversight Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the National Oceanic and Atmospheric Administration, in 2007 the average annual temperature in the United States and around the global is approximately 1.0 degree Fahrenheit warmer than at the start of the 20th century, and the rate of warming has accelerated during the past 30 years, increasing globally since the mid-1970s. The fourth assessment report of the Intergovernmental Panel on Climate Change has predicted that the Earth will warm 0.72 degrees Fahrenheit during the next 2 decades with current emission trends. (2) The annual national security strategy report submitted pursuant to section 108 of the National Security Act of 1947 (50 U.S.C. 404a) for 2006 states that the United States faces new security challenges, including ``environmental destruction, whether caused by human behavior or cataclysmic mega-disasters such as floods, hurricanes, earthquakes, or tsunamis. Problems of this scope may overwhelm the capacity of local authorities to respond, and may even overtax national militaries, requiring a larger international response. These challenges are not traditional national security concerns, such as the conflict of arms or ideologies. But if left unaddressed they can threaten national security.''. (3) According to the fourth assessment report of the Intergovernmental Panel on Climate Change, average temperature increases of between 2 and 4 degrees Celsius over preindustrial levels are projected to cause the sea level to rise by between 2 and 4 meters by 2100 due to melting of the Greenland and Antarctic ice sheets. (4) In 2007, more than 200,000,000 people live in coastal floodplains around the world and 2,000,000 square kilometers of land and an estimated $1,000,000,000,000 worth of assets are less than a 1-meter elevation above sea level. (5) An estimated 1,700,000,000 people in the world live in areas where water is scarce and in 25 years that population is projected to increase to 5,400,000,000. Climate change will impact the hydrological cycle and change the location, time of year, and intensity of water availability. (6) The report of the World Health Organization entitled ``The World Health Report 2002: Reducing Risks and Promoting Healthy Life'' states that ``Effects of climate change on human health can be expected to be mediated through complex interactions of physical, ecological, and social factors. These effects will undoubtedly have a greater impact on societies or individuals with scarce resources, where technologies are lacking, and where infrastructure and institutions (such as the health sector) are least able to adapt.''. (7) Environmental changes relating to global climate change represent a potentially significant threat multiplier for instability around the world as changing precipitation patterns may exacerbate competition and conflict over agricultural, vegetative, and water resources and displace people, thus increasing hunger and poverty and causing increased pressure on fragile countries. (8) The strategic, social, political, and economic consequences of global climate change are likely to have a greater adverse effect on less developed countries with fewer resources and infrastructures that are less able to adjust to new economic and social pressures, and where the margin for governance and survival is thin. (9) The consequences of global climate change represent a clear and present danger to the security and economy of the United States. (10) A failure to recognize, plan for, and mitigate the strategic, social, political, and economic effects of a changing climate will have an adverse impact on the national security interests of the United States. SEC. 3. NATIONAL INTELLIGENCE ESTIMATE ON GLOBAL CLIMATE CHANGE. (a) Requirement for National Intelligence Estimate.-- (1) In general.--Except as provided in paragraph (2), not later than 270 days after the date of enactment of this Act, the Director of National Intelligence shall submit to Congress a National Intelligence Estimate on the anticipated geopolitical effects of global climate change and the implications of such effects on the national security of the United States. (2) Notice regarding submittal.--If the Director of National Intelligence determines that the National Intelligence Estimate required by paragraph (1) cannot be submitted by the date set out in that paragraph, the Director shall notify Congress and provide-- (A) the reasons that the National Intelligence Estimate cannot be submitted by such date; and (B) an estimated date for the submittal of the National Intelligence Estimate. (b) Content.--The Director of National Intelligence shall prepare the National Intelligence Estimate required by this section using the mid-range projections of the fourth assessment report of the Intergovernmental Panel on Climate Change-- (1) to assess the political, social, agricultural, and economic risks during the 30-year period beginning on the date of enactment of this Act posed by global climate change for countries or regions that are-- (A) of strategic economic or military importance to the United States and at risk of significant impact due to global climate change; or (B) at significant risk of large-scale humanitarian suffering with cross-border implications as predicted on the basis of the assessments; (2) to assess other risks posed by global climate change, including increased conflict over resources or between ethnic groups, within countries or transnationally, increased displacement or forced migrations of vulnerable populations due to inundation or other causes, increased food insecurity, and increased risks to human health from infectious disease; (3) to assess the capabilities of the countries or regions described in subparagraph (A) or (B) of paragraph (1) to respond to adverse impacts caused by global climate change; (4) to assess the strategic challenges and opportunities posed to the United States by the risks described in paragraph (1); (5) to assess the security implications and opportunities for the United States economy of engaging, or failing to engage successfully, with other leading and emerging major contributors of greenhouse gas emissions in efforts to reduce emissions and adopt mitigation and adaptation strategies, including transitioning from reliance upon finite fossil fuels such as imported petroleum and natural gas to clean domestic renewable energy sources; and (6) to make recommendations for further assessments of security consequences of global climate change that would improve national security planning. (c) Coordination.--In preparing the National Intelligence Estimate under this section, the Director of National Intelligence shall consult with representatives of the scientific community, including atmospheric and climate studies, security studies, conflict studies, economic assessments, and environmental security studies, the Secretaries of Defense, State, Treasury, Commerce, Energy, Agriculture, and Transportation, the Federal Reserve Board, and the United States Trade Representative, the Administrator of the National Oceanographic and Atmospheric Administration, the Administrator of the National Aeronautics and Space Administration, the Administrator of the Environmental Protection Agency, and, if appropriate, multilateral institutions and allies of the United States that have conducted significant research on global climate change. (d) Form.--The National Intelligence Estimate required by this section shall be submitted in unclassified form, to the extent consistent with the protection of intelligence sources and methods, and include unclassified key judgments of the National Intelligence Estimate. Such National Intelligence Estimate may include a classified annex. SEC. 4. RESPONSE TO THE NATIONAL INTELLIGENCE ESTIMATE. (a) Report by the Secretary of Defense.--Not later than 270 days after the date that the National Intelligence Estimate required by section 3 is submitted to Congress, the Secretary of Defense shall submit to the the Committee on Appropriations, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the United States House of Representatives and Committee on Appropriations, the Committee on Armed Services, and the Select Committee on Intelligence of the United States Senate a report on-- (1) the projected impact on the military installations and capabilities of the United States of the effects of global climate change as assessed in the National Intelligence Estimate; (2) the projected impact on United States military operations of the effects of global climate change described in the National Intelligence Estimate; and (3) recommended research and analysis needed to further assess the impacts on the military of global climate change. (b) Sense of Congress on the Next Quadrennial Defense Review.--It is the sense of Congress that the Secretary of Defense should address the findings of the National Intelligence Estimate required by section 3 regarding the impact of global climate change and potential implications of such impact on the Armed Forces and for the size, composition, and capabilities of Armed Forces in the next Quadrennial Defense Review. (c) Report by the Secretary of State.--Not later than 270 days after the date that the National Intelligence Estimate required by section 3 is submitted to Congress, the Secretary of State shall submit to the Committee on Appropriations, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the United States House of Representatives and the Committee on Appropriations, the Committee on Foreign Relations, and the Select Committee on Intelligence of the United States Senate a report that addresses-- (1) the potential for large migration flows in countries of strategic interest or humanitarian concern as a response to changes in climate and the implications for United States security interests; and (2) the potential for diplomatic opportunities and challenges facing United States policy makers as a result of social, economic, or political responses of groups or nations to global changing climate. SEC. 5. AUTHORIZATION OF RESEARCH. (a) In General.--The Secretary of Defense is authorized to carry out research on the impacts of global climate change on military operations, doctrine, organization, training, material, logistics, personnel, and facilities and the actions needed to address those impacts. Such research may include-- (1) the use of war gaming and other analytical exercises; (2) analysis of the implications for United States defense capabilities of large-scale Arctic sea-ice melt and broader changes in Arctic climate; (3) analysis of the implications for United States defense capabilities of abrupt climate change; (4) analysis of the implications of the findings derived from the National Intelligence Estimate required in section 3 Act for United States defense capabilities; (5) analysis of the strategic implications for United States defense capabilities of direct physical threats to the United States posed by extreme weather events such as hurricanes; and (6) analysis of the existing policies of the Department of Defense to assess the adequacy of the Department's protections against climate risks to United States capabilities and military interests in foreign countries. (b) Report.--Not later than 2 years after the date that the National Intelligence Estimate required by section 3 is submitted to Congress, the Secretary of Defense shall submit to Congress a report on the results of the research, war games, and other activities carried out pursuant to subsection (a). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this Act.

Global Climate Change Security Oversight Act - Requires the Director of National Intelligence to submit to Congress a National Intelligence Estimate on the anticipated geopolitical effects of global climate change and the implications of such effects on U.S. national security. Requires the Director to prepare the estimate using the mid-range projections of the fourth assessment report of the Intergovernmental Panel on Climate Change to make assessments and recommendation concerning the risks posed by global warming and the security implications, opportunities, and consequences of global warming. Requires the Secretary of Defense to report to Congress on the projected impact on the military installations, capabilities, and operations of the effects of global climate change as assessed in the estimate and to recommend research and analysis needed to further assess the impacts on the military of global climate change as assessed in the estimate. Expresses the sense of Congress that the Secretary should address the findings of the estimate regarding the impact of global climate change and potential implications of such impact on the Armed Forces and for the size, composition, and capabilities of Armed Forces in the next Quadrennial Defense Review. Requires the Secretary of State to report to Congress on the potential for: (1) large migration flows in countries of strategic interest or humanitarian concern as a response to changes in climate and the implications for U.S. security interests; and (2) diplomatic opportunities and challenges facing U.S. policy makers as a result of social, economic, or political responses of groups or nations to global changing climate. Authorizes the Secretary of Defense to research the impacts of global climate change on military operations, doctrine, organization, training, material, logistics, personnel, and facilities, and the actions needed to address those impacts.

To address security risks posed by global climate change, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Quality Incentive Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Recent research on early brain development reveals that much of a child's growth is determined by early learning and nurturing care. Research also shows that quality early care and education leads to increased cognitive abilities, positive classroom learning behavior, increased likelihood of long-term school success, and greater likelihood of long-term economic and social self-sufficiency. (2) Each day an estimated 13,000,000 children, including 6,000,000 infants and toddlers, spend some part of their day in child care. However, a study in 4 States found that only 1 in 7 child care centers provide care that promotes healthy development, while 1 in 8 child care centers provide care that threatens the safety and health of children. (3) Full-day child care can cost $4,000 to $10,000 per year. (4) Although Federal assistance is available for child care, funding is severely limited. Even with Federal subsidies, many families cannot afford child care. For families with young children and a monthly income under $1,200, the cost of child care typically consumes 25 percent of their income. (5) Payment (or reimbursement) rates, the maximum the State will reimburse a child care provider for the care of a child who receives a subsidy, are too low to ensure that quality care is accessible to all families. (6) Low payment rates directly affect the kind of care children get and whether families can find quality child care in their communities. In many instances, low payment rates force child care providers to cut corners in ways that lower the quality of care for children, including reducing number of staff, eliminating staff training opportunities, and cutting enriching educational activities and services. (7) Children in low quality child care are more likely to have delayed reading and language skills, and display more aggression toward other children and adults. (8) Increased payment rates lead to higher quality child care as child care providers are able to attract and retain qualified staff, provide salary increases and professional training, maintain a safe and healthy environment, and purchase basic supplies and developmentally appropriate educational materials. (b) Purpose.--The purpose of this Act is to improve the quality of, and access to, child care by increasing child care payment rates. SEC. 3. INCENTIVE GRANTS TO IMPROVE THE QUALITY OF CHILD CARE. (a) Funding.--Section 658B of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended-- (1) by striking ``There'' and inserting the following: ``(a) Authorization of Appropriations.--There''; and (2) by adding at the end the following: ``(b) Appropriation of Funds for Grants To Improve the Quality of Child Care.--Out of any funds in the Treasury that are not otherwise appropriated, there are authorized to be appropriated and there are appropriated, for each of fiscal years 2000 through 2004, $300,000,000 for the purpose of making grants under section 658H.''. (b) Grants To Improve the Quality of Child Care.--The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended by inserting after section 658G the following: ``SEC. 658H. GRANTS TO IMPROVE THE QUALITY OF CHILD CARE. ``(a) Authority.-- ``(1) In general.--The Secretary shall use the amount appropriated under section 658B(b) for a fiscal year to make grants to eligible States in accordance with this section. ``(2) Annual payments.--The Secretary shall make annual payments to each eligible State out of the allotment for that State determined under subsection (c). ``(b) Eligible States.-- ``(1) In general.--In this section, the term `eligible States' means a State that-- ``(A) has conducted a survey of the market rates for child care services in the State within the 2 years preceding the date of the submission of an application under paragraph (2); and ``(B) submits an application in accordance with paragraph (2). ``(2) Application.-- ``(A) In general.--To be eligible to receive a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, in addition to the information required under subparagraph (B), as the Secretary may require. ``(B) Information required.--Each application submitted for a grant under this section shall-- ``(i) detail the methodology and results of the State market rates survey conducted pursuant to paragraph (1)(A); ``(ii) describe the State's plan to increase payment rates from the initial baseline determined under clause (i); and ``(iii) describe how the State will increase payment rates in accordance with the market survey findings. ``(3) Continuing eligibility requirement.--The Secretary may make an annual payment under this section to an eligible State only if-- ``(A) the Secretary determines that the State has made progress, through the activities assisted under this subchapter, in maintaining increased payment rates; and ``(B) at least once every 2 years, the State conducts an update of the survey described in paragraph (1)(A). ``(4) Requirement of matching funds.-- ``(A) In general.--To be eligible to receive a grant under this section, the State shall agree to make available State contributions from State sources toward the costs of the activities to be carried out by a State pursuant to subsection (d) in an amount that is not less than 25 percent of such costs. ``(B) Determination of state contributions.--State contributions shall be in cash. Amounts provided by the Federal Government may not be included in determining the amount of such State contributions. ``(c) Allotments to Eligible States.--The amount appropriated under section 658B(b) for a fiscal year shall be allotted among the eligible States in the same manner as amounts are allotted under section 658O(b). ``(d) Use of Funds.-- ``(1) Priority use.--An eligible State that receives a grant under this section shall use the funds received to significantly increase the payment rate for the provision of child care assistance in accordance with this subchapter up to the 100th percentile of the market rate survey described in subsection (b)(1)(A). ``(2) Additional uses.--An eligible State that demonstrates to the Secretary that the State has achieved a payment rate of the 100th percentile of the market rate survey described in subsection (b)(1)(A) may use funds received under a grant made under this section for any other activity that the State demonstrates to the Secretary will enhance the quality of child care services provided in the State. ``(3) Payment rate.--In this section, the term `payment rate' means the rate of reimbursement to providers for subsidized child care. ``(4) Supplement not supplant.--Amounts paid to a State under this section shall be used to supplement and not supplant other Federal, State, or local funds provided to the State under this subchapter or any other provision of law. ``(e) Evaluations and Reports.-- ``(1) State evaluations.--Each eligible State shall submit to the Secretary, at such time and in such form and manner as the Secretary may require, information regarding the State's efforts to increase payment rates and the impact increased rates are having on the quality of, and accessibility to, child care in the State. ``(2) Reports to congress.--The Secretary shall submit biennial reports to Congress on the information described in paragraph (1). Such reports shall include data from the applications submitted under subsection (b)(2) as a baseline for determining the progress of each eligible State in maintaining increased payment rates.''.

Child Care Quality Incentive Act of 1999 - Amends the Child Care and Development Block Grant Act of 1990 to establish a program of incentive grants to improve the quality of, and access to, child care by increasing child care payment rates. Authorizes appropriations. Directs the Secretary of Health and Human Services to make such grants to eligible States from specified allotments. Conditions a State's initial eligibility on its having surveyed the market rates for child care services in the State within the two years preceding submission of its application. Authorizes the Secretary to make an annual payment to an eligible State only if: (1) the Secretary determines that the State has made progress, through the assisted activities, in maintaining increased payment rates; and (2) the State updates such survey at least once every two years. Requires the State, to be eligible to receive such a grant, to agree to make available State contributions in cash from State sources toward at least 25 percent of the costs of priority required activities and additional authorized activities. Requires an eligible State that receives such a grant to make priority use of such funds to increase significantly (up to the 100th percentile of the market rate survey) the rate of reimbursement to providers for subsidized child care. Allows an eligible State, if it demonstrates to the Secretary that it has achieved such a payment rate for provision of child care assistance of the 100th percentile of the market rate survey, to use grant funds for any additional activity it demonstrates will enhance the quality of child care services. Requires evaluation reports by States to the Secretary, as well as biennial reports by the Secretary to the Congress.

Child Care Quality Incentive Act of 1999

SECTION 1. 100 PERCENT CAPITAL GAINS DEDUCTION. (a) General Rule.--Section 1201 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 1201. CAPITAL GAINS DEDUCTION. ``(a) General Rule.--If for any taxable year a taxpayer has a net capital gain, 100 percent of such gain shall be a deduction from gross income. ``(b) Estates and Trusts.--In the case of an estate or trust, the deduction shall be computed by excluding the portion (if any) of the gains for the taxable year from sales or exchanges of capital assets which, under sections 652 and 662 (relating to inclusions of amounts in gross income of beneficiaries of trusts), is includible by the income beneficiaries as gain derived from the sale or exchange of capital assets. ``(c) Coordination With Treatment of Capital Gain Under Limitation on Investment Interest.--For purposes of this section, the net capital gain for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer takes into account as investment income under section 163(d)(4)(B)(iii). ``(d) Transitional Rules.-- ``(1) In general.--In the case of a taxable year which includes January 1, 1997-- ``(A) the amount taken into account as the net capital gain under subsection (a) shall not exceed the net capital gain determined by only taking into account gains and losses properly taken into account for the portion of the taxable year on or after January 1, 1997, and ``(B) the amount of the net capital gain taken into account in applying section 1(h) for such year shall be reduced by the amount taken into account under subparagraph (A) for such year. ``(2) Special rules for pass-thru entities.-- ``(A) In general.--In applying paragraph (1) with respect to any pass-thru entity, the determination of when gains and losses are properly taken into account shall be made at the entity level. ``(B) Pass-thru entity defined.--For purposes of subparagraph (A), the term `pass-thru entity' means-- ``(i) a regulated investment company, ``(ii) a real estate investment trust, ``(iii) an S corporation, ``(iv) a partnership, ``(v) an estate or trust, and ``(vi) a common trust fund.'' (b) Deduction Allowable in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code is amended by inserting after paragraph (16) the following new paragraph: ``(17) Long-term capital gains.--The deduction allowed by section 1201.'' (c) Technical and Conforming Changes.-- (1) Section 1 of such Code is amended by striking subsection (h). (2) Section 12 of such Code is amended by striking paragraph (4) and redesignating the following paragraphs accordingly. (3)(A) Subsection (a) of section 57 of such Code is amended by striking paragraph (7). (B) Subclause (II) of section 53(d)(1)(B)(ii) of such Code is amended by striking ``, (5), and (7)'' and inserting ``and (5)''. (4) The first sentence of paragraph (1) of section 170(e) of such Code is amended by striking ``reduced by the sum of--'' and all that follows and inserting ``reduced by the amount of gain which would not have been long-term capital gain if the property contributed had been sold by the taxpayer at its fair market value (determined at the time of such contribution).'' (5) Paragraph (2) of section 172(d) of such Code is amended to read as follows: ``(2) Capital gains and losses.-- ``(A) Losses of taxpayers other than corporations.--In the case of a taxpayer other than a corporation, the amount deductible on account of losses from sales or exchanges of capital assets shall not exceed the amount includible on account of gains from sales or exchanges of capital assets. ``(B) Deduction for capital gains.--The deduction under section 1201 shall not be allowed.'' (6) The last sentence of section 453A(c)(3) of such Code is amended by striking all that follows ``long-term capital gain,'' and inserting ``the deduction under section 1201 shall be taken into account.'' (7) Paragraph (2) of section 468B(b) of such Code is amended by inserting ``the deduction allowed by section 1201 and by'' after ``reduced by''. (8) Paragraph (2) of section 527(b) of such Code is hereby repealed. (9) Subparagraph (A) of section 641(d)(2) of such Code is amended by striking ``Except as provided in section 1(h), the'' and inserting ``The''. (10) Paragraph (4) of section 642(c) of such Code is amended to read as follows: ``(4) Adjustments.--To the extent that the amount otherwise allowable as a deduction under this subsection consists of gain from the sale or exchange of capital assets held for more than 1 year, proper adjustment shall be made for any deduction allowable to the estate or trust under section 1201 (relating to capital gains deduction). In the case of a trust, the deduction allowed by this subsection shall be subject to section 681 (relating to unrelated business income).'' (11) The last sentence of section 643(a)(3) of such Code is amended to read as follows: ``The deduction under section 1201 (relating to capital gains deduction) shall not be taken into account.'' (12) Subparagraph (C) of section 643(a)(6) of such Code is amended by inserting ``(i)'' before ``there shall'' and by inserting before the period ``, and (ii) the deduction under section 1201 (relating to capital gains deduction) shall not be taken into account''. (13) Paragraph (4) of section 691(c) of such Code is amended by striking ``1(h),''. (14) Paragraph (2) of section 801(a) of such Code is hereby repealed. (15) Subsection (c) of section 831 of such Code is amended by striking paragraph (1) and redesignating the following paragraphs accordingly. (16)(A) Paragraph (3) of section 852(b) of such Code is amended by striking subparagraph (A). (B) Subparagraph (D) of section 852(b)(3) of such Code is amended-- (i) in clause (i) by striking ``shall not exceed'' and all that follows and inserting ``shall not exceed that part of the excess (if any) of the net capital gain over the deduction for dividends paid (as defined in section 561 and determined with reference to capital gain dividends only) which he would have received if all of such amount had been distributed as capital gain dividends by the company to the holders of such shares at the close of its taxable year.'', and (ii) by striking clauses (ii), (iii), and (iv) and redesignating clause (v) as clause (ii). (17)(A) Paragraph (2) of section 857(b) of such Code is amended by adding at the end the following new subparagraph: ``(G) There shall be excluded the amount of the net capital gain, if any.'' (B) Paragraph (3) of section 857(b) of such Code is amended by striking subparagraph (A). (C) Subparagraph (C) of section 857(b)(3) of such Code is amended by striking ``the excess described in subparagraph (A)(ii) of this paragraph'' and inserting ``the excess (if any) of the net capital gain over the deduction for dividends paid (as defined in section 561 and determined with reference to capital gain dividends only)''. (18) The second sentence of section 871(a)(2) of such Code is amended by striking ``1202'' and inserting ``1201''. (19) Paragraph (1) of section 882(a) of such Code is amended by striking ``section 11, 55, 59A, or 1201(a)'' and inserting ``section 11, 55, or 59A''. (20)(A) Paragraph (2) of section 904(b) of such Code is amended to read as follows: ``(2) Capital gains.--Taxable income from sources outside the United States shall include gain from the sale or exchange of capital assets only to the extent of foreign source capital gain net income.'' (B) Paragraph (3) of section 904(b) of such Code is amended by striking subparagraphs (B), (D), and (E) and by redesignating subparagraph (C) as subparagraph (B). (21) Section 1202 of such Code is hereby repealed. (22) Subsection (b) of section 1374 of such Code is amended by striking paragraph (4). (23) Subsection (b) of section 1381 of such Code is amended by striking ``or 1201''. (24) Paragraph (1) of section 1402(i) of such Code is amended by inserting ``, and the deduction provided by section 1201 shall not apply'' before the period at the end thereof. (25) Subsection (e) of section 1445 of such Code is amended-- (A) in paragraph (1) by striking ``35 percent (or, to the extent provided in regulations, 28 percent)'' and inserting ``the rate specified by the Secretary'', and (B) in paragraph (2) by striking ``35 percent'' and inserting ``the rate specified by the Secretary''. (26) Clause (i) of section 6425(c)(1)(A) of such Code is amended by striking ``or 1201(a)''. (27) Clause (i) of section 6655(g)(1)(A) of such Code is amended by striking ``or 1201(a)''. (28)(A) The second sentence of section 7518(g)(6)(A) of such Code is amended to read as follows: ``No tax shall be imposed under the preceding sentence with respect to the portion of any nonqualified withdrawal made out of the capital gain account.'' (B) The second sentence of section 607(h)(6)(A) of the Merchant Marine Act, 1936, is amended to read as follows: ``No tax shall be imposed under the preceding sentence with respect to the portion of any nonqualified withdrawal made out of the capital gain account.'' (29) The table of sections for part I of subchapter P of chapter 1 of such Code is amended to read as follows: ``Sec. 1201. Capital gains deduction.'' (d) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years ending after December 31, 1996. (2) Repeal of section 1(h).--The amendment made by subsection (c)(1) shall apply to taxable years beginning after January 1, 1997. (3) Contributions.--The amendment made by subsection (c)(4) shall apply only to contributions on or after January 1, 1997. (4) Withholding.--The amendment made by subsection (c)(25) shall apply only to amounts paid after the date of the enactment of this Act. (5) Coordination with prior transition rule.--Any amount treated as long-term capital gain by reason of paragraph (3) of section 1122(h) of the Tax Reform Act of 1986 shall not be taken into account for purposes of applying section 1201 of the Internal Revenue Code of 1986 (as added by this section).

Amends the Internal Revenue Code to replace provisions relating to an alternative tax for corporations on capital gains with provisions making 100 percent of the net capital gain of a taxpayer a deduction from gross income. Provides for the treatment of estates and trusts. Requires reducing net capital gain by the amount the taxpayer takes into account as investment income under specified provisions.

To amend the Internal Revenue Code of 1986 to provide that no capital gains tax shall apply to individuals or corporations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Retirement Income Policy Act of 1993''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the Commission on Retirement Income Policy (in this Act referred to as the ``Commission''). SEC. 3. DUTIES. (a) In General.--The Commission shall conduct a full and complete review and study of-- (1) trends in retirement savings in the United States; (2) existing Federal incentives and programs that are established to encourage and protect such savings; and (3) new Federal incentives and programs that are needed to encourage and protect such savings. (b) Specific Issues.--In fulfilling the duty described in subsection (a), the Commission shall address-- (1) the amount and sources of Federal and private funds, including tax expenditures (as defined in section 3 of the Congressional Budget Act of 1974 (2 U.S.C. 622)), needed to finance the incentives and programs referred to in subsection (a)(2) and any new Federal incentive or program that the Commission recommends be established; (2) the most efficient and effective manner, considering the needs of retirement plan sponsors for simplicity, reasonable cost, and appropriate incentives, of ensuring that individuals in the United States will have adequate retirement savings; (3) the amounts of retirement income that future retirees will need to replace various levels of preretirement income, including amounts necessary to pay for medical and long-term care; (4) the workforce and demographic trends that affect the pensions of future retirees; (5) the role of retirement savings in the economy of the United States; (6) sources of retirement income other than private pensions that are available to individuals in the United States; and (7) the shift away from insured and qualified pension benefits in the United States. (c) Recommendations.-- (1) In general.--The Commission shall formulate recommendations based on the review and study conducted under subsection (a). The recommendations shall include measures that address the needs of future retirees for-- (A) appropriate pension plan coverage and other mechanisms for saving for retirement; (B) an adequate retirement income; (C) preservation of benefits they accumulate by participating in pension plans; (D) information concerning pension plan benefits; and (E) procedures to resolve disputes involving such benefits. (2) Effect on federal budget deficit.--A recommendation of the Commission for a new Federal incentive or program that would result in an increase in the Federal budget deficit shall not appear in the report required under section 7 unless it is accompanied by a recommendation for offsetting the increase. SEC. 4. MEMBERSHIP. (a) Number and Appointment.-- (1) In general.--The Commission shall be composed of 18 members appointed not later than 90 days after the date of the enactment of this Act. The Commission shall consist of the following members: (A) 4 individuals appointed by the President. (B) 7 individuals appointed by the Speaker of the House of Representatives. (C) 7 individuals appointed by the President pro tempore of the Senate. (2) Consultation with minority leaders.--3 of the appointments made under paragraph (1)(B) shall be made in consultation with the minority leader of the House of Representatives. 3 of the appointments made under paragraph (1)(C) shall be made in consultation with the minority leader of the Senate. (3) Qualifications.--The individuals referred to in paragraph (1) shall be Members of the Congress, leaders of business or labor, distinguished academics, or other individuals with distinctive qualifications or experience. (b) Terms.--Each member shall be appointed for the life of the Commission. (c) Vacancies.--A vacancy in the Commission shall be filled not later than 90 days after the date of the creation of the vacancy in the manner in which the original appointment was made. (d) Compensation.-- (1) Rates of pay.--Except as provided in paragraph (2), members of the Commission shall serve without pay. (2) Travel expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Quorum.--10 members of the Commission shall constitute a quorum, but 6 members may hold hearings, take testimony, or receive evidence. (f) Chairperson.--The chairperson of the Commission shall be elected by a majority vote of the members of the Commission. (g) Meetings.--The Commission shall meet at the call of the chairperson of the Commission. (h) Decisions.--Decisions of the Commission shall be made according to the vote of not less than a majority of the members who are present and voting at a meeting called pursuant to subsection (g). SEC. 5. STAFF AND SUPPORT SERVICES. (a) Executive Director.--The Commission shall have an executive director appointed by the Commission. The Commission shall fix the pay of the executive director. (b) Staff.--The Commission may appoint and fix the pay of additional personnel as it considers appropriate. (c) Applicability of Certain Civil Service Laws.--The executive director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (d) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates the Commission determines to be appropriate. (e) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of the agency to the Commission to assist it in carrying out its duties under this Act. (f) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. SEC. 6. POWERS. (a) Hearings and Sessions.-- (1) In general.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (2) Public hearings.--The Commission may hold public hearings to receive the views of a broad spectrum of the public on the status of the private retirement system of the United States. (b) Delegation of Authority.--Any member, committee, or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Information.-- (1) Information from federal agencies.-- (A) In general.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out this Act. Upon request of the Commission, the head of the Federal agency shall furnish the information to the Commission. (B) Exception.--Subparagraph (A) shall not apply to any information that the Commission is prohibited to secure or request by another law. (2) Public surveys.--The Commission may conduct the public surveys necessary to enable it to carry out this Act. In conducting such surveys, the Commission shall not be considered an agency for purposes of chapter 35 of title 44, United States Code. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (e) Contract and Procurement Authority.--The Commission may make purchases, and may contract with and compensate government and private agencies or persons for property or services, without regard to-- (1) section 3709 of the Revised Statutes (41 U.S.C. 5); and (2) title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.). (f) Gifts.--The Commission may accept, use, and dispose of gifts of services or property, both real and personal, for the purpose of assisting the work of the Commission. Gifts of money and proceeds from sales of property received as gifts shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. For purposes of Federal income, estate, and gift taxes, property accepted under this subsection shall be considered as a gift to the United States. (g) Volunteer Services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary. SEC. 7. REPORT. Not later than December 31, 1993, the Commission shall submit a report to the President, the majority and minority leaders of the Senate, and the majority and minority leaders of the House of Representatives. The report shall review the matters that the Commission is required to study under section 3 and shall set forth the recommendations of the Commission. SEC. 8. TERMINATION. The Commission shall terminate not later than the expiration of the 90-day period beginning on the date on which the Commission submits its report under section 7.

Commission on Retirement Income Policy Act of 1993 - Establishes the Commission on Retirement Income Policy. Directs the Commission to study and report to the President and Congress on: (1) trends in retirement savings in the United States; (2) existing Federal incentives and programs to encourage and protect such savings; and (3) new Federal incentives and programs needed for such purpose. Requires the Commission to address specified issues and to include in its recommendation measures addressing specified needs of future retirees. Terminates the Commission within 90 days after submission of such report.

Commission on Retirement Income Policy Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Manufacturing Advisory Council Establishment Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) Manufacturing is a critical component of the economy of the United States. (2) A strong manufacturing sector is important to maintaining a desirable standard of living for all United States citizens. (3) United States manufacturers can compete globally as long as they are not subjected to anti-competitive trade practices. (4) The United States manufacturing industry is presently facing many challenges, both domestic and international. (5) The President would benefit from regular, informed advice from a variety of sources within the Unites States manufacturing sector, including representatives of small and mid-sized businesses, on policies that affect manufacturing. SEC. 3. ESTABLISHMENT. There is established a council to be known as the ``President's Council of Advisors on Manufacturing''. SEC. 4. DUTIES. The duties of the Council shall be-- (1) to advise the President on policy matters affecting the domestic manufacturing sector; (2) to assist in the development of policies that will-- (A) reduce production costs within the manufacturing sector, (B) promote the competitiveness of products manufactured in the United States in international markets, (C) encourage innovation, investment, and productivity in the manufacturing sector, and (D) ensure an adequate supply of skilled workers in the manufacturing sector; and (3) to assist the Secretary of Commerce in securing private sector involvement for Department of Commerce activities. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Council shall be composed of 25 members appointed by the President as follows: (1) 1 member shall be an officer or employee of the Federal Government. (2) 24 members shall be individuals who-- (A) are not officers or employees of the Federal Government; (B) have expertise in manufacturing; and (C) represent businesses of various sizes and industries within the manufacturing sector. (b) Continuation of Membership.--If a member was appointed to the Council as an officer or employee of the Federal Government and the member ceases to be an officer or employee of the Federal Government, or was appointed to the Council because the member was not an officer or employee of the Federal Government and later becomes an officer or employee of the Federal Government, that member may continue as a member for not longer than the 90-day period beginning on the date that the member ceases to be an officer or employee of the Federal Government, or becomes such an officer or employee, as the case may be. (c) Terms.-- (1) In general.--Each member shall be appointed for a term of 2 years, except as provided in paragraphs (2) and (3). (2) Terms of initial appointees.--As designated by the President at the time of appointment, of the members first appointed-- (A) 8 shall be appointed for terms of 4 years; (B) 8 shall be appointed for terms of 3 years; (C) 8 shall be appointed for terms of 2 years; and (D) the member appointed under subsection (a)(1) shall be appointed for a term of 2 years. (3) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. (d) Deadline for Appointment.--The appointments of the members of the Council shall be made no later than 90 days after the date of the enactment of this Act. (e) Co-chairs.--The co-chairs of the Council shall be the member appointed under subsection (a)(1) and one member appointed under subsection (a)(2) who is designated by the President at the time of appointment. (f) Meetings.-- (1) First meeting.--The Council shall hold its first meeting on a date designated by the co-chairs which is not later than 30 days after the date on which all members have been appointed. (2) Subsequent meetings.--After the first meeting, the Council shall meet at least semi-annually upon the call of the co-chairs. (g) No Compensation for Service.--The members shall serve on the Council without compensation. (h) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. SEC. 6. POWERS OF THE COUNCIL. (a) Information and Advice.--As the Council finds appropriate, the Council may seek information and advice from persons who are not members of the Council. (b) Obtaining Official Data.--The Council may secure directly from any agency of the United States information necessary to enable it to carry out this Act. Upon the request of either co-chair, the head of that department or agency shall furnish that information to the Council. (c) Mails.--The Council may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. SEC. 7. ADMINISTRATION. (a) Expenses.--Any expenses incurred by the Council shall be paid from the funds available to the Assistant Secretary of Commerce responsible for manufacturing and services, as determined by the Secretary of Commerce. (b) Administrative Services.--The Assistant Secretary of Commerce responsible for manufacturing and services, as determined by the Secretary of Commerce, shall provide any administrative support services required by the Council. SEC. 8. NO TERMINATION. Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Council.

Manufacturing Advisory Council Establishment Act of 2004 - Establishes the President's Council of Advisors on Manufacturing to: (1) advise the President on policy matters affecting the domestic manufacturing sector; (2) develop policies that will reduce manufacturing production costs, promote the international competitiveness of U.S.-manufactured products, encourage innovation, investment and productivity in the manufacturing sector, and ensure an adequate supply of skilled manufacturing workers; and (3) assist the Secretary of Commerce in securing private sector involvement for Department of Commerce activities. States that provisions of the Federal Advisory Committee Act relating to the termination of advisory committees shall not apply to the Council.

To establish the President's Council of Advisors on Manufacturing.

SECTION 1. RESTORATION OF IMPORT AND ENTRY AGRICULTURAL INSPECTION FUNCTIONS TO THE DEPARTMENT OF AGRICULTURE. (a) Repeal of Transfer of Functions.--Section 421 of the Homeland Security Act of 2002 (6 U.S.C. 231) is repealed. (b) Conforming Amendment to Function of Secretary of Homeland Security.--Section 402 of the Homeland Security Act of 2002 (6 U.S.C. 202) is amended-- (1) by striking paragraph (7); and (2) by redesignating paragraph (8) as paragraph (7). (c) Transfer Agreement.-- (1) In general.--Not later than the effective date described in subsection (g), the Secretary of Agriculture and the Secretary of Homeland Security shall enter into an agreement to effectuate the return of functions required by the amendments made by this section. (2) Use of certain employees.--The agreement may include authority for the Secretary of Agriculture to use employees of the Department of Homeland Security to carry out authorities delegated to the Animal and Plant Health Inspection Service regarding the protection of domestic livestock and plants. (d) Restoration of Department of Agriculture Employees.--Not later than the effective date described in subsection (e), all full-time equivalent positions of the Department of Agriculture transferred to the Department of Homeland Security under section 421(g) of the Homeland Security Act of 2002 (6 U.S.C. 231(g)) (as in effect on the day before the effective date described in subsection (g)) shall be restored to the Department of Agriculture. (e) Authority of APHIS.-- (1) Establishment of program.--The Secretary of Agriculture shall establish within the Animal and Plant Health Inspection Service a program, to be known as the ``International Agricultural Inspection Program'', under which the Administrator of the Animal and Plant Health Inspection Service (referred to in this subsection as the ``Administrator'') shall carry out import and entry agricultural inspections. (2) Information gathering and inspections.--In carrying out the program under paragraph (1), the Administrator shall have full access to-- (A) each secure area of any terminal for screening passengers or cargo under the control of the Department of Homeland Security on the day before the date of enactment of this Act for purposes of carrying out inspections and gathering information; and (B) each database (including any database relating to cargo manifests or employee and business records) under the control of the Department of Homeland Security on the day before the date of enactment of this Act for purposes of gathering information. (3) Inspection alerts.--The Administrator may issue inspection alerts, including by indicating cargo to be held for immediate inspection. (4) Inspection user fees.--The Administrator may, as applicable-- (A) continue to collect any agricultural quarantine inspection user fee; and (B) administer any reserve account for the fees. (5) Career track program.-- (A) In general.--The Administrator shall establish a program, to be known as the ``import and entry agriculture inspector career track program'', to support the development of long-term career professionals with expertise in import and entry agriculture inspection. (B) Strategic plan and training.--In carrying out the program under this paragraph, the Administrator, in coordination with the Secretary of Agriculture, shall-- (i) develop a strategic plan to incorporate import and entry agricultural inspectors into the infrastructure protecting food, fiber, forests, bioenergy, and the environment of the United States from animal and plant pests, diseases, and noxious weeds; and (ii) as part of the plan under clause (i), provide training for import and entry agricultural inspectors participating in the program not less frequently than once each year to improve inspection skills. (f) Duties of Secretary.-- (1) In general.--The Secretary of Agriculture (referred to in this subsection as the ``Secretary'') shall-- (A) develop standard operating procedures for inspection, monitoring, and auditing relating to import and entry agricultural inspections, in accordance with recommendations from the Comptroller General of the United States and reports of interagency advisory groups, as applicable; and (B) ensure that the Animal and Plant Health Inspection Service has a national electronic system with real-time tracking capability for monitoring, tracking, and reporting inspection activities of the Service. (2) Federal and state cooperation.-- (A) Communication system.--The Secretary shall develop and maintain an integrated, real-time communication system with respect to import and entry agricultural inspections to alert State departments of agriculture of significant inspection findings of the Animal and Plant Health Inspection Service. (B) Advisory committee.-- (i) Establishment.--The Secretary shall establish a committee, to be known as the ``International Trade Inspection Advisory Committee'' (referred to in this subparagraph as the ``committee''), to advise the Secretary on policies and other issues relating to import and entry agricultural inspection. (ii) Model.--In establishing the committee, the Secretary shall use as a model the Agricultural Trade Advisory Committee. (iii) Membership.--The committee shall be composed of members representing-- (I) State departments of agriculture; (II) directors of ports and airports in the United States; (III) the transportation industry; (IV) the public; and (V) such other entities as the Secretary determines to be appropriate. (3) Report.--Not less frequently than once each year, the Secretary shall submit to Congress a report containing an assessment of-- (A) the resource needs for import and entry agricultural inspection, including the number of inspectors required; (B) the adequacy of-- (i) inspection and monitoring procedures and facilities in the United States; and (ii) the strategic plan developed under subsection (e)(5)(B)(i); and (C) new and potential technologies and practices, including recommendations regarding the technologies and practices, to improve import and entry agricultural inspection. (4) Funding.--The Secretary shall pay the costs of each import and entry agricultural inspector employed by the Animal and Plant Health Inspection Service-- (A) from amounts made available to the Department of Agriculture for the applicable fiscal year; or (B) if amounts described in subparagraph (A) are unavailable, from amounts of the Commodity Credit Corporation. (g) Effective Date.--The amendments made by this section take effect on the date that is 180 days after the date of enactment of this Act.

Amends the Homeland Security Act to repeal the transfer of agricultural import and entry inspection functions from the Department of Agriculture to the Department of Homeland Security (DHS). Directs the Secretary of Agriculture to establish within the Animal and Plant Health Inspection Service the international agricultural inspection program to carry out import and entry agricultural inspections.

A bill to restore import and entry agricultural inspection functions to the Department of Agriculture.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hire, Train, Retain Act of 2011''. SEC. 2. FINDINGS. The Congress finds the following: (1) As of June 2011 9.2 percent of all Americans eligible to work were unemployed, or 14.1 million people. (2) There are millions of workers who were displaced during the recent ``Great Recession'' who need to be re-trained so that they can re-integrate into the workforce. According to the bi-annual Displaced Workers Survey, the unemployment rate was 4.5 percent in 2007 before spiking to nearly 10 percent in 2010. (3) Often overlooked are the 982,000 discouraged workers, people who are not looking for work because they do not believe that they are qualified for any available jobs. (4) Paradoxically, there are enough jobs available to employ just over 20 percent of these persons--there were 3.0 million job openings on the last business day of May 2011 according to the Bureau of Labor Statistics. (5) The disconnect is that many people searching for work lack the job-specific skills that they need to be competitive for many of these vacancies. Specifically, technology is outpacing the country's current approach to job-related education and training. The difference between white collar and blue collar jobs is fading because traditionally ``blue collar jobs'' are more specialized than ever before. SEC. 3. PAYROLL TAX FORGIVENESS FOR HIRING AND TRAINING WORKERS. (a) In General.--Section 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Special Exemption for Certain Individuals Hired in Between 2011 and 2015.-- ``(1) In general.--During the period beginning on the day after the date of the enactment of this subsection and ending on December 31, 2015, subsection (a) shall not apply to wages paid by a qualified employer with respect to employment of any qualified individual for services performed-- ``(A) in a trade or business of such qualified employer, or ``(B) in the case of a qualified employer exempt from tax under section 501(a), in furtherance of the activities related to the purpose or function constituting the basis of the employer's exemption under section 501. ``(2) Qualified employer.--For purposes of this subsection-- ``(A) In general.--The term `qualified employer' means any employer other than the United States, any State, or any political subdivision thereof, or any instrumentality of the foregoing that provides a qualified job training program for or on behalf its employees. ``(B) Treatment of employees of post-secondary educational institutions.--Notwithstanding subparagraph (A), the term `qualified employer' includes any employer which is a public institution of higher education (as defined in section 101(b) of the Higher Education Act of 1965). ``(3) Qualified individual.--For purposes of this subsection, the term `qualified individual' means any individual who-- ``(A) begins employment with a qualified employer after the date of the enactment of this subsection and before January 1, 2016, ``(B) certifies by signed affidavit, under penalties of perjury, that such individual has not been employed for more than 40 hours during the 60-day period ending on the date such individual begins such employment, ``(C) certifies by signed affidavit, under penalties of perjury, that such individual has satisfactorily completed a qualified job training program, ``(D) is not employed by the qualified employer to replace another employee of such employer unless such other employee separated from employment voluntarily or for cause, and ``(E) is not an individual described in section 51(i)(1) (applied by substituting `qualified employer' for `taxpayer' each place it appears). ``(4) Qualified job training program.--For purposes of this subsection, the term `qualified job training program' means-- ``(A) a program provided by a qualified employer that is in-house and is specific training for available jobs at such employer, or ``(B) a program under which a qualified employer partners with a public institution of higher education (as defined in section 101(b) of the Higher Education Act of 1965) to provide specific training for available jobs at such employer. ``(5) Election.--A qualified employer may elect to have this subsection not apply. Such election shall be made in such manner as the Secretary may require.''. (b) Coordination With Work Opportunity Credit.--Section 51(c) of such Code is amended by adding at the end the following new paragraph: ``(6) Coordination with payroll tax forgiveness for hiring and training workers.--The term `wages' shall not include any amount paid or incurred to a qualified individual (as defined in section 3111(e)(3)) during the 1-year period beginning on the hiring date of such individual by a qualified employer (as defined in section 3111(e)) unless such qualified employer makes an election not to have section 3111(e) apply.''. (c) Transfers to Federal Old-Age and Survivors Insurance Trust Fund.--There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by subsection (a). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers that would have occurred to such Trust Fund had such amendments not been enacted. (d) Application to Railroad Retirement Taxes.-- (1) In general.--Section 3221 of the Internal Revenue Code of 1986 is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ``(d) Special Rate for Certain Individuals Hired in Between 2011 and 2015.-- ``(1) In general.--In the case of compensation paid by a qualified employer during the period beginning on the day after the date of the enactment of this subsection and ending on December 31, 2015, with respect to having a qualified individual in the employer's employ for services rendered to such qualified employer, the applicable percentage under subsection (a) shall be equal to the rate of tax in effect under section 3111(b) for the calendar year. ``(2) Qualified employer.--For purposes of this subsection, the term `qualified employer' means any employer other than the United States, any State, or any political subdivision thereof, or any instrumentality of the foregoing that provides a qualified job training program for or on behalf its employees. ``(3) Qualified individual.--For purposes of this subsection, the term `qualified individual' means any individual who-- ``(A) begins employment with a qualified employer after the date of the enactment of this subsection and before January 1, 2016, ``(B) certifies by signed affidavit, under penalties of perjury, that such individual has not been employed for more than 40 hours during the 60-day period ending on the date such individual begins such employment, ``(C) certifies by signed affidavit, under penalties of perjury, that such individual has satisfactorily completed a qualified job training program, ``(D) is not employed by the qualified employer to replace another employee of such employer unless such other employee separated from employment voluntarily or for cause, and ``(E) is not an individual described in section 51(i)(1) (applied by substituting `qualified employer' for `taxpayer' each place it appears). ``(4) Qualified job training program.--For purposes of this subsection, the term `qualified job training program' means-- ``(A) a program provided by a qualified employer that is in-house and is specific training for available jobs at such employer, or ``(B) a program under which a qualified employer partners with a public institution of higher education (as defined in section 101(b) of the Higher Education Act of 1965) to provide specific training for available jobs at such employer. ``(5) Election.--A qualified employer may elect to have this subsection not apply. Such election shall be made in such manner as the Secretary may require.''. (2) Transfers to social security equivalent benefit account.--There are hereby appropriated to the Social Security Equivalent Benefit Account established under section 15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(a)) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by paragraph (1). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Account had such amendments not been enacted. (e) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this subsection shall apply to wages paid after the date of the enactment of this Act. (2) Railroad retirement taxes.--The amendments made by subsection (d) shall apply to compensation paid after the date of the enactment of this Act. SEC. 4. BUSINESS CREDIT FOR RETENTION OF CERTAIN NEWLY HIRED INDIVIDUALS IN 2011. (a) In General.--In the case of any taxable year ending after the date of the enactment of this Act, the current year business credit determined under section 38(b) of the Internal Revenue Code of 1986 for such taxable year shall be increased, with respect to each retained worker with respect to which subsection (b)(2) is first satisfied during such taxable year, by the lesser of-- (1) $1,000, or (2) 6.2 percent of the wages (as defined in section 3401(a) of such Code) paid by the taxpayer to such retained worker during the 52 consecutive week period referred to in subsection (b)(2). (b) Retained Worker.--For purposes of this section, the term ``retained worker'' means any qualified individual (as defined in section 3111(e)(3) or section 3221(d)(3) of the Internal Revenue Code of 1986)-- (1) who was employed by the taxpayer on any date during the taxable year, (2) who was so employed by the taxpayer for a period of not less than 52 consecutive weeks, and (3) whose wages (as defined in section 3401(a)) for such employment during the last 26 weeks of such period equaled at least 80 percent of such wages for the first 26 weeks of such period. (c) Employer Staffing and Payroll Must Increase.--No amount shall be allowed as a credit under this section to an employer for a taxable year unless the employer has a net increase for the taxable year in those who work at least 20 hours per week for the employer during the taxable year and the amount of its payroll during the taxable year. (d) Limitation on Carrybacks.--No portion of the unused business credit under section 38 of the Internal Revenue Code of 1986 for any taxable year which is attributable to the increase in the current year business credit under this section may be carried to a taxable year beginning before the date of the enactment of this section. (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. (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 benefits that would have been provided to residents of such 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 to the residents of such possession. (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 against United States income taxes for any taxable year determined under subsection (a) shall be taken into account with respect to any person-- (A) to whom a credit is allowed against taxes imposed by the possession 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, the term ``possession of the United States'' includes the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana 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.

Hire, Train, Retain Act of 2011 - Amends the Internal Revenue Code to: (1) allow non-governmental employers an exemption from, or reduction in, employment taxes during the period beginning on the enactment of this Act and ending on December 31, 2015, for hiring certain unemployed individuals who are trained by such employers in a qualified job training program (an in-house program providing specific training for available jobs offered by such employers), and (2) allow an employer an increase in the business-related tax credit for each worker retained by such employer who was employed on any date during the taxable year for a period of not less than 52 consecutive weeks.

To amend the Internal Revenue Code of 1986 to provide tax incentives to employers for providing training programs for jobs specific to the needs of the employers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Families Act''. SEC. 2. PERMANENT RESIDENT STATUS FOR IMMEDIATE FAMILY MEMBERS OF ACTIVE DUTY MILITARY SERVICE PERSONNEL. (a) In General.--The Secretary of Homeland Security or the Attorney General shall adjust the status of an alien described in subsection (b) to that of an alien lawfully admitted for permanent residence if the alien-- (1) applies for such adjustment; (2) is admissible to the United States as an immigrant, except as provided in subsection (d); (3) pays a fee in an amount determined by the Secretary for the processing of such application (unless such fee is waived by the Secretary); and (4) is physically present in the United States. (b) Aliens Eligible for Adjustment of Status.--The benefits provided under subsection (a) shall only apply to an alien who is-- (1) a parent, spouse, child, son, or daughter (and their spouse, child, son, or daughter, if any) of-- (A) a living Armed Forces member described in subsection (c); or (B) a deceased Armed Forces member described in subsection (c) if-- (i) the Armed Forces member died as a result of injury or disease incurred in or aggravated by the Armed Forces member's service; and (ii) the alien applies for such adjustment-- (I) if the death of the Armed Forces member occurred prior to the date of the enactment of this Act, not later than 2 years after the date of such enactment; or (II) if the death of the Armed Forces member occurred after the date of the enactment of this Act, not later than 2 years after the death of the Armed Forces member; or (2) a son or daughter described in paragraph (1) or (3) of section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)) who has a Filipino parent who was naturalized pursuant to section 405 of the Immigration Act of 1990 (8 U.S.C. 1440 note). (c) Armed Forces Member Defined.--In this section, the term ``Armed Forces member'' means any person who-- (1) is, or was at the time of the person's death described in subsection (b)(1)(B)(i), a United States citizen or lawfully admitted for permanent residence; (2) is serving, or has served honorably on or after October 7, 2001, as a member of the National Guard or the Selected Reserve of the Ready Reserve, or in an active-duty status in the military, air, or naval forces of the United States; and (3) if separated from the service described in paragraph (2), was separated under honorable conditions. (d) Waiver of Certain Grounds of Inadmissibility.-- (1) In general.--The provisions of paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply to adjustment of status under this Act. (2) Additional waivers.--The Secretary of Homeland Security or the Attorney General may waive any other provision of section 212(a) of such Act (other than paragraph (2)(C) and subparagraphs (A), (B), (C), (E), and (F) of paragraph (3)) with respect to an adjustment of status under this Act-- (A) for humanitarian purposes; (B) to assure family unity; or (C) if such waiver is otherwise in the public interest. (e) Record of Adjustment.--Upon the approval of an application for adjustment of status under this Act, the Secretary of Homeland Security shall create a record of the alien's admission as an alien lawfully admitted for permanent residence. (f) No Offset in Number of Visas Available.-- (1) In general.--If an alien is lawfully admitted for permanent residence under this Act, the Secretary of State shall not reduce the number of immigrant visas authorized to be issued under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (2) Exemption from direct numerical limitations.--Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following: ``(F) Aliens who are described in paragraph (1) or (3) of section 203(a) and have a Filipino parent who was naturalized pursuant to section 405 of the Immigration Act of 1990 (8 U.S.C. 1440 note).''.

Military Families Act - Directs the Secretary of Homeland Security or the Attorney General to adjust the status of an eligible alien to that of an alien lawfully admitted for permanent residence if the alien: (1) applies for adjustment (with a time limit for an alien applying as a family member of a deceased Armed Forces member); (2) is admissible to the United States as an immigrant; (3) pays the application fee (unless waived); and (4) is physically present in the United States. Applies such provision to an alien who is: (1) a parent, spouse, child, son, or daughter (and their spouse, child, son, or daughter, if any) of a living Armed Forces member or of a deceased Armed Forces member who died as a result of service-incurred injury or disease; or (2) a son or daughter of a Filipino parent who was naturalized based upon active duty World War II service in the Philippine Army, Philippine Scouts, or a recognized guerilla unit. Defines "Armed Forces member" as a person who: (1) is, or was at the time of the person's death, a U.S. citizen or lawfully admitted permanent resident; (2) is serving, or has served honorably on or after October 7, 2001, as a member of the National Guard or the Selected Reserve of the Ready Reserve, or in an active-duty status in the U.S. military; and (3) if separated from service was separated under honorable conditions. Waives specified grounds of inadmissibility and authorizes the waiver of additional grounds of inadmissibility.

A bill to authorize the adjustment of status for immediate family members of persons who served honorably in the Armed Forces of the United States during the Afghanistan and Iraq conflicts and for other purposes.

SECTION 1. GRANT OF FEDERAL CHARTER TO AMERICAN MILITARY RETIREES ASSOCIATION. (a) Grant of Charter.--Part B of subtitle II of title 36, United States Code, is amended by inserting after chapter 1403 the following new chapter: ``CHAPTER 1404--AMERICAN MILITARY RETIREES ASSOCIATION ``Sec. ``140401. Organization. ``140402. Purposes. ``140403. Membership. ``140404. Governing body. ``140405. Powers. ``140406. Restrictions. ``140407. Tax-exempt status required as condition of charter. ``140408. Records and inspection. ``140409. Service of process. ``140410. Liability for acts of officers and agents. ``140411. Annual report. ``140412. Definition. ``Sec. 140401. Organization ``(a) Federal Charter.--American Military Retirees Association (in this chapter, the `corporation'), a nonprofit organization that meets the requirements for a veterans service organization under section 501(c)(19) of the Internal Revenue Code of 1986 and is organized under the laws of the State of New York, is a federally chartered corporation. ``(b) Expiration of Charter.--If the corporation does not comply with the provisions of this chapter, the charter granted by subsection (a) shall expire. ``Sec. 140402. Purposes ``(a) General.--The purposes of the corporation are as provided in its bylaws and articles of incorporation and include-- ``(1) encouraging military retirees to band together to protect earned benefits by educating on benefits available; and ``(2) advocating for the protection of earned benefits through active monitoring of legislation in Congress and the policies and proposals of the Department of Defense and the Department of Veterans Affairs. ``Sec. 140403. Membership ``Eligibility for membership in the corporation, and the rights and privileges of members of the corporation, are as provided in the bylaws of the corporation. ``Sec. 140404. Governing body ``(a) Board of Directors.--The composition of the board of directors of the corporation, and the responsibilities of the board, are as provided in the articles of incorporation and bylaws of the corporation. ``(b) Officers.--The positions of officers of the corporation, and the election of the officers, are as provided in the articles of incorporation and bylaws. ``Sec. 140405. Powers ``The corporation has only those powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated. ``Sec. 140406. Restrictions ``(a) Stock and Dividends.--The corporation may not issue stock or declare or pay a dividend. ``(b) Distribution of Income or Assets.--The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member of the corporation during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or employee of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors. ``(c) Loans.--The corporation may not make a loan to a director, officer, employee, or member of the corporation. ``(d) Claim of Governmental Approval or Authority.--The corporation may not claim congressional approval or the authority of the United States Government for any of its activities. ``(e) Corporate Status.--The corporation shall maintain its status as a corporation incorporated under the laws of the Commonwealth of Virginia. ``Sec. 140407. Tax-exempt status required as condition of charter ``If the corporation fails to maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986, the charter granted under this chapter shall terminate. ``Sec. 140408. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete records of account; ``(2) minutes of the proceedings of the members, board of directors, and committees of the corporation having any of the authority of the board of directors of the corporation; and ``(3) at the principal office of the corporation, a record of the names and addresses of the members of the corporation entitled to vote on matters relating to the corporation. ``(b) Inspection.--A member entitled to vote on any matter relating to the corporation, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose at any reasonable time. ``Sec. 140409. Service of process ``The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities. ``Sec. 140410. Liability for acts of officers and agents ``The corporation is liable for any act of any officer or agent of the corporation acting within the scope of the authority of the corporation. ``Sec. 140411. Annual report ``The corporation shall submit to Congress an annual report on the activities of the corporation during the preceding fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101(b) of this title. The report may not be printed as a public document. ``Sec. 140412. Definition ``In this chapter, the term `State' includes the District of Columbia and the territories and possessions of the United States.''. (b) Clerical Amendment.--The table of chapters at the beginning of subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1403 the following new item: ``1404. American Military Retirees Association..... 140401''.

Grants a federal charter to the American Military Retirees Association.

To amend title 36, United States Code, to grant a Federal charter to the American Military Retirees Association, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. This Act may be cited as the ``Credit Card Accountability Responsibility and Disclosure Act of 2006'' or the ``Credit CARD Act of 2006''. SEC. 2. REGULATORY AUTHORITY. The Board of Governors of the Federal Reserve System may issue such rules or publish such model forms as it considers necessary to carry out this Act and the amendments made by this Act, in accordance with sections 105 and 122 of the Truth in Lending Act. TITLE I--REGULATIONS REGARDING CERTAIN RATES AND FEES SEC. 101. PRIOR NOTICE OF RATE INCREASES REQUIRED. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by adding at the end the following: ``(h) Advance Notice of Increase in Interest Rate Required.-- ``(1) In general.--In the case of any credit card account under an open end consumer credit plan, no increase in any annual percentage rate of interest (other than an increase due to the expiration of any introductory percentage rate of interest, or due solely to a change in another rate of interest to which such rate is indexed)-- ``(A) may take effect before the beginning of the billing cycle which begins not less than 15 days after the obligor receives notice of such increase; or ``(B) may apply to any outstanding balance of credit under such plan as of the date of the notice of the increase required under paragraph (1). ``(2) Notice of right to cancel.--The notice referred to in paragraph (1) with respect to an increase in any annual percentage rate of interest shall be made in a clear and conspicuous manner and shall contain a brief statement of the right of the obligor to cancel the account before the effective date of the increase.''. SEC. 102. FREEZE ON INTEREST RATE TERMS AND FEES ON CANCELED CARDS. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting after subsection (h) (as added by section 101 of this title) the following new subsection: ``(i) Freeze on Interest Rate Terms and Fees on Canceled Cards.--If an obligor referred to in subsection (h) closes or cancels a credit card account before the beginning of the billing cycle referred to in subsection (h)(1)-- ``(1) an annual percentage rate of interest applicable after the cancellation with respect to the outstanding balance on the account as of the date of cancellation may not exceed any annual percentage rate of interest applicable with respect to such balance under the terms and conditions in effect before the date of the notice of any increase referred to in subsection (h)(1); and ``(2) the repayment of the outstanding balance after the cancellation shall be subject to all other terms and conditions applicable with respect to such account before the date of the notice of the increase referred to in subsection (h).''. SEC. 103. LIMITS ON FINANCE AND INTEREST CHARGES FOR ON-TIME PAYMENTS. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting after subsection (i) (as added by section 102 of this title) the following new subsection: ``(j) Prohibition on Penalties for On-Time Payments.-- ``(1) Prohibition on finance charges for on-time payments.--In the case of any credit card account under an open end credit plan, where no other balance is owing on the account, no finance or interest charge may be imposed with regard to any amount of a new extension of credit that was paid on or before the date on which it was due. ``(2) Prohibition on cancellation or additional fees for on-time payments or payment in full.--In the case of any credit card account under an open end consumer credit plan, no fee or other penalty may be imposed on the consumer in connection with the payment in full of an existing account balance, or payment of more than the minimum required payment of an existing account balance.''. SEC. 104. PROHIBITION ON OVER-THE-LIMIT FEES FOR CREDITOR-APPROVED TRANSACTIONS. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting after subsection (j) (as added by section 103 of this title) the following new subsection: ``(k) Limitation on Imposition of Over-the-Limit Fees.--In the case of any credit card account under an open end consumer credit plan, a creditor may not impose any fees on the obligor for any extension of credit in excess of the amount of credit authorized to be extended with respect to such account, if the extension of credit is made in connection with a credit transaction which the creditor approves in advance or at the time of the transaction.''. TITLE II--ENHANCED CONSUMER DISCLOSURES SEC. 201. PAYOFF TIMING DISCLOSURES. (a) In General.--Section 127(b) of the Truth in Lending Act (15 U.S.C. 1637(b)) is amended by adding at the end the following new paragraph: ``(12) Repayment information.-- ``(A) In general.--Repayment information that would apply to the outstanding balance of the consumer under the credit plan, including-- ``(i) the outstanding balance in the account at the beginning of the statement period, as required by paragraph (1) of this subsection; ``(ii) the required minimum monthly payment on that balance, represented as both a dollar figure and as a percentage of that balance; ``(iii) the grace period within which payment must be made to avoid additional charges, as required by paragraph (9) of this subsection; and ``(iv) the monthly payments amount that would be required for the consumer to eliminate the outstanding balance in 36 months if no further advances are made. ``(B) Applicable annual percentage rate.-- ``(i) In general.--Subject to clause (ii), in making the disclosures under subparagraph (A), the creditor shall apply the annual percentage rate in effect on the date on which the disclosure is made until the date on which the balance would be paid in full. ``(ii) Exception.--If the annual percentage rate in effect on the date on which the disclosure is made is a temporary rate that will change under a contractual provision applying an index or formula for subsequent interest rate adjustment, the creditor shall apply the rate in effect on the date on which the disclosure is made for as long as that rate will apply under that contractual provision, and then apply an annual percentage rate based on the index or formula in effect on the applicable billing date.''. (b) Tabular Format Required for Disclosures.--Section 122 of the Truth in Lending Act (15 U.S.C. 1632) by adding at the end the following new subsection: ``(d) Format Required for Certain Disclosures Under Section 127(b)(12).-- ``(1) Form of disclosure.--All of the information disclosed pursuant to section 127(b)(12)(A) shall-- ``(A) be disclosed in the form and manner which the Board shall prescribe by regulations under this section and in accordance with section 105; and ``(B) be placed in a conspicuous and prominent location on the billing statement in typeface that is at least as large as the largest type on the statement, but in no instance less than 12-point in size. ``(2) Tabular format.--In the regulations prescribed under paragraph (1), the Board shall require that the disclosure of such information shall be in the form of a table that-- ``(A) contains clear and concise headings for each item of such information; and ``(B) provides a clear and concise form stating each item of information required to be disclosed under each such heading. ``(3) Requirements regarding location and order of table.-- In prescribing the form of the table under paragraph (2), the Board shall require that-- ``(A) all of the information in the table, and not just a reference to the table, be placed on the billing statement, as required by this subparagraph; and ``(B) the items required to be included in the table shall be listed in the order in which such items are set forth in section 127(b)(12)(A). ``(4) Board discretion in prescribing order and wording of table.--In prescribing the form of the table under subparagraph (C), the Board may employ terminology which is different than the terminology which is employed in subparagraph (A), if such terminology is easily understood and conveys substantially the same meaning.''. (c) Civil Liability.--Section 130(a) of the Truth in Lending Act (15 U.S.C. 1640(a)) is amended, in the undesignated paragraph following paragraph (4), by striking the second sentence and inserting the following: ``In connection with the disclosures referred to in subsections (a) and (b) of section 127, a creditor shall have a liability determined under paragraph (2) only for failing to comply with the requirements of section 125, 127(a), or paragraph (4), (5), (6), (7), (8), (9), (10), or (11) of section 127(b), or for failing to comply with disclosure requirements under State law for any term or item that the Board has determined to be substantially the same in meaning under section 111(a)(2) as any of the terms or items referred to in section 127(a), or paragraph (4), (5), (6), (7), (8), (9), (10), (11), or (12) of section 127(b). SEC. 202. REQUIREMENTS RELATING TO LATE PAYMENT DEADLINES AND PENALTIES. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting after subsection (k) (as added by section 104 of this Act) the following new subsection: ``(l) Requirements Relating to Late Payment Deadlines and Penalties.-- ``(1) Late payment deadline and postmark date required to be disclosed.--In the case of a credit card account under an open end consumer credit plan under which a late fee or charge may be imposed due to the failure of the obligor to make payment on or before the due date for such payment, the periodic statement required under subsection (b) with respect to the account shall include, in a conspicuous location on the billing statement-- ``(A) the date by which the payment must be postmarked, if paid by mail, in order to avoid the imposition of a late payment fee with respect to the payment; and ``(B) a statement that no late fee may be imposed in connection with a payment made by mail which was postmarked on or before the postmark date. ``(2) Disclosure of increase in interest rates for late payments.--If 1 or more late payments under an open end consumer credit plan may result in an increase in the annual percentage rate the account, the statement required under subsection (b) with respect to the account shall include conspicuous notice of such fact, together with the applicable penalty annual percentage rate, in close proximity to the disclosure required in paragraph (1) of the date on which payment is due under the terms of the account. ``(3) Requirements relating to postmark date.-- ``(A) In general.--The date included in a periodic statement pursuant to paragraph (1)(B) with regard to the postmark on a payment shall allow, in accordance with regulations prescribed by the Board under subparagraph (B), a reasonable time for the consumer to make the payment and a reasonable time for the delivery of the payment by the due date. ``(B) Board regulations.--The Board shall prescribe guidelines for determining a reasonable period of time for making a payment and delivery of a payment for purposes of subparagraph (A), after consultation with the Postmaster General and representatives of consumer and trade organizations. ``(4) Payment at local branches.--If the creditor, in the case of a credit card account referred to in paragraph (1), is a financial institution which maintains branches or offices at which payments on any such account are accepted from the obliger in person, the date on which the obliger makes a payment on the account at such branch or office shall be considered as the date on which the payment is made for purposes of determining whether a late fee or charge may be imposed due to the failure of the obligor to make payment on or before the due date for such payment, to the extent that such payment is made before the close of business of the branch or office on the business day immediately preceding the due date for such payment.''. TITLE III--PROTECTION OF YOUNG CONSUMERS SEC. 301. EXTENSIONS OF CREDIT TO UNDERAGE CONSUMERS. Section 127(c) of the Truth in Lending Act (15 U.S.C. 1637(c)) is amended by adding at the end the following new paragraph: ``(8) Applications from underage consumers.-- ``(A) Prohibition on issuance.--No credit card may be issued to, or open end credit plan established on behalf of, a consumer who has not attained the age of 21, unless the consumer has submitted a written application to the card issuer that meets the requirements of subparagraph (B). ``(B) Application requirements.--An application to open a credit card account by an individual who has not attained the age of 21 as of the date of submission of the application shall require-- ``(i) the signature of the parent, legal guardian, or spouse of the consumer, or any other individual having a means to repay debts incurred by the consumer in connection with the account, indicating joint liability for debts incurred by the consumer in connection with the account before the consumer has attained the age of 18; ``(ii) submission by the consumer of financial information indicating an independent means of repaying any obligation arising from the proposed extension of credit in connection with the account; or ``(iii) proof by the consumer that the consumer has completed a credit counseling course of instruction by a nonprofit budget and credit counseling agency approved by the Board for such purpose. ``(C) Minimum requirements for counseling agencies.--To be approved by the Board under subparagraph (B)(iii), a credit counseling agency shall, at a minimum-- ``(i) be a nonprofit budget and credit counseling agency, the majority of the board of directors of which-- ``(I) is not employed by the agency; and ``(II) will not directly or indirectly benefit financially from the outcome of a credit counseling session; ``(ii) if a fee is charged for counseling services, charge a reasonable fee, and provide services without regard to ability to pay the fee; and ``(iii) provide trained counselors who receive no commissions or bonuses based on referrals, and demonstrate adequate experience and background in providing credit counseling.''. SEC. 302. ENHANCED PENALTIES. Section 130(a)(2)(A) of the Truth in Lending Act (15 U.S.C. 1640 (a)(2)(A)(iii)) is amended---- (1) by striking ``or (iii) in the'' and inserting the following: ``(iii) in the case of an individual action relating to an open end credit plan that is not secured by real property or a dwelling, twice the amount of any finance charge in connection with the transaction, with a minimum of $500 and a maximum of $5,000 or such higher amount as may be appropriate in the case of an established pattern or practice of such failures; or ``(iv) in the''; and. (2) in clause (ii), by striking ``this subparagraph'' and inserting ``this clause''. SEC. 303. RESTRICTIONS ON CERTAIN AFFINITY CARDS. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting after subsection (l) (as added by section 202 of this Act) the following new subsection: ``(m) Restrictions on Issuance of Affinity Cards to Students.--No credit card account under an open end credit plan may be established by an individual who has not attained the age of 18 as of the date of submission of the application pursuant to any agreement relating to affinity cards, as defined by the Board, between the creditor and an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965), unless the requirements of section 127(c)(8) are met with respect to the obliger.''.

Credit Card Accountability Responsibility and Disclosure Act of 2006, or the Credit CARD Act of 2006 - Amends the Truth in Lending Act to require advance notice of any increase in the annual percentage rate (APR) of interest pertaining a credit card account under an open end consumer credit plan. Imposes a freeze on interest rate terms and fees on canceled cards. Prohibits: (1) penalties for on-time payments; and (2) over-the-limit fees for creditor-approved transactions. Requires disclosure of: (1) the repayment information applicable to the outstanding balance; and (2) late payment deadlines, postmark dates, and any increase in interest rates for late payments. Increases the civil penalty against any creditor who fails to comply with specified requirements in the case of an individual action relating to an open end credit plan that is not secured by real property or a dwelling. Prohibits issuance of: (1) a credit card under an open end credit plan on behalf of a consumer who has not attained the age of 21, unless the consumer has submitted a written application meeting specified requirements; or (2) certain affinity cards to students unless certain requirements have been met.

To amend the Consumer Credit Protection Act to ban abusive credit practices, enhance consumer disclosures, protect underage consumers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Errors in Credit Use and Reporting Act'' or the ``SECURE Act''. SEC. 2. LEGAL RECOURSE FOR CONSUMERS. (a) Injunctive Relief.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended-- (1) in section 616-- (A) in subsection (a), by striking ``(a) In General.--'' and inserting ``(a) Damages.--''; (B) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (C) by inserting after subsection (b) the following: ``(c) Injunctive Relief.--In addition to any other remedy set forth in this section, a court may award injunctive relief to require compliance with the requirements imposed under this title with respect to any consumer. In the event of any successful action for injunctive relief under this subsection, the court may award to the prevailing party costs and reasonable attorney fees (as determined by the court) incurred during the action by such party.''; and (2) in section 617-- (A) in subsection (a), by striking ``(a) In General.--'' and inserting ``(a) Damages.--''; (B) by redesignating subsection (b) as subsection (c); and (C) by inserting after subsection (a) the following: ``(b) Injunctive Relief.--In addition to any other remedy set forth in this section, a court may award injunctive relief to require compliance with the requirements imposed under this title with respect to any consumer. In the event of any successful action for injunctive relief under this subsection, the court may award to the prevailing party costs and reasonable attorney fees (as determined by the court) incurred during the action by such party.''. (b) Enforcement by Federal Trade Commission.--Section 621(a)(2)(A) of the Fair Credit Reporting Act (15 U.S.C. 1681s(a)(2)(A)) is amended-- (1) by striking ``(A) Knowing violations.--'' and inserting ``(A) Negligent, willful, or knowing violations.--''; and (2) by inserting ``negligent, willful, or'' before ``knowing''. SEC. 3. INCREASED REQUIREMENTS FOR CONSUMER REPORTING AGENCIES AND FURNISHERS OF INFORMATION. (a) Provision and Consideration of Documentation Provided by Consumers.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended-- (1) in section 611-- (A) in subsection (a)-- (i) in paragraph (2)-- (I) in subparagraph (A), by inserting ``, including all documentation provided by the consumer'' after ``received from the consumer or reseller''; and (II) in subparagraph (B), by inserting ``, including all documentation provided by the consumer,'' after ``from the consumer or reseller''; and (ii) in paragraph (4), by inserting ``, including all documentation,'' after ``relevant information''; and (B) in subsection (f)(2)(B)(ii), by inserting ``, including all documentation,'' after ``relevant information''; and (2) in section 623-- (A) in subsection (a)(8)(E), by striking clause (ii) and inserting the following: ``(ii) review and consider all relevant information, including all documentation, provided by the consumer with the notice;''; and (B) in subsection (b)(1), by striking subparagraph (B) and inserting the following: ``(B) review and consider all relevant information, including all documentation, provided by the consumer reporting agency pursuant to section 611(a)(2);''. (b) Gathering and Reporting of Information Relating to Consumer Disputes.--Section 611 of the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by adding at the end the following: ``(g) Gathering and Reporting of Information Relating to Consumer Disputes.-- ``(1) Reports required.--The Bureau shall provide reports regarding the disputes described in subsection (a)(1) received by consumer reporting agencies in such intervals and to such parties as the Bureau deems appropriate. ``(2) Gathering of information.--The Bureau shall prescribe rules for the gathering of information relating to disputes described in subsection (a)(1) received by consumer reporting agencies to be used in generating the reports under paragraph (1), including rules establishing-- ``(A) the type and format of information that shall be received by the Bureau from each consumer reporting agency; and ``(B) the frequency of receipt of the information from consumer reporting agencies.''. (c) Accuracy Compliance Procedures.--Section 607 of the Fair Credit Reporting Act (15 U.S.C. 1681e) is amended by striking subsection (b) and inserting the following: ``(b) Accuracy of Report.-- ``(1) In general.--A consumer reporting agency shall follow reasonable procedures when preparing a consumer report to assure maximum possible accuracy of the information concerning the individual to whom the consumer report relates. ``(2) Bureau rule to assure maximum possible accuracy.-- ``(A) Proposed rule.--Not later than 1 year after the date of enactment of the Stop Errors in Credit Use and Reporting Act, the Bureau shall issue a proposed rule establishing the procedures that a consumer reporting agency must follow to assure maximum possible accuracy of all consumer reports furnished by the agency in compliance with this subsection. ``(B) Considerations.--When formulating the rule required under subparagraph (A), the Bureau shall consider if requiring the matching of the following information would improve the accuracy of consumer reports: ``(i) The first name and last name of a consumer. ``(ii) The date of birth of a consumer. ``(iii) All 9 digits of the social security number of a consumer. ``(iv) Any other information that the Bureau determines would aid in assuring maximum possible accuracy of all consumer reports furnished by consumer reporting agencies in compliance with this subsection.''. (d) Responsibilities of Furnishers of Information to Consumer Reporting Agencies.--Section 623(a)(8)(F)(i)(II) of the Fair Credit Reporting Act (15 U.S.C. 1681s-2(a)(8)(F)(i)(II)) is amended by inserting ,`` and does not include any new or additional information that would be relevant to a reinvestigation'' before the period. (e) Disclosures to Consumers.--Section 609 of the Fair Credit Reporting Act (15 U.S.C. 1681g) is amended-- (1) in subsection (a)(3)(B), by striking ``; and'' and all that follows through the end of subparagraph (B) and inserting the following: ``(ii) the address and telephone number of the person; and ``(iii) the permissible purpose of the person for obtaining the consumer report, including the specific type of credit product that is extended, reviewed, or collected as described in section 604(a)(3)(A).''; (2) in subsection (f)-- (A) by amending paragraph (7)(A) to read as follows: ``(A) supply the consumer with a credit score that-- ``(i) is derived from a credit scoring model that is widely distributed to users by the consumer reporting agency for the purpose of any extension of credit or other transaction designated by the consumer who is requesting the credit score; or ``(ii) is widely distributed to lenders of common consumer loan products and predicts the future credit behavior of the consumer; and''; and (B) in paragraph (8), by inserting ``, except that a credit score shall be provided free of charge to the consumer if requested in connection with a free annual consumer report described in section 612(a)'' before the period; and (3) in subsection (g)(1)-- (A) by striking subparagraph (C); and (B) by redesignating subparagraphs (D) though (G) as subparagraphs (C) through (F), respectively. (f) Notification Requirements.-- (1) Adverse information notification.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended-- (A) in section 612, by striking subsection (b) and inserting the following: ``(b) Free Disclosure After Notice of Adverse Action or Offer of Credit on Materially Less Favorable Terms.-- ``(1) In general.--Not later than 14 days after the date on which a consumer reporting agency receives a notification under subsection (a)(2) or (h)(6) of section 615, or from a debt collection agency affiliated with the consumer reporting agency, the consumer reporting agency shall make, without charge to the consumer, all disclosures required in accordance with the rules prescribed by the Bureau under section 609(h). ``(2) Transition period.--After the effective date of the provisions of the Stop Errors in Credit Use and Reporting Act and before the Bureau has finalized the rule required under section 609(h), a consumer reporting agency that is required to make disclosures under this subsection shall provide to the consumer a copy of the current credit report on the consumer and any other disclosures required under this Act or the Stop Errors in Credit Use and Reporting Act, without charge to the consumer.''; and (B) in section 615(a)-- (i) by redesignating paragraphs (2), (3) and (4) as paragraphs (3), (4), and (5) respectively; (ii) by inserting after paragraph (1) the following: ``(2) direct the consumer reporting agency that provided the consumer report used in the decision to take the adverse action to provide the consumer with the disclosures described in section 612(b);''; and (iii) in paragraph (5), as redesignated by this paragraph-- (I) in the matter preceding subparagraph (A), by striking ``of the consumer's right''; (II) by striking subparagraph (A) and inserting the following: ``(A) that the consumer will receive a copy of the consumer report on the consumer, free of charge, from the consumer reporting agency that furnished the consumer report; and''; and (III) in subparagraph (B), by inserting ``of the right of the consumer'' before ``to dispute''. (2) Notification in cases of less favorable terms.--Section 615(h) of the Fair Credit Reporting Act (15 U.S.C. 1681m(h)) is amended-- (A) in paragraph (1), by striking ``paragraph (6)'' and inserting ``paragraph (7)''; (B) in paragraph (2), by striking ``paragraph (6)'' and inserting ``paragraph (7)''; (C) in subparagraph (5)(C), by striking ``may obtain'' and inserting ``will receive'' (D) by redesignating paragraphs (6), (7), and (8) as paragraphs (7), (8), and (9), respectively; and (E) by inserting after paragraph (5) the following: ``(6) Reports provided to consumers.--A person who uses a consumer report as described in paragraph (1) shall notify and direct the consumer reporting agency that provided the consumer report to provide the consumer with the disclosures described in section 612(b).''. (3) Notification of subsequent submissions of negative information.--Section 623(a)(7)(A)(ii) of the Fair Credit Reporting Act (15 U.S.C. 1681s-2(a)(7)(A)(ii)) by striking ``or customer'' and inserting ``or'' before ``account''. (4) Bureau rule defining certain disclosure requirements.-- Section 609 of the Fair Credit Reporting Act (15 U.S.C. 1681g) is amended by adding at the end the following: ``(h) Bureau Rule Defining Certain Disclosure Requirements.-- ``(1) Proposed rule.--Not later than 1 year after the date of enactment of the Stop Errors in Credit Use and Reporting Act, the Bureau shall publish a proposed rule to implement the disclosure requirements described in section 612(b). ``(2) Considerations.--In formulating the rule required under paragraph (1), the Bureau shall consider-- ``(A) what information would enable consumers to determine the reasons for which a person took adverse action or offered credit on materially less favorable terms and to verify the accuracy of such information; and ``(B) how to provide the information described in subparagraph (A) while protecting consumer privacy, including procedures to ensure that such information is provided to the consumer at the appropriate address.''. SEC. 4. REGULATORY REFORM. Section 621 of the Federal Credit Reporting Act (15 U.S.C. 1681s) is amended by adding at the end the following: ``(h) Consumer Reporting Agency Registry.-- ``(1) Establishment of registry.--Not later than 180 days after the date of enactment of the Stop Errors in Credit Use and Reporting Act, the Bureau shall establish 3 publicly available registries of consumer reporting agencies, including-- ``(A) a registry of nationwide consumer reporting agencies as described in section 603(p); ``(B) a registry of nationwide specialty consumer reporting agencies as defined in section 603(x); and ``(C) a registry of all other consumer reporting agencies included under subsection 603(f) that are not included under section 603(p) or 603(x). ``(2) Registration requirement.--All consumer reporting agencies as defined in section 603(f) must register with one of the registries established by the Bureau under this subsection in a timeframe established by the Bureau.''. SEC. 5. STUDY OF A PUBLIC CREDIT REPORTING SYSTEM. (a) Study.--Not later than 6 months after the date of enactment of this Act, the Comptroller General of the United States shall undertake a study-- (1) of credit systems in the international credit system with government-administered consumer credit reporting systems; (2) of available information regarding the accuracy of existing government-administered consumer credit reporting systems; (3) to evaluate the feasibility of a national, government- administered consumer credit reporting system; (4) of any consumer benefits that might reasonably be expected to result from a government-administered consumer credit report; and (5) of any costs that might result from a government- administered consumer credit reporting system in the United States. (b) Publication of Findings.--Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall publish the findings under subsection (a). SEC. 6. EFFECTIVE DATE. Except as otherwise provided in this Act and the amendments made by this Act, the provisions of this Act and the amendments made by this Act shall take effect 6 months after the date of enactment of this Act.

Stop Errors in Credit Use and Reporting Act or the SECURE Act - Amends the Fair Credit Reporting Act, with respect to civil liability for either willful or negligent noncompliance by a consumer reporting agency with respect to consumer credit protection requirements, to authorize a court to award: (1) injunctive relief to require compliance with such Act, and (2) costs and reasonable attorney fees to the prevailing party in any successful action for injunctive relief. Requires a consumer reporting agency to include, in its mandatory notification to a furnisher of disputed information in a consumer's file, all documentation provided by the consumer. Requires the furnisher of disputed information, upon notification of a dispute, to review and consider all documentation provided by the consumer. Directs the Consumer Financial Protection Bureau (CFPB) to: (1) prepare, and deliver to appropriate parties, reports concerning disputed information received by consumer reporting agencies; and (2) prescribe rules for the gathering of information relating to such disputes. Directs the CFPB to establish mandatory procedures for a consumer reporting agency to follow to assure maximum possible accuracy of all consumer reports. Requires a consumer reporting agency to give a consumer a credit score free of charge if one is requested in connection with a free annual consumer report. Requires a consumer reporting agency to provide free disclosures, even without consumer request, to any consumer who has received either a notice of adverse action or an offer of credit on materially less favorable terms. (Present law requires such disclosure only if the consumer so requests). Directs the CFPB to establish three publicly available registries of consumer reporting agencies, including registries of: (1) nationwide consumer reporting agencies; and (2) nationwide specialty consumer reporting agencies. Directs the Comptroller General (GAO) to study: (1) credit systems in the international credit system with government-administered consumer credit reporting systems; and (2) the feasibility of a national, U.S. government-administered consumer credit reporting system.

SECURE Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Federal Trade Commission Reauthorization Act of 2008''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Authorization of appropriations. Sec. 3. Independent litigation authority. Sec. 4. Specialized administrative law judges. Sec. 5. Civil penalties for violations of the Federal Trade Commission Act. Sec. 6. Application of Federal Trade Commission Act to tax-exempt organizations. Sec. 7. Aiding and abetting a violation. Sec. 8. Permissive administrative procedure for consumer protection rules. Sec. 9. Rulemaking procedure for subprime lending mortgages and nontraditional mortgage loans. Sec. 10. Harmonizing FTC rules with banking agency rulemaking. Sec. 11. Enforcement by State attorneys general. Sec. 12. Harmonization of national do-not-call registry and effect on State laws. Sec. 13. FTC study of alcoholic beverage marketing practices. Sec. 14. Common carrier exception. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. The text of section 25 of the Federal Trade Commission Act (15 U.S.C. 57c) is amended to read as follows: ``(a) In General.--There are authorized to be appropriated to carry out the functions, powers, and duties of the Commission-- ``(1) $264,000,000 for fiscal year 2009; ``(2) $290,400,000 for fiscal year 2010; ``(3) $319,400,000 for fiscal year 2011; ``(4) $351,400,000 for fiscal year 2012; ``(5) $386,500,000 for fiscal year 2013; ``(6) $425,200,000 for fiscal year 2014; and ``(7) $467,700,000 for fiscal year 2015. ``(b) Litigation and Internet Commerce Technology.--There are authorized to be appropriated to the Commission $20,000,000 for each of fiscal years 2009 through 2015 to be used by the Commission to improve technology in support of the Commission's competition and consumer protection missions. ``(c) International Technical Assistance.--From amounts appropriated pursuant to subsection (a), the Commission may spend up to $10,000,000 for each of fiscal years 2009 through 2015 to continue and enhance its provision of international technical assistance with respect to foreign consumer protection and competition regimes.''. SEC. 3. INDEPENDENT LITIGATION AUTHORITY. Section 16(a) of the Federal Trade Commission Act (15 U.S.C. 56(a)) is amended-- (1) by striking paragraph (1) and inserting ``(1) The Commission may commence, defend, or intervene in, and supervise the litigation of any civil action involving this Act (including an action to collect a civil penalty) and any appeal of such action in its own name by any of its attorneys designated by it for such purpose. The Commission shall notify the Attorney General of any such action and may consult with the Attorney General with respect to any such action or request the Attorney General on behalf of the Commission to commence, defend, or intervene in any such action.''; (2) by striking subparagraph (A) of paragraph (3) and inserting ``(A) The Commission may represent itself through any of its attorneys designated by it for such purpose before the Supreme Court in any civil action in which the Commission represented itself pursuant to paragraph (1) or (2) or may request the Attorney General to represent the Commission before the Supreme Court in any such action.''; and (3) by striking paragraph (4) and redesignating paragraph (5) as paragraph (4). SEC. 4. SPECIALIZED ADMINISTRATIVE LAW JUDGES. (a) In General.--In appointing administrative law judges under section 3105 of title 5, United States Code, to conduct hearings and render initial decisions in formal adjudicative matters before it, the Federal Trade Commission may give preference to administrative law judges who have experience with antitrust or trade regulation litigation and who are familiar with the kinds of economic analysis associated with such litigation. (b) Details.--If the Commission asks the Office of Personnel Management to assign an administrative law judge under section 3344 of title 5, United States Code, to conduct a hearing or render an initial decision in a formal adjudicative matter before it, the Commission may request the assignment of an administrative law judge who has experience with antitrust or trade regulation litigation and is familiar with the kinds of economic analysis associated with such litigation and the Office of Personnel Management shall comply with the request to the maximum extent feasible. SEC. 5. CIVIL PENALTIES FOR VIOLATIONS OF THE FEDERAL TRADE COMMISSION ACT. Section 5(m)(1)(A) of the Federal Trade Commission Act (15 U.S.C. 45(m)(1)(A)) is amended-- (1) by inserting ``this Act, or'' after ``violates'' the first place it appears; and (2) by inserting ``a violation of this Act or such act is'' after ``such act is''. SEC. 6. APPLICATION OF FEDERAL TRADE COMMISSION ACT TO TAX-EXEMPT ORGANIZATIONS. Section 4 of the Federal Trade Commission Act (15 U.S.C. 44) is amended by striking ``members.'' in the second full paragraph and inserting ``members, and includes an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code.''. SEC. 7. AIDING AND ABETTING A VIOLATION. Section 10 of the Federal Trade Commission Act (15 U.S.C. 50) is amended by adding at the end thereof the following: ``It is unlawful for any person to aid or abet another in violating any provision of this Act or any other Act enforceable by the Commission.''. SEC. 8. PERMISSIVE ADMINISTRATIVE PROCEDURE FOR CONSUMER PROTECTION RULES. (a) In General.--Section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) is amended by adding at the end thereof the following: ``(k) Alternative Rulemaking Procedure.--The Commission may, by majority vote of the full Commission, dispense with the requirements of other provisions of this section and of section 22 of this Act with respect to rulemaking involving a consumer protection matter (as determined by the Commission). If the Commission dispenses with such requirements with respect to such a rulemaking, it shall conduct such rulemaking in accordance with section 553 of title 5, United States Code, and in such case the provisions for judicial review of rules promulgated under section 553 of title 5 shall apply.''. SEC. 9. RULEMAKING PROCEDURE FOR SUBPRIME LENDING MORTGAGES AND NONTRADITIONAL MORTGAGE LOANS. Section 18 of the Federal Trade Commission Act (15 U.S.C. 57a), as amended by section 8, is further amended by adding at the end thereof the following: ``(l) Special Rule for Certain Mortgage-Related Rulemakings.-- Notwithstanding any other provision of this section, section 22 of this Act, or any other provision of law, the Commission shall conduct rulemaking proceedings with respect to subprime mortgage lending and nontraditional mortgage loans in accordance with section 553 of title 5, United States Code, and the provisions for judicial review of rules promulgated under section 553 of title 5 shall apply.''. SEC. 10. HARMONIZING FTC RULES WITH BANKING AGENCY RULEMAKING. (a) In General.--The second sentence of section 18(f)(1) of the Federal Trade Commission Act (15 U.S.C. 57a(f)(1)) is amended-- (1) by striking ``The Board of Governors of the Federal Reserve System (with respect to banks) and the Federal Home Loan Bank Board (with respect to savings and loan institutions described in paragraph (3))'' and inserting ``Each Federal banking agency (with respect to the depository institutions each such agency supervises)''; and (2) by inserting ``in consultation with the Commission'' after ``shall prescribe regulations''. (b) FTC Concurrent Rulemaking.--Section 18(f)(1) of such Act is further amended by inserting after the second sentence the following: ``Such regulations shall be prescribed jointly by such agencies to the extent practicable. Notwithstanding any other provision of this section, whenever such agencies commence such a rulemaking proceeding, the Commission, with respect to the entities within its jurisdiction under this Act, may commence a rulemaking proceeding and prescribe regulations in accordance with section 553 of title 5, United States Code. If the Commission commences such a rulemaking proceeding, the Commission, the Federal banking agencies, and the National Credit Union Administration Board shall consult and coordinate with each other so that the regulations prescribed by each such agency are consistent with and comparable to the regulations prescribed by each other such agency to the extent practicable.''. (c) GAO Study and Report.--Not later than 18 months after the date of enactment of this Act, the Comptroller General shall transmit to Congress a report on the status of regulations of the Federal banking agencies and the National Credit Union Administration regarding unfair and deceptive acts or practices by the depository institutions. (d) Technical and Conforming Amendments.--Section 18(f) of the Federal Trade Commission Act (15 U.S.C. 57a(f)) is amended-- (1) in the first sentence of paragraph (1)-- (A) by striking ``banks or savings and loan institutions described in paragraph (3), each agency specified in paragraph (2) or (3) of this subsection shall establish'' and inserting ``depository institutions and Federal credit unions, the Federal banking agencies and the National Credit Union Administration Board shall each establish''; and (B) by striking ``banks or savings and loan institutions described in paragraph (3), subject to its jurisdiction'' before the period and inserting ``depository institutions or Federal credit unions subject to the jurisdiction of such agency or Board''; (2) in the sixth sentence of paragraph (1) (as amended by subsection (b))-- (A) by striking ``each such Board'' and inserting ``each such banking agency and the National Credit Union Administration Board''; (B) by striking ``banks or savings and loan institutions described in paragraph (3)'' each place such term appears and inserting ``depository institutions subject to the jurisdiction of such agency''; (C) by striking ``(A) any such Board'' and inserting ``(A) any such Federal banking agency or the National Credit Union Administration Board''; and (D) by striking ``with respect to banks, savings and loan institutions'' and inserting ``with respect to depository institutions''; (3) by adding at the end of paragraph (1) the following new sentence: ``For purposes of this subsection, the terms `Federal banking agency' and `depository institution' have the same meaning as in section 3 of the Federal Deposit Insurance Act.''; (4) in paragraph (2)(C), by inserting ``than'' after ``(other''; (5) in paragraph (3), by inserting ``by the Director of the Office of Thrift Supervision'' before the period at the end; (6) in paragraph (4), by inserting ``by the National Credit Union Administration'' before the period at the end; and (7) in paragraph (6), by striking ``the Board of Governors of the Federal Reserve System'' and inserting ``any Federal banking agency or the National Credit Union Administration Board''. SEC. 11. ENFORCEMENT BY STATE ATTORNEYS GENERAL (a) In General.--Except as provided in subsection (f), a State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate State or district court of the United States to enforce the provisions of the Federal Trade Commission Act or any other Act enforced by the Federal Trade Commission to obtain penalties and relief provided under such Acts whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of a subprime mortgage lending rule or a nontraditional mortgage loan rule promulgated by the Federal Trade Commission. (b) Notice.--The State shall serve written notice to the Commission of any civil action under subsection (a) at least 60 days prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide notice immediately upon instituting such civil action. (c) Intervention by FTC.--Upon receiving the notice required by subsection (b), the Commission may intervene in such civil action and upon intervening-- (1) be heard on all matters arising in such civil action; (2) remove the action to the appropriate United States district court; and (3) file petitions for appeal of a decision in such civil action. (d) Savings Clause.--Nothing in this section shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. Nothing in this section shall prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (e) Venue; Service of Process; Joinder.--In a civil action brought under subsection (a)-- (1) the venue shall be a judicial district in which the lender or a related party operates or is authorized to do business; (2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and (3) a person who participated with a lender or related party to an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. (f) Preemptive Action by FTC.--Whenever a civil action or an administrative action has been instituted by or on behalf of the Commission for violation of any rule described under (a), no State may, during the pendency of such action instituted by or on behalf of the Commission, institute a civil action under subsection (a) against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint. (g) Award of Costs and Fees.--If the attorney general of a State prevails in any civil action under subsection (a), the State can recover reasonable costs and attorney fees from the lender or related party. SEC. 12. HARMONIZATION OF NATIONAL DO-NOT-CALL REGISTRY AND EFFECT ON STATE LAWS. (a) Amendment of the Telemarketing and Consumer Fraud and Abuse Prevention Act.--Section 5 of the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6105) is amended by adding at the end thereof the following: ``(d) State Laws Not Preempted.--Nothing in this Act or the Do-Not- Call Implementation Act (15 U.S.C. 6101 note) preempts any State law that imposes more restrictive requirements on intrastate or interstate telemarketing to telephone numbers on a do-not-call registry maintained by that State.''. (b) Conforming Amendment.--Section 227(e)(1) of the Communications Act of 1934 (47 U.S.C. 227(e)(1)) is amended by inserting ``interstate or'' after ``restrictive''. SEC. 13. FTC STUDY OF ALCOHOLIC BEVERAGE MARKETING PRACTICES. Within 2 years after the Federal Trade Commission completes its study entitled Self-Regulation in the Alcohol Industry and every 2 years thereafter, the Commission shall transmit a report to the Congress on advertising and marketing practices for alcoholic beverages, together with such recommendations, including legislative recommendations, as the Commission deems appropriate. In preparing the report, the Commission shall consider information contained in reports by the Secretary of Health and Human services under section 519B of the Public Health Service Act (42 U.S.C. 290bb-25b), and shall include, to the extent feasible, data on measured and unmeasured media by brand and type of beverage, and data on expenditures for slotting and discounting. SEC. 14. COMMON CARRIER EXCEPTION. Section 4 of the Federal Trade Commission Act (15 U.S.C. 44) is amended by striking the paragraph containing the definition of the term ``Acts to regulate commerce'' and inserting the following: ```Acts to regulate commerce' means subtitle IV of title 49, United States Code, and all Acts amendatory thereof and supplementary thereto.''.

Federal Trade Commission Reauthorization Act of 2008 - Amends the Federal Trade Commission Act to authorize appropriations to carry out the powers and duties of the Federal Trade Commission (FTC) and to improve technology regarding the FTC's competition and consumer protection missions. Authorizes the FTC to directly handle civil actions under the Act or to request the Attorney General do so. Allows the FTC to give appointment preference to administrative judges with antitrust or trade regulation litigation and related economic analysis experience. Permits the FTC to commence a civil action to recover civil penalties in a district court for any violation of the Act. Permits the FTC to enforce the Act against nonprofit organizations. Authorizes the FTC to operate under general federal law rulemaking and judicial review provisions instead of under rulemaking provisions of the Act. Requires that the FTC, notwithstanding any other provision of law, conduct rulemaking proceedings regarding subprime mortgage lending and nontraditional mortgage loans in accordance with such general rulemaking and judicial review provisions. Transfers to each federal banking agency, with respect to depository institutions, the authority to prescribe regulations governing unfair or deceptive practices by banks and savings and loan institutions currently vested in the Board of Governors of the Federal Reserve System (regarding banks) and the Federal Home Loan Bank Board (regarding savings and loan institutions). Allows a state, except during an FTC action, to bring an action to enforce the Act or any other Act enforced by the FTC regarding violation of an FTC subprime mortgage lending or nontraditional mortgage loan rule. Amends the Telemarketing and Consumer Fraud and Abuse Prevention Act to state that more restrictive state laws are not preempted. Provides for an FTC study of alcoholic beverage marketing. Amends the Federal Trade Commission Act to remove references to the Communications Act of 1934 from the definition of "Acts to regulate commerce."

A bill to reauthorize the Federal Trade Commission, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Resolution of the Ethiopia-Eritrea Border Dispute Act of 2004''. SEC. 2. DEFINITIONS. In this Act: (1) Algiers agreements.--The term ``Algiers Agreements'' means the Cessation of Hostilities Agreement and the Comprehensive Peace Agreement. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (3) Cessation of hostilities agreement.--The term ``Cessation of Hostilities Agreement'' means the Agreement on the Cessation of Hostilities signed on June 18, 2000, in Algiers, Algeria, by the Government of Ethiopia and the Government of Eritrea that established a temporary demilitarized security zone within Eritrea to be enforced by the United Nations Peacekeeping Mission in Ethiopia and Eritrea (UNMEE). (4) Comprehensive peace agreement.--The term ``Comprehensive Peace Agreement'' means the agreement signed on December 12, 2000, in Algiers, Algeria, by the Government of Ethiopia and the Government of Eritrea, under the auspices of the Organization of African Unity (OAU), that provided for an end to military hostilities between the two countries, assurances by the countries to refrain from the threat or use of force against each other, and established a neutral Boundary Commission to delimit and demarcate the border between the two countries. (5) Economic assistance.--The term ``economic assistance'' means-- (A) assistance under chapter 1 of part I of the Foreign Assistance Act of 1961 (relating to development assistance); and (B) assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to economic support fund assistance). (6) Military assistance and arms transfers.--The term ``military assistance and arms transfers'' means-- (A) assistance under chapter 2 of part II of the Foreign Assistance Act of 1961 (relating to military assistance), including the transfer of excess defense articles under section 516 of that Act; (B) assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (relating to international military education and training or ``IMET''), including military education and training for civilian personnel under section 541 of that Act (commonly referred to as ``Expanded IMET''); and (C) assistance under the ``Foreign Military Financing'' Program under section 23 of the Arms Export Control Act and the transfer of defense articles, defense services, design and construction services, or any other defense-related training under that Act. SEC. 3. FINDINGS. Congress makes the following findings: (1) On May 6, 1998, a conflict erupted between Ethiopia and Eritrea, two of the world's poorest countries. (2) The two-year war claimed 100,000 lives, displaced more than 1,000,000 people, cost Ethiopia more than $2,900,000,000, and caused a 62 percent decline in food production in Eritrea. (3) Millions of dollars were diverted from much needed development projects into military activities and weapons procurements at a time when severe drought threatened a famine in both Ethiopia and Eritrea, as bad as the famine in 1984 in those countries, putting more than 13,000,000 lives at risk. (4) On June 18, 2000, Prime Minister Meles Zenawi of the Federal Democratic Republic of Ethiopia and President Isaias Afewerki of the State of Eritrea signed the Cessation of Hostilities Agreement in Algiers, Algeria. On December 12, 2000, the two countries also signed the Comprehensive Peace Agreement in Algiers under the auspices of the Organization of African Unity (OAU) and in the presence of United Nations Secretary General Kofi Annan and President Abdel-Aziz Boutheflika of Algeria. (5) Article 4.2 of the Comprehensive Peace Agreement states the following: ``The parties agree that a neutral Boundary Commission composed of five members shall be established with a mandate to delimit and demarcate the colonial treaty border [between the two countries] based on pertinent colonial treaties (1900, 1902 and 1908) and applicable international law.''. (6) Article 4.15 of the Comprehensive Peace Agreement states the following: ``The parties agree that the delimitation and demarcation determinations of the Commission shall be final and binding. Each party shall respect the border so determined, as well as territorial integrity and sovereignty of the other party.''. (7)(A) The President of the United Nations Security Council, on behalf of the Security Council, confirmed the Security Council's endorsement of the terms and conditions of the Algiers Agreements, with special reference to the neutral Boundary Commission described in Article 4.2 of the Comprehensive Peace Agreement and its mandate. (B) In addition, the Security Council reaffirmed its support for the Algiers Agreements in United Nations Security Council Resolutions 1312 (July 31, 2000), 1320 (September 15, 2000), 1344 (March 15, 2001), 1369 (September 14, 2001), 1398 (March 15, 2002), 1430 (August 14, 2002), 1434 (September 6, 2002), 1466 (March 14, 2003), 1507 (September 12, 2003), 1531 (March 12, 2004), and 1560 (September 14, 2004). (8) On April 13, 2002, the neutral Boundary Commission announced its ``Delimitation Decision'', reiterating that both parties had agreed that it would be ``final and binding''. (9) Following the decision of the Boundary Commission that the heavily disputed town of Badme would be zoned to the Eritrean side of the new border, Foreign Minister Seyoum Mesfin of Ethiopia announced on April 15, 2003, that ``[n]o-one expects the [G]overnment of Ethiopia to accept these mistakes committed by the Commission''. Further, the Ethiopian Ministry of Information released a statement accusing the Boundary Commission of an ``unfair tendency'' in implementing the border ruling and ``misinterpreting'' the Algiers Agreements. (10) In his March 6, 2003, ``Progress Report'' to the United Nations Security Council, Secretary General Kofi Annan reported that Prime Minister Zenawi of Ethiopia had expressed to his Special Representative, Legwaila Joseph Legwaila, that ``if its concerns were not properly addressed Ethiopia might eventually reject the demarcation-related decisions of the Commission''. (11) On September 19, 2003, Prime Minister Zenawi wrote to United Nations Secretary General Kofi Annan and stated: ``As the Commission's decisions could inevitably lead the two countries into another round of fratricidal war, the Security Council has an obligation, arising out of the UN Charter, to avert such a threat to regional peace and stability.''. (12) On October 3, 2003, the United Nations Security Council wrote to Prime Minister Zenawi and stated: ``The members of the Security Council therefore wish to convey to you their deep regret at the intention of the government of Ethiopia not to accept the entirety of the delimitation and demarcation decision as decided by the boundary commission. They note in particular, that Ethiopia has committed itself under the Algiers Agreements to accept the boundary decision as final and binding.''. (13)(A) In an attempt to resolve the continued impasse, United Nations Secretary General Kofi Annan offered his good offices to the two parties and appointed Mr. Lloyd Axworthy, former Minister for Foreign Affairs of Canada, to serve as his Special Envoy for Ethiopia and Eritrea on January 29, 2004. (B) Despite the assurances of the United Nations Secretary General, including in his Progress Reports of March 6, 2004, and July 7, 2004, that the appointment of the Special Envoy was ``not intended to establish an alternative mechanism to the Boundary Commission or to renegotiate its final and binding decision'', President Isaias of Eritrea has refused to meet with the Special Envoy or otherwise engage in political dialogue aimed at resolving the current impasse. (14) In his July 7, 2004, ``Progress Report'' to the United Nations Security Council, Secretary General Kofi Annan reported that the Ethiopian Ministry of Foreign Affairs continues to reiterate its position that ``the current demarcation line would disrupt the lives of border communities and lead to future conflict''. (15) In that same report, Secretary General Annan reminded both governments that they themselves ``entrusted the Boundary Commission with the entire demarcation process, drew up its mandate and selected its Commissioners'' and called upon the Government of Ethiopia to ``unequivocally restate its acceptance of the Boundary Commission's decision, appoint field liaison officers, and pay its dues to and otherwise cooperate fully and expeditiously with the Commission''. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that Ethiopia and Eritrea-- (1) should take all appropriate actions to implement the Algiers Agreements, including by accepting the ``Delimitation Decision'' issued by the neutral Boundary Commission on April 13, 2002, with respect to the boundary between the two countries; and (2) should fully cooperate with the United Nations Special Envoy for Ethiopia-Eritrea, Lloyd Axworthy, whose mandate is the implementation of the Algiers Agreements, the Delimitation Decision of the Boundary Commission, and the relevant resolutions and decisions of the United Nations Security Council. SEC. 5. DECLARATIONS OF POLICY. Congress makes the following declarations: (1) Congress expresses its support for the Boundary Commission established by the Comprehensive Peace Agreement and calls on the international community to continue to support the United Nations trust fund established to facilitate the process of demarcation between Ethiopia and Eritrea and the economic and social transition of affected communities to new borders determined by the Commission. (2) Congress further declares that it shall be the policy of the United States to limit United States assistance for Ethiopia or Eritrea if either such country is not in compliance with, or is not taking significant steps to comply with, the terms and conditions of the Algiers Agreements. (3) Congress strongly condemns statements by senior Ethiopian officials criticizing the Boundary Commission's decision and calls on the Government of Ethiopia to immediately and unconditionally fulfill its commitments under the Algiers Agreements, publicly accept the Boundary Commission's decision, and fully cooperate with the implementation of such decision. (4) Congress recognizes the acceptance by the Government of Eritrea of the Boundary Commission's decision as final and binding, but condemns the Government of Eritrea's continued refusal to take advantage of the good offices offered by the United Nations Secretary General, to work with Special Envoy Lloyd Axworthy, or to otherwise engage in dialogue aimed at resolving the current impasse, and calls on the President of Eritrea to do so without further delay. SEC. 6. LIMITATIONS ON UNITED STATES ASSISTANCE. (a) Limitation on Economic Assistance.--Economic assistance may only be provided for Ethiopia or Eritrea for any period of time for which the President determines that Ethiopia or Eritrea (as the case may be) is in compliance with, or is taking significant steps to comply with, the terms and conditions of the Algiers Agreements. (b) Limitation on Military Assistance and Arms Transfers.--Military assistance and arms transfers may only be provided for Ethiopia or Eritrea for any period of time for which the President determines that Ethiopia or Eritrea (as the case may be) is in compliance with, or is taking significant steps to comply with, the terms and conditions of the Algiers Agreements. (c) Exceptions.--The limitation on assistance under subsections (a) and (b) shall not apply with respect to humanitarian assistance (such as food or medical assistance), assistance to protect or promote human rights, and assistance to prevent, treat, and control HIV/AIDS. (d) Waiver.--The President may waive the application of subsection (a) or (b) with respect to Ethiopia or Eritrea, particularly for the provision of peacekeeping assistance or counterterrorism assistance, if the President determines and certifies to the appropriate congressional committees that it is in the national interests of the United States to do so. SEC. 7. INTEGRATION AND BORDER DEVELOPMENT INITIATIVE. (a) Assistance.--After the date on which the border demarcation between Ethiopia and Eritrea is finalized (consistent with the decision of the Boundary Commission established by the Comprehensive Peace Agreement), the President shall establish and carry out an initiative in conjunction with the Governments of Ethiopia and Eritrea under which assistance is provided to reduce the adverse humanitarian impacts on the populations of the border region, prevent conflict which might result from the demarcation process, and further social and economic development projects that are identified and evaluated by local authorities to establish sustainable integration, development, and trade at the border region. (b) Project Examples.--Examples of development projects referred to in subsection (a) are-- (1) startup initiatives, including farming projects, to promote community economic development and the free flow of trade across the border between the two countries; (2) generous compensation packages for families displaced by the border demarcation and support for relocation; (3) effective mechanisms for managing movement of persons across the border between the two countries; (4) an increase in the supply of basic services in the border region, including water, sanitation, housing, health care, and education; and (5) support for local efforts to reinforce peace and reconciliation in the border region. SEC. 8. REPORT. Until the date on which the border demarcation between Ethiopia and Eritrea is finalized, the President shall prepare and transmit on a regular basis to the appropriate congressional committees a report that contains a description of progress being made toward such demarcation, including the extent to which Ethiopia and Eritrea are in compliance with, or are taking significant steps to comply with, the terms and conditions of the Algiers Agreements, and are otherwise cooperating with internationally-sanctioned efforts to resolve the current impasse. Passed the House of Representatives October 8, 2004. Attest: JEFF TRANDAHL, Clerk.

Resolution of the Ethiopia-Eritrea Border Dispute Act of 2004 - (Sec. 4) Expresses the sense of Congress that both Ethiopia and Eritrea should: (1) take all appropriate actions to implement the Algiers Agreements, including by accepting the "Delimitation Decision" issued by the neutral Boundary Commission on April 13, 2002, with respect to the boundary between the two countries; and (2) fully cooperate with the United Nations (UN) Special Envoy for Ethiopia-Eritrea. (Sec. 5) Declares that: (1) Congress expresses its support for the Boundary Commission established by the Comprehensive Peace Agreement and calls on the international community to continue to support the UN trust fund to facilitate the demarcation process between Ethiopia and Eritrea and the economic and social transition of affected communities to new borders; (2) it shall be U.S. policy to limit U.S. assistance for Ethiopia or Eritrea if either country is not in compliance with, or is not taking significant steps to comply with the Algiers Agreements; and (3) Congress strongly condemns statements by senior Ethiopian officials criticizing the Boundary Commission's decision and calls on the Government of Ethiopia to accept the Commission's decision. (Sec. 6) States that economic and military assistance for Ethiopia or Eritrea may only be provided for any period of time for which the President determines that either Ethiopia or Eritrea is in compliance with, or is taking significant steps to comply with, the Algiers Agreements. Authorizes presidential waiver of such provision for national security purposes. Exempts from such provision assistance for humanitarian or human rights purposes, or for HIV/AIDS control. (Sec. 7) Directs the President to establish, after finalization of the Ethiopian-Eritrean border demarcation, an integration and border development initiative, including projects to: (1) increase basic services; (2) develop free trade and community development; and (3) reinforce peace and reconciliation. (Sec. 8) Sets forth presidential reporting requirements.

To limit United States assistance for Ethiopia and Eritrea if those countries are not in compliance with the terms and conditions of agreements entered into by the two countries to end hostilities and provide for a demarcation of the border between the two countries, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Veterans Home Nurse Recruitment Act of 2004''. SEC. 2. ASSISTANCE FOR HIRING AND RETENTION OF NURSES AT STATE VETERANS HOMES. (a) In General.--(1) Chapter 17 of title 38, United States Code, is amended by inserting after section 1743 the following new section: ``Sec. 1744. Hiring and retention of nurses: payments to assist States ``(a) Payment Program.--The Secretary shall make payments to States under this section for the purpose of assisting State homes in the hiring and retention of nurses and the reduction of nursing shortages at State homes. ``(b) Eligible Recipients.--Payments to a State for a fiscal year under this section shall, subject to submission of an application, be made to any State that during that year-- ``(1) receives per diem payments under this subchapter for that fiscal year; and ``(2) has in effect an employee incentive scholarship program or other employee incentive program at a State home designed to promote the hiring and retention of nursing staff and to reduce nursing shortages at that home. ``(c) Use of Funds Received.--A State may use an amount received under this section only to provide funds for a program described in subsection (b)(2). Any program shall meet such criteria as the Secretary may prescribe. In prescribing such criteria, the Secretary shall take into consideration the need for flexibility and innovation. ``(d) Limitations on Amount of Payment.--(1) A payment under this section may not be used to provide more than 50 percent of the costs for a fiscal year of the employee incentive scholarship or other incentive program for which the payment is made. ``(2) The amount of the payment to a State under this section for any fiscal year is, for each State home in that State with a program described in subsection (b)(2), the amount equal to 2 percent of the amount of payments estimated to be made to that State, for that State home, under section 1741 of this title for that fiscal year. ``(e) Applications.--A payment under this section for any fiscal year with respect to any State home may only be made based upon an application submitted by the State seeking the payment with respect to that State home. Any such application shall describe the nursing shortage at the State home and the employee incentive scholarship program or other incentive program described in subsection (c) for which the payment is sought. ``(f) Source of Funds.--Payments under this section shall be made from funds available for other payments under this subchapter. ``(g) Disbursement.--Payments under this section to a State home shall be made as part of the disbursement of payments under section 1741 of this title with respect to that State home. ``(h) Use of Certain Receipts.--The Secretary shall require as a condition of any payment under this section that, in any case in which the State home receives a refund payment made by an employee in breach of the terms of an agreement for employee assistance that used funds provided under this section, the payment shall be returned to the State home's incentive program account and credited as a non-Federal funding source. ``(i) Annual Report From Payment Recipients.--Any State home receiving a payment under this section for any fiscal year, shall, as a condition of the payment, be required to agree to provide to the Secretary a report setting forth in detail the use of funds received through the payment, including a descriptive analysis of how effective the incentive program has been on nurse staffing in the State home during that fiscal year. The report for any fiscal year shall be provided to the Secretary within 60 days of the close of the fiscal year and shall be subject to audit by the Secretary. Eligibility for a payment under this section for any later fiscal year is contingent upon the receipt by the Secretary of the annual report under this subsection for the previous year in accordance with this subsection. ``(j) Regulations.--The Secretary shall prescribe regulations to carry out this section. The regulations shall include the establishment of criteria for the award of payments under this section.''. (2) The table of sections at the beginning of such chapter is amended by inserting after section 1743 the following new item: ``1744. Hiring and retention of nurses: payments to assist States.''. (b) Implementation.--The Secretary of Veterans Affairs shall implement section 1744 of title 38, United States Code, as added by subsection (a), as expeditiously as possible. The Secretary shall establish such interim procedures as necessary so as to ensure that payments are made to eligible States under that section commencing not later than January 1, 2005, notwithstanding that regulations under subsection (j) of that section may not have become final.

State Veterans Home Nurse Recruitment Act of 2004 - Amends Federal veterans' benefits provisions to direct the Secretary of Veterans Affairs to make payments to States for assisting State veterans' homes in the hiring and retention of nurses and the reduction of nursing shortages at such homes. Makes eligible for such assistance State homes that: (1) currently receive per diem payments from the Secretary for the care of veterans; and (2) have in effect an employee incentive scholarship or other program designed to promote the hiring and retention of nursing staff and reduce nursing shortages. Limits such assistance to no more than 50 percent of the fiscal year costs of such a program. Requires the assistance program to be implemented as expeditiously as possible, so that payments are made to eligible States commencing no later than January 1, 2005.

To amend title 38, United States Code, to establish within the Department of Veterans Affairs a program to assist the States in hiring and retaining nurses at State veterans homes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Fairness for Seniors Act of 1998''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Manufacturers of prescription drugs engage in price discrimination practices that compel many older Americans to pay substantially more for prescription drugs than the drug manufacturers' most favored customers, such as health insurers, health maintenance organizations, and the Federal Government. (2) On average, older Americans who buy their own prescription drugs pay twice as much for prescription drugs as the drug manufacturers' most favored customers. In some cases, older Americans pay over 15 times more for prescription drugs than the most favored customers. (3) The discriminatory pricing by major drug manufacturers sustains their annual profits of $20,000,000,000, but causes financial hardship and impairs the health and well-being of millions of older Americans. More than one in eight older Americans are forced to choose between buying their food and buying their medicines. (4) Most federally funded health care programs, including Medicaid, the Veterans Health Administration, the Public Health Service, and the Indian Health Service, obtain prescription drugs for their beneficiaries at low prices. Medicare beneficiaries are denied this benefit and cannot obtain their prescription drugs at the favorable prices available to other federally funded health care programs. (5) It has been estimated that implementation of the policy set forth in this Act will reduce prescription prices for Medicare beneficiaries by more than 40 percent. (6) In addition to substantially lowering health care costs for older Americans, implementation of the policy set forth in this Act will significantly improve the health and well-being of older Americans and lower the costs to the Federal taxpayer of the Medicare program. (b) Purpose.--The purpose of this Act is to protect Medicare beneficiaries from discriminatory pricing by drug manufacturers and to make prescription drugs available to Medicare beneficiaries at substantially reduced prices, by allowing pharmacies to purchase drugs for Medicare beneficiaries at the substantially reduced price available under the Federal Supply Schedule. SEC. 3. MEDICARE BENEFICIARY DRUG BENEFIT CARD. The Secretary of Health and Human Services shall furnish to each Medicare beneficiary a drug benefit card that enables the beneficiary to purchase covered prescription drugs from participating pharmacies at reduced prices pursuant to section 4. SEC. 4. PARTICIPATING PHARMACIES. (a) Agreements to Participate.--Any qualified pharmacy may enter into an agreement with the Secretary that enables the pharmacy to sell covered outpatient drugs to holders of Medicare drug benefit cards at a reduced price, by authorizing the pharmacy to operate as a participating pharmacy under this Act. (b) Right of Participating Pharmacies To Obtain Drugs.--An agreement under this section shall entitle the participating pharmacy to purchase any covered outpatient drug that is listed on the Federal Supply Schedule of the General Services Administration at the participating pharmacy discount price for that drug determined under subsection (d). (c) Quantity of Drugs Purchased.--An agreement under this section shall permit the participating pharmacy to purchase under this Act as much of a covered outpatient drug as is sold by the pharmacy to holders of Medicare drug benefit cards. (d) Participating Pharmacy Discount Price.-- (1) In general.--The Secretary shall determine a participating pharmacy discount price for each covered outpatient drug. (2) Determination.--The participating pharmacy discount price for a covered outpatient drug shall be determined by adding-- (A) the price at which the drug is available to Federal agencies from the Federal Supply Schedule under section 8126 of title 38, United States Code; plus (B) an amount that reflects the administrative costs incurred by the Secretary in administering this Act. SEC. 5. ADMINISTRATION. (a) In General.--The Secretary shall administer this Act in a manner that uses existing methods of obtaining and distributing drugs to the maximum extent possible, consistent with efficiency and cost effectiveness. (b) Regulations.--The Secretary shall issue such regulations as may be necessary to implement this Act. SEC. 6. REPORTS TO CONGRESS REGARDING EFFECTIVENESS OF ACT. (a) In General.--Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary shall report to the Congress regarding the effectiveness of this Act in-- (1) protecting Medicare beneficiaries from discriminatory pricing by drug manufacturers; and (2) making prescription drugs available to Medicare beneficiaries at substantially reduced prices. (b) Consultation.--In preparing such reports, the Secretary shall consult with public health experts, affected industries, organizations representing consumers and older Americans, and other interested persons. (c) Recommendations.--The Secretary shall include in such reports any recommendations they consider appropriate for changes in this Act to further reduce the cost of covered outpatient drugs to Medicare beneficiaries. SEC. 7. DEFINITIONS. In this Act: (1) Covered outpatient drug.--The term ``covered outpatient drug'' has the meaning given that term in section 1927(k)(2) of the Social Security Act (42 U.S.C. 1396r-8(k)(2)). (2) Medicare beneficiary.--The term ``Medicare beneficiary'' means an individual entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title, or both. (3) Medicare drug benefit card.--The term ``Medicare drug benefit card'' means such a card issued under section 3. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 8. EFFECTIVE DATE. The Secretary shall implement this Act as expeditiously as practicable and in a manner consistent with the obligations of the United States.

Prescription Drug Fairness for Seniors Act of 1998 - Directs the Secretary of Health and Human Services to furnish each Medicare beneficiary under title XVIII of the Social Security Act with a drug benefit card enabling the beneficiary to purchase covered outpatient prescription drugs listed on the Federal Supply Schedule from participating pharmacies at reduced prices.

Prescription Drug Fairness for Seniors Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Justice Act of 1999''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to identify those areas which are subject to the highest levels of toxic chemicals, through all media; (2) to require the collection of data on environmental health effects so that impacts on different individuals or groups can be understood; (3) to assess the health effects that may be caused by emissions in those areas of highest impact; (4) to ensure that groups or individuals residing within those areas of highest impact have the opportunity to participate in developing solutions to environmental and health problems confronting their community; (5) to promote technologies and practices that reduce or eliminate pollution; and (6) to promote the development and maintenance of parks and green open spaces in polluted communities. SEC. 3. DEFINITIONS. For the purposes of this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Environmental Protection Agency. (2) Environmental high impact area.--The terms ``Environmental High Impact Area'' and ``EHIA'' mean the 20 counties or other geographic units that are designated pursuant to section 101. (3) Secretary.--The term ``Secretary'' means the Secretary of the Department of Health and Human Services. (4) Toxic chemicals.--The term ``toxic chemicals'' includes all substances as defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; any hazardous waste listed or identified pursuant to the Solid Waste Disposal Act; any pollutant for which air quality standards have been issued pursuant to the Clean Air Act; any pollutant for which water quality standards have been issued pursuant to the Clean Water Act; any pollutant for which a national primary drinking water regulation has been issued pursuant to the Safe Drinking Water Act; all materials registered pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act; and all substances and chemicals subject to reporting obligations pursuant to the Emergency Planning and Community Right-to-Know Act. The Adminis- trator may add other substances as deemed appropriate. (5) Toxic chemical facilities.--The term ``toxic chemical facilities'' includes all facilities including Federal facilities subject to a permit, inspection or review, or registration requirement pursuant to the authority of the Solid Waste Disposal Act; the Clean Air Act; the Clean Water Act; the Federal Insecticide, Fungicide and Rodenticide Act; and the OSHA Hazard Communication Standard; as well as any facility subject to reporting obligations pursuant to the Emergency Planning and Community Right-to-Know Act. The Administrator shall have the authority to examine the level of toxic chemicals released into the environment by facilities not currently subject to Federal review, inspection, or reporting requirements if (A) a facility is believed to produce a high level of environmental pollution, and (B) the Administrator is petitioned by individuals or groups within such EHIA to conduct the review. TITLE I--IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS SEC. 101. IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS. (a) Publication of Method.--Within 12 months after the enactment of this Act, the Administrator shall publish for public comment the method for selecting the EHIAs. (b) Determination of Impacted Areas.--Within 18 months after the date of enactment of this Act, the Administrator shall publish a list of 20 Environmental High Impact Areas that are either counties or other appropriate geographic units in which high levels of chemicals are present and in which the population is exposed to such chemicals. The Administrator shall also take into consideration any geographical areas suggested for review by the Agency for Toxic Substances and Disease Registry, the National Center for Environmental Health, the National Center for Health Statistics, other appropriate Federal agencies, and State and local health authorities. (c) Revision and Republication.--The Administrator shall revise and republish the list described in subsection (a) of this section not less than every 5 years, using data compiled for that 5-year period. (d) Compilation of List.--In selecting a methodology and compiling or revising the list of EHIAs, the Administrator shall-- (1) use the most recent data available; (2) take into account the relative toxicity of the toxic chemicals; (3) determine, with the best available data, the actual and potential exposures, and toxicity of the toxic chemicals present in each impacted area; (4) consider and utilize all appropriate data compiled pursuant to any environmental regulatory authority and other sources, including but not limited to available data on lead- based paint and the existence of pollutants from mobile sources; (5) distinguish between toxic chemicals which are (A) in a contained, controlled environment such as barrels, factories, warehouses, or lined landfills; and (B) released into the air, water, soil or groundwater of the area; and (6) take into account the impact of pollution in high population density areas. TITLE II--ENFORCEMENT INITIATIVES SEC. 201. MANDATORY INSPECTION. To assure that facilities with the highest potential for release of toxic chemicals into the environment are operating in compliance with all applicable environmental, health and safety standards, the Administrator, and the Assistant Secretary of the Occupational Safety and Health Administration shall conduct compliance inspections or reviews of all toxic chemical facilities in Environmental High Impact Areas subject to their respective jurisdictions within 1 year after the publication of each list of EHIAs under title I. TITLE III--COMMUNITY PARTICIPATION SEC. 301. TECHNICAL ASSISTANCE GRANTS. The Administrator shall make a technical assistance grant available to any individual or group of individuals in an EHIA. Such grants shall be used to seek guidance from independent experts for the purpose of improving understanding of environmental and health concerns related to designation as an EHIA. Not more than one grant may be made with respect to each EHIA, but the grant may be renewed to facilitate public participation where necessary. TITLE IV--IDENTIFICATION AND PREVENTION OF HEALTH IMPACTS SEC. 401. SECRETARIAL STUDY. Within 2 years after the publication of each list of EHIAs under title I, the Secretary shall issue for public comment a report identifying the methodology used and nature and extent, if any, of acute and chronic impacts on human health in EHIAs as compared to non- EHIAs, including impacts on subgroups within EHIAs. Such impacts shall include but not be limited to cancer, birth deformities, infant mortality rates, and respiratory diseases. The report shall be coordinated by the Administrator of the Agency for Toxic Substances and Disease Registry and shall involve the community being assessed. The ATSDR shall work closely with the Directors of the National Institute for Environmental Health Sciences, the National Center for Health Statistics, and other appropriate Federal agencies to coordinate the report, relying on the expertise of leading health and environmental scientists. The health assessment shall seek to-- (1) isolate the impacts of environmental pollution; (2) segregate the effects of other factors such as health care availability or substance abuse or diet; (3) evaluate the levels below which release of toxic chemicals, either individually or cumulatively, must be reduced to avoid adverse impacts on human health; and (4) determine the impacts of uncontrolled releases. In conducting health assessments, the Administrator of the Agency for Toxic Substances and Disease Registry and other Federal agencies shall consider: the differential sensitivities to exposures for vulnerable groups; the effects of low levels of a toxin over a period of time; cumulative and synergistic effects of multiple toxins; and methodological issues for studying exposures and diseases among small numbers of people, including units of measurement and analyses sensitive to disease clusters; and demographic information relevant for a determination of environmental justice concerns. As a result of the report in communities where the Administrator of the Agency for Toxic Substances Disease Registry has determined that adverse health impacts exist, the agency shall also make this information readily available to members of the community by providing information directly to the affected communities and tribal governments in the Environmental High Impact Areas. SEC. 402. MORATORIUM. If the report under section 401 finds significant adverse impacts of environmental pollution on human health in EHIAs, there shall be a moratorium on the siting or permitting of any new toxic chemical facility in any EHIA shown to emit toxic chemicals in quantities found to cause significant adverse impacts on human health. A new toxic chemical facility may be cited or permitted in such an EHIA during this period only if the Secretary and Administrator agree that-- (1) there will be no significant adverse impacts to human health; (2) the owner or operator of the facility demonstrates that the facility has developed a plan to maintain a comprehensive pollution prevention program; and (3) the facility demonstrates that it will minimize uncontrolled releases into the environment. The moratorium shall continue in effect in such an EHIA until the Administrator determines, upon petition of any interested party, that the health-based levels identified pursuant to section 401(5) have been attained at the EHIA. TITLE V--HEALTH REMEDIES SEC. 501. HEALTH SCREENING AND TREATMENT GRANTS. Within 1 year after the Secretary's biennial health assessment is released, in EHIAs shown to have adverse health outcomes related to environmental exposures, the Secretary shall establish a grant program to make available to public and nonprofit private entities awards for the purposes of providing community-wide medical screening and diagnostic services for environmentally related illnesses. Treatment services shall be provided for community residents with environmentally related illnesses if they lack private or public health insurance, and shall continue as long as medically necessary. Following community screening, the Secretary shall initiate a review of medical services within EHIAs to determine if the area or population would qualify as ``medically underserved'' or a ``health professional shortage area''. TITLE VI--POLLUTION REDUCTION SEC. 601. POLLUTION REDUCTION AND PREVENTION GRANTS. In EHIAs where the Secretary has determined that adverse health outcomes are related to environmental exposures, the Administrator shall immediately take efforts to reduce pollution in the area. The Administrator shall first make available to States with EHIAs pollution reduction/prevention grants which will involve community representatives, public health experts, local business, and government officials located within the EHIA in developing effective pollution reduction strategies. If within 1 year, the Administrator determines that significant steps have not been made to reduce pollution and risk to human health, the Administrator may take regulatory steps to reduce pollution in the area. TITLE VII--PROMOTION OF GREEN SPACE SEC. 701. DEVELOPMENT OF PARKS OR RECREATIONAL AREAS. Within 1 year after the Secretary's biennial health assessment is released, the Secretary of the Interior shall establish a grant program to make available to local public or nonprofit private entities within EHIAs awards for the development of parks and recreational spaces, and provide guidance for promoting environmentally sound use of the land. TITLE VIII--FUNDING SEC. 801. FUNDING. There are authorized to be appropriated to carry out this Act such sums as may be necessary.

TABLE OF CONTENTS: Title I: Identification of Environmental High Impact Areas Title II: Enforcement Initiatives Title III: Community Participation Title IV: Identification and Prevention of Health Impacts Title V: Health Remedies Title VI: Pollution Reduction Title VII: Promotion of Green Space Title VIII: Funding Environmental Justice Act of 1999 - Title I: Identification of Environmental High Impact Areas - Requires the Administrator of the Environmental Protection Agency to publish a list of 20 Environmental High Impact Areas (EHIAs) that are either counties or other geographic units in which high levels of chemicals are present and in which the population is exposed to such chemicals. Provides for revision and republication of such list at least every five years. Title II: Enforcement Initiatives - Directs the Administrator and the Assistant Secretary of the Occupational Safety and Health Administration to conduct compliance inspections or reviews of all toxic chemical facilities in EHIAs within one year after the publication of each EHIA list under title I. Title III: Community Participation - Requires the Administrator to make technical assistance grants for individuals in EHIAs for purposes of seeking guidance from experts to improve understanding of environmental and health concerns related to designation as an EHIA. Title IV: Identification and Prevention of Health Impacts - Directs the Secretary of Health and Human Services to issue for public comment a report identifying the methodology used and nature and extent of acute and chronic impacts on human health in EHIAs as compared to non-EHIAs. (Sec. 402) Provides for a moratorium on the siting or permitting of any new toxic chemical facility in an EHIA shown to emit toxic chemicals in quantities causing significant adverse health impacts if the report finds significant adverse impacts of environmental pollution on human health in EHIAs. Permits such siting or permitting during a moratorium period only if the Secretary and Administrator agree that: (1) there will be no significant adverse health impacts; (2) the facility owner or operator demonstrates that the facility has a plan to maintain a comprehensive pollution prevention program; and (3) the facility demonstrates that it will minimize uncontrolled releases into the environment. Title V: Health Remedies - Requires the Secretary to establish a grant program to make available to public and nonprofit private entities awards for providing community-wide medical screening and diagnostic services for environmentally related illnesses in EHIAs shown to have adverse health outcomes related to environmental exposures. Title VI: Pollution Reduction - Directs the Administrator, in EHIAs where the Secretary has determined that adverse health outcomes are related to environmental exposures, to take efforts immediately to reduce pollution. Requires the Administrator to make available pollution reduction and prevention grants to States with EHIAs for developing pollution reduction strategies. Authorizes the Administrator to take regulatory steps to reduce pollution if significant steps have not been made to reduce pollution and risk to human health in such areas. Title VII: Promotion of Green Space - Directs the Secretary of the Interior to establish a grant program to make available to local public or nonprofit private entities within EHIAs awards for the development of parks and recreational spaces and to provide guidance for promoting environmentally sound use of land. Title VIII: Funding - Authorizes appropriations.

Environmental Justice Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Part D Drug Class Protection Act of 2007''. SEC. 2. SPECIAL TREATMENT UNDER MEDICARE PART D FOR DRUGS IN 6 SPECIFIED THERAPEUTIC CATEGORIES. (a) Medicare Part D Formularies Required To Cover All Drugs in 6 Specified Therapeutic Categories.-- (1) In general.--Section 1860D-4(b)(3) of the Social Security Act (42 U.S.C. 1395w-104(b)(3)) is amended-- (A) in subparagraph (C)(i), by inserting ``, except as provided in subparagraph (G),'' after ``although''; and (B) by inserting after subparagraph (F) the following new subparagraph: ``(G) Required inclusion of drugs in certain therapeutic categories and classes.-- ``(i) Requirement.--The formulary must include, subject to clause (iii), all or substantially all drugs in each of the following therapeutic categories of covered part D drugs: ``(I) Immunosuppresessants. ``(II) Antidepressants. ``(III) Antipsychotics. ``(IV) Anticonvulsants. ``(V) Antiretrovials. ``(VI) Antineoplastics. ``(ii) Coverage of all unique dosage forms.--To meet the requirement under clause (i), the formulary must include all covered part D drugs and unique dosages and forms of such drugs in the categories specified in such clause, except for-- ``(I) multi-source brands of the identical molecular structure; ``(II) extended release products in the case that the immediate release product involved is included on the formulary; ``(III) products that have the same active ingredient; and ``(IV) dosage forms that do not provide a unique route of administration, such as tablets and capsules. ``(iii) Application to new fda-approved drugs.--In the case of a drug that becomes a covered part D drug and that is included in a category specified in clause (i), clause (i) shall apply to such drug 30 days after the drug has been placed on the market. Nothing in the previous sentence shall be construed as preventing a pharmacy and therapeutic committee from advising a PDP sponsor of a prescription drug plan on the clinical appropriateness of formulary management practices and policies related to new drugs in such categories. ``(iv) Utilization management tools not permitted.--A PDP sponsor of a prescription drug plan may not apply a utilization management tool, such as prior authorization or step therapy, to a drug required under clause (i) to be included on the formulary. ``(v) Rules of construction.-- ``(I) Issuance of guidance or regulations to establish formulary or utilization management requirements permitted.--Nothing in this subparagraph shall be construed as prohibiting the Secretary from issuing guidance or regulations to establish formulary or utilization management requirements under this section for any category or class of covered part D drugs if such guidance or regulations are consistent with the requirements of this subparagraph. ``(II) Additional therapeutic categories permitted.--Nothing in this subparagraph shall be construed as prohibiting the Secretary from including any additional therapeutic category or class of covered part D drugs under clause (i) for purposes of this subparagraph.''. (2) Effective date.--The amendments made by paragraph (1) shall apply to plan years beginning on or after January 1, 2008. (b) Special Requirements for Coverage Determinations, Reconsiderations, and Appeals for Drugs Included in Specified Therapeutic Categories.-- (1) In general.--Section 1860D-4(g) of the Social Security Act (42 U.S.C. 1395w-104(g)) is amended by adding at the end the following new paragraph: ``(3) Reconsideration of determinations related to drugs included in specified therapeutic categories conducted by independent review entity.--With respect to a part D eligible individual enrolled in a prescription drug plan, in the case of a determination under this subsection that denies such individual coverage (in whole or in part) of a drug in a category specified in subsection (b)(3)(G)(i), the individual may request that the reconsideration of such determination authorized under section 1852(g)(2) (as applied by paragraph (1)) be conducted by the independent, outside entity described in paragraph (4) of section 1852(g) in accordance with the procedures for an expedited reconsideration under paragraph (3) of such section. ``(4) Required coverage of drugs included in specified therapeutic categories during determinations, reconsiderations, and appeals.--If a part D eligible individual enrolled in a prescription drug plan offered by a PDP sponsor requests a redetermination or reconsideration under this subsection (or an appeal under subsection (h)) with respect to an utilization management requirement or denial of coverage (in whole or in part) of a drug in a category specified in subsection (b)(3)(G)(i), such sponsor shall provide such individual with coverage of such drug as prescribed during the pendency of such redetermination, reconsideration, or appeal until 60 days after the date of receipt of a written notification of-- ``(A) in the case that the individual does not request a reconsideration or appeal, the determination on such redetermination; ``(B) in the case that the individual requests a reconsideration but not an appeal, the determination on such reconsideration; or ``(C) in the case that the individual requests an appeal, the determination on such appeal or the dismissal of the appeal; except that in no case shall such coverage end before the end of the period in which an individual may file an appeal with respect to the determination involved.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to requests for redeterminations, reconsiderations, and appeal hearings made on or after the effective date described in subsection (a)(2). (c) Reporting Requirements for Drugs Included in Specified Therapeutic Categories.-- (1) In general.--Section 1860D-4(b) of the Social Security Act (42 U.S.C. 1395w-104(b)) is amended by adding at the end the following new paragraph: ``(4) Reporting requirements for drugs included in specified therapeutic categories.-- ``(A) Reports by pdp sponsors.--A PDP sponsor offering a prescription drug plan shall submit to the Secretary (in a form and manner specified by the Secretary), with respect to drugs in a category of covered part D drugs specified in subsection (b)(3)(G)(i), information on the number of favorable and unfavorable decisions under the plan relating to coverage determinations, redeterminations, reconsiderations, appeals, and enrollee requests for exceptions to formulary policies for such drugs. ``(B) Report to congress.--The Secretary shall submit an annual report to Congress summarizing the information submitted under subparagraph (A) and shall publish each report in the Federal Register.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to prescription drug plans and MA plans for plan years beginning on or after the effective date described in subsection (a)(2).

Medicare Part D Drug Class Protection Act of 2007 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to require that Medicare prescription drug plans using formularies cover all drugs included in six specified therapeutic categories. Sets forth special requirements for reconsideration of coverage determinations, and appeals for drugs included in such categories. Establishes reporting requirements for drugs in these categories.

To amend title XVIII of the Social Security Act to require that Medicare prescription drug plans using formularies cover all drugs included in 6 specified therapeutic categories, to establish protective requirements for coverage determinations, reconsiderations, and appeals related to such drugs, and to require annual reports on such determinations, reconsiderations, and appeals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Older Americans Act Technical Amendments of 1993''. SEC. 2. TECHNICAL AMENDMENTS TO THE OLDER AMERICANS ACT OF 1965. The Older Americans Act of 1965 (42 U.S.C. 3001-3058ee) is amended-- (1) in section 102(3) by inserting ``of the United States'' after ``Virgin Islands'', (2) in section 202(a)(18)-- (A) by striking ``, and service providers,'', and (B) by inserting ``, and service providers,'' after ``on aging'', (3) in section 202(a)(27)(C) by striking ``1994'' and inserting ``1995'', (4) in section 203(a)(3) by striking ``Federal'' the first place it appears, (5) in section 206(g)-- (A) in paragraph (1) by striking ``1994'' and inserting ``1995'', (B) in paragraph (2)(B) by striking ``1993'' and inserting ``1994'', and (C) in paragraph (3) by striking ``1994'' and inserting ``1995'', (6) in the first sentence of section 211 by striking ``agencies,'' and inserting ``agencies'', (7) in section 302 by striking paragraph (10), (8) in paragraphs (1) and (2) of section 305(b) by striking ``clause (1) of subsection (a)'' each place it appears, and inserting ``subsection (a)(1)'', (9) in section 307-- (A) in section 307(a)-- (i) in the last sentence of paragraph (8) by striking ``knowledgable'' and inserting ``knowledgeable'', and (ii) in paragraph (24) by striking the semicolon at the end and inserting a period, and (B) in subsection (b)(2) by striking ``the requirement described in clause (3)(B) of subsection (a)'' and inserting ``such requirement'', (10) in section 310(a)(1) by striking ``Disaster Relief and Emergency Assistance Act'' and inserting ``Robert T. Stafford Disaster Relief and Emergency Assistance Act'', (11) in section 314(a) by striking ``(a) Promotion.--'', (12) in section 321(a)(15) by striking ``clause (16) of section 307(a)'' and inserting ``chapter 3 of subtitle A of title VII and section 307(a)(16)'', (13) in section 361(a) by inserting ``and Prevention'' after ``Control'', (14) in section 402(b) by striking ``Alcohol, Drug Abuse, and Mental Health Administration'' and inserting ``Substance Abuse and Mental Health Services Administration'', (15) in section 411(e) by striking ``431(b)'' and inserting ``section 431(b)'', (16) in the first sentence of section 421(a) by striking ``purposes'' the last place it appears and inserting ``purpose'', (17) in section 429G(a)(2)(B)(v)(X) by striking ``and'' at the end, (18) in subsections (a) and (b)(2) of section 429I by striking ``black'' and inserting ``Black'', (19) in section 429J(a)(2)(D) by inserting ``of 1974'' after ``Act'', (20) in section 510 by striking ``section 203 of such Act (29 U.S.C. 1603)'' and inserting ``sections 203 and 204(d)(5)(A) of such Act (29 U.S.C. 1603, 1604(d)(5)(A))'', and (21) in subsections (c) and (d) of section 614 by striking ``Commission'' and inserting ``Assistant Secretary''. SEC. 3. ASSISTANT SECRETARY FOR AGING. (a) Amendments to the Older Americans Act of 1965.--The Older Americans Act of 1965 (42 U.S.C. 3001-3058ee) is amended-- (1) by amending section 102(2) to read as follows: ``(2) The term `Assistant Secretary' means the Assistant Secretary for Aging.'', (2) in section 201-- (A) in subsection (a) by striking ``a Commissioner on'' and inserting ``an Assistant Secretary for'', (B) in subsection (c)-- (i) in paragraph (2) by striking ``an Associate Commissioner on'' and inserting ``a Director of the Office for'', and (ii) in paragraph (3) by striking ``Associate Commissioner on'' and inserting ``Director of the Office for'', (C) in subsection (d)-- (i) by striking ``an Associate Commissioner for Ombudsman Programs'' and inserting ``a Director of the Office of Long-Term Care Ombudsman Programs'', and (ii) by striking ``Associate Commissioner'' each place it appears and inserting ``Director'', and (D) by striking ``Commissioner'' each place it appears and inserting ``Assistant Secretary'', (3) in section 202-- (A) in the heading by striking ``commissioner'' and inserting ``assistant secretary'', (B) in subsection (a)(21)(A) by striking ``Associate Commissioner for Ombudsman Programs'' and inserting ``Director of the Office of Long-Term Care Ombudsman Programs'', (C) in subsection (e)(1)(A)(iv) by striking ``Associate Commissioner on'' and inserting ``Director of the Office for'', and (D) by striking ``Commissioner'' each place it appears and inserting ``Assistant Secretary'', (4) in sections 212 and 429E-- (A) by striking ``Associate Commissioner on'' and inserting ``Director of the Office for'', and (B) by striking ``Commissioner'' each place it appears and inserting ``Assistant Secretary'', (5) in section 307-- (A) in subsections (d) and (e) by striking ``Commissioner's'' each place it appears and inserting ``Assistant Secretary's'', and (B) by striking ``Commissioner'' each place it appears and inserting ``Assistant Secretary'', (6) in section 311(a)(4)(B) by striking ``Commissioner'' and inserting ``Assistant Secretary for Aging'', (7) in section 427-- (A) in subsection (a) by striking ``Commissioner'' and inserting ``Assistant Secretary'', and (B) in subsection (b) by striking ``Commissioner on Aging'' each place it appears and inserting ``Assistant Secretary'', (8) in subsections (a) and (b)(1) of section 503, and in section 505(a), by striking ``Commissioner'' each place it appears and inserting ``Assistant Secretary for Aging'', (9) in section 712-- (A) in subsection (h)(4)(A) by striking ``Associate Commissioner for Ombudsman Programs'' and inserting ``Director of the Office of Long-Term Care Ombudsman Programs'', and (B) by striking ``Commissioner'' each place it appears and inserting ``Assistant Secretary'', (10) in section 751-- (A) in subsection (a) by striking ``Associate Commissioner on'' and inserting ``Director of the Office for'', and (B) in subsections (a) and (b) by striking ``Commissioner'' each place it appears and inserting ``Assistant Secretary'', (11) in the headings of sections 338B(b), 429A(g)(2), 429G(c)(2), and 763(b) by striking ``Commissioner'' and inserting ``Assistant Secretary'', (12) in the heading of section 433 by striking ``commissioner'' and inserting ``assistant secretary'', and (13) by striking ``Commissioner'' each place it appears, and inserting ``Assistant Secretary'', in sections 203(a), 203A, 204(d), 205, 206(g), 207, 211, 214, 215(b)(2), 301, 304, 305, 306, 308, 309(a), 310, 312, 313(a), 314, 321, 331, 336, 337, 338(a), 338A, 338B, 341, 351, 361, 381, 402, 411, 412, 421, 422, 423, 424, 425(a), 428, 429, 429A, 429B, 429C, 429D, 429F, 429G, 429H, 429I, 429J, 431, 432, 433, 613, 614, 614A, 623, 624, 631, 632, 701, 703, 705(a)(7)(D), 713, 741(a)(4)(G), 763, and 764(a). (b) Amendments to Other Law.--(1) Section 5315 of title 5 of the United States Code is amended in the item relating to Assistant Secretaries of Health and Human Services by striking ``(5)'' and inserting ``(6)''. (2) Section 9(b) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 958(b)) is amended by striking ``Commissioner on Aging'' and inserting ``Assistant Secretary for Aging''. (3) Sections 911(a)(8) and 921(a)(2) of the Alzheimer's Disease and Related Dementias Services Research Act of 1986 (42 U.S.C. 11211(a)(8), 11221(a)(2)) are amended by striking ``Commissioner on Aging'' and inserting ``Assistant Secretary for Aging''. (4) Section 17(o)(3)(A) of the National School Lunch Act (42 U.S.C. 1766(o)(3)(A)) is amended by striking ``Commissioner of Aging'' and inserting ``Assistant Secretary for Aging''. (c) References.--Any reference to the Commissioner on Aging in any order, rule, guideline, contract, grant, suit, or proceeding that is pending, enforceable, or in effect on the date of the enactment of this Act shall be deemed to be a reference to the Assistant Secretary for Aging. SEC. 4. MATTERS RELATING TO THE OLDER AMERICANS ACT AMENDMENTS OF 1992. (a) Technical Amendments.--The Older Americans Act Amendments of 1992 (Public Law 102-375; 106 Stat. 1195-1310) is amended-- (1) in section 202(g) by striking ``1993'' each place it appears and inserting ``1994'', (2) in section 211 by striking ``1994'' and inserting ``1995'', and (3) in section 502(b)-- (A) in the matter preceding paragraph (1) by striking ``The first sentence of section'' and inserting ``Section'', and (B) in paragraph (1) by inserting ``in the first sentence'' after ``(1)''. (b) Delayed Applicability of Certain Amendments.--The amendments made by-- (1) sections 303(a)(2), 303(a)(3), 304 (excluding paragraphs (1) and (2) of subsection (a)), 305, 306, 307, and 317, and (2) title VII, of the Older Americans Act Amendments of 1992 (Public Law 102-375; 106 Stat. 1221 et seq.) shall not apply with respect to fiscal year 1993. SEC. 5. TECHNICAL AMENDMENTS TO THE NATIVE AMERICAN PROGRAMS ACT OF 1974. The Native American Programs Act of 1974 (42 U.S.C. 2991-2992d) is amended-- (1) in section 802 by striking ``Alaskan'' and inserting ``Alaska'', and (2) in the first sentence of section 803(a) by striking ``nonreservation areas'' and inserting ``areas that are not Indian reservations or Alaska Native villages'', (3) in section 803A-- (A) in subsections (b), (c), and (d)(1) by striking ``to which a grant is awarded under subsection (a)(1)'' each place it appears, (B) in subsection (d)(2) by striking ``to which a grant is made under subsection (a)(1)'', and (C) in subsection (f)(1) by striking ``for fiscal years 1988, 1989, and 1990 the aggregate amount $3,000,000 for all such fiscal years'' and inserting ``for each of the fiscal years 1992, 1993, and 1994, $1,000,000'', (4) in section 803B(c)-- (A) in paragraph (5) by striking ``individuals who'' and inserting ``agencies described in section 803(a) that'', and (B) in paragraph (6) by striking ``such individuals'' and inserting ``Native Americans,'', (5) in section 806(a)(2) by striking ``Alaskan'' and inserting ``Alaska'', (6) in section 815-- (A) in paragraph (2) by striking ``Alaskan'' each place it appears and inserting ``Alaska'', and (B) in paragraph (4) by adding a semicolon at the end, and (6) in section 816-- (A) in subsections (a) and (b) by inserting a comma after ``803A'' each place it appears, (B) in subsection (c) by striking ``are'' and inserting ``is'', (C) in subsection (e) by striking ``fiscal years 1992 and 1993'' and inserting ``fiscal year 1994'', and (D) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively. SEC. 6. AMENDMENTS REGARDING THE WHITE HOUSE CONFERENCE ON AGING. Title II of the Older Americans Amendments of 1987 (42 U.S.C. 3001 note) is amended-- (1) in section 202(a) by striking ``December 31, 1994'' and inserting ``May 31, 1995,'', (2) in section 203(b)-- (A) in paragraph (1) by striking ``subsection (a)(2)'' and inserting ``subsection (a)(3)'', and (B) in paragraph (3) by striking ``subsection (a)(5)'' and inserting ``subsection (a)(6)'', (3) in section 204-- (A) in subsection (a)-- (i) in paragraph (1) by striking ``90 days after the enactment of the Older Americans Act Amendments of 1992'' and inserting ``December 31, 1993'', and (ii) in paragraph (2)(B) by striking ``60 days'' and inserting ``90 days'', (B) in subsection (b) by moving the left margin of paragraph (2) 2 ems to the right so as to align such margin with the left margin of paragraph (1), and (C) in subsection (d) by striking ``prescribed rate for GS- 18 under section 5332'' and inserting ``equivalent of the maximum rate of pay payable under section 5376'', (4) in section 206(5) by inserting ``of the United States'' after ``Virgin Islands'', and (5) in section 207-- (A) in subsection (a)(1) by striking ``1994'' and inserting ``1996'', and (B) in subsection (b)-- (i) in paragraph (1)-- (I) by striking ``June 30, 1995, or'', and (II) by striking ``, whichever occurs earlier'', (ii) in paragraph (2)-- (I) by striking ``June 30, 1995, or'', and (II) by striking ``, whichever occurs earlier,'', and (iii) in paragraph (3) by striking ``June 30, 1994'' and inserting ``December 31, 1995''. SEC. 7. AMENDMENTS TO THE COMMUNITY SERVICES BLOCK GRANT ACT. (a) Discretionary Authority.--Section 681(a)(2) of the Community Services Block Grant Act (42 U.S.C. 9910(a)(2)) is amended-- (1) in subparagraph (D) by striking ``(including'' and all that follows through ``facilities'', and inserting ``, including rental housing for low-income individuals'', (2) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, and (3) by inserting after subparagraph (D) the following: ``(E) technical assistance and training programs regarding the planning and development of rural community facilities (in selecting entities to carry out such programs, the Secretary shall give priority to organizations described in subparagraph (D));''. (b) Annual Report.--Section 682 of the Community Services Block Grant Act (42 U.S.C. 9911) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``contract with'' and inserting ``awarding a grant or contract to'', (ii) by striking ``this subtitle'' and inserting ``section 674'', and (iii) by striking subparagraphs (A) and (B) and inserting the following: ``(A) The uses of the Community Services Block Grant to the States that are related to the purposes of the subtitle. ``(B) The number of entities eligible for funds under this subtitle, the number of low-income persons served under this subtitle, and that amount of information concerning the demographics of the low-income populations served by such eligible entities as is determined to be feasible. ``(C) Any information in addition to that described in subparagraph (B) that the Secretary considers to be appropriate to carry out this subtitle, except that the Secretary may not require a State to provide such additional information until the expiration of the 1-year period beginning on the date on which the Secretary notifies such State that such additional information will be required to be provided.'', (B) by striking paragraphs (2) and (3), and (C) by adding at the end the following: ``(2) In selecting an entity to prepare a report under this subsection, the Secretary shall give a preference to any nonprofit entity that has demonstrated the ability to secure the voluntary cooperation of grantees under this subtitle in designing and implementing national Community Services Block Grant information systems.'', and (2) in subsection (b) by striking ``Not later'' and all that follows through ``prepared, the'', and inserting ``The''. (c) Technical Amendments.--The Community Services Block Grant Act (42 U.S.C. 9901-9912) is amended-- (1) in section 673(4) by inserting ``of the United States'' after ``Virgin Islands'', (2) in section 674(a)-- (A) in paragraphs (1)(B) and (2)(A)(ii) by striking ``681(c)'' each place it appears and inserting ``681(d)'', and (B) in paragraph (3) by inserting ``of the United States'' after ``Virgin Islands'', (3) in section 680(a) by striking ``681(c)'' and inserting ``681(d)'', and (4) in section 681A by striking ``Statewide'' and inserting ``statewide''. SEC. 8. TECHNICAL AMENDMENTS WITH RESPECT TO CHILD CARE. Section 8 of Public Law 102-586 is amended by striking ``Child Care and Development Block Grant Act Amendments of 1992'' each place it appears and inserting ``Child Care and Development Block Grant Act of 1990''. SEC. 9. AMENDMENTS TO THE CHILD ABUSE PREVENTION AND TREATMENT ACT. (a) In General.--The first sentence of section 114(d) of the Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992 (42 U.S.C. 5106a note; Public Law 102-295) is amended-- (1) by striking ``on October 1, 1993, or'', and (2) by striking ``, whichever occurs first''. (b) Effective Date.--The amendments made by subsection (a) take effect on September 30, 1993. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Older Americans Act Technical Amendments of 1993 - Makes numerous miscellaneous technical amendments necessitated by the enactment of the Older Americans Act Amendments of 1992 to various provisions of the Older Americans Act of 1965 (OAA), including those extending the deadlines for certain reports to the Congress, and those under OAA and other specified Federal laws elevating the Commissioner on Aging to Assistant Secretary for Aging within the Department of Health and Human Services. Amends the Older Americans Act Amendments of 1992 to: (1) extend the deadlines for obligating funds for operation of the National Ombudsman Resource Center and National Center on Elder Abuse; and (2) delay the applicability of certain amendments, including those relating to vulnerable elder rights protection activities. Amends the Native American Programs Act of 1974 to: (1) make numerous miscellaneous technical amendments; and (2) authorize appropriations for FY 1994 for demonstration projects for research related to Native American studies and Indian policy development and for a plan for the establishment of a National Center for Native American Studies and Indian Policy Development. Amends the Older Americans Amendments of 1987 to: (1) extend the deadline for the President to convene the White House Conference on Aging; (2) authorize appropriations for FY 1995 and 1996 for the Conference; and (3) make miscellaneous technical amendments regarding Conference administration and availability of funds. Amends the Community Services Block Grant Act to: (1) make miscellaneous technical amendments to various provisions of such Act; (2) change annual reporting requirements; and (3) split the discretionary grants program for rural housing and community facilities into two separate items. Amends specified Federal law authorizing appropriations for the continued implementation of the Juvenile Justice and Delinquency Prevention Act of 1974 to replace references to the Development Block Grant Act Amendments of 1992 with references to the Child Care and Development Block Grant Act of 1990. Amends the Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992 to make certain changes to the State grant program for child abuse and neglect prevention and treatment effective only after annual appropriations reach $40 million.

Older Americans Act Technical Amendments of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Yankton Sioux Tribe and Santee Sioux Tribe Equitable Compensation Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) by enacting the Act of December 22, 1944, commonly known as the ``Flood Control Act of 1944'' (58 Stat. 887, chapter 665; 33 U.S.C. 701-1 et seq.) Congress approved the Pick-Sloan Missouri River Basin program (referred to in this section as the ``Pick-Sloan program'')-- (A) to promote the general economic development of the United States; (B) to provide for irrigation above Sioux City, Iowa; (C) to protect urban and rural areas from devastating floods of the Missouri River; and (D) for other purposes; (2) the waters impounded for the Fort Randall and Gavins Point projects of the Pick-Sloan program have inundated the fertile, wooded bottom lands along the Missouri River that constituted the most productive agricultural and pastoral lands of, and the homeland of, the members of the Yankton Sioux Tribe and the Santee Sioux Tribe; (3) the Fort Randall project (including the Fort Randall Dam and Reservoir) overlies the western boundary of the Yankton Sioux Tribe Indian Reservation; (4) the Gavins Point project (including the Gavins Point Dam and Reservoir) overlies the eastern boundary of the Santee Sioux Tribe; (5) although the Fort Randall and Gavins Point projects are major components of the Pick-Sloan program, and contribute to the economy of the United States by generating a substantial amount of hydropower and impounding a substantial quantity of water, the reservations of the Yankton Sioux Tribe and the Santee Sioux Tribe remain undeveloped; (6) the United States Army Corps of Engineers took the Indian lands used for the Fort Randall and Gavins Point projects by condemnation proceedings; (7) the Federal Government did not give the Yankton Sioux Tribe and the Santee Sioux Tribe an opportunity to receive compensation for direct damages from the Pick-Sloan program, even though the Federal Government gave 5 Indian reservations upstream from the reservations of those Indian tribes such an opportunity; (8) the Yankton Sioux Tribe and the Santee Sioux Tribe did not receive just compensation for the taking of productive agricultural Indian lands through the condemnation referred to in paragraph (6); (9) the settlement agreement that the United States entered into with the Yankton Sioux Tribe and the Santee Sioux Tribe to provide compensation for the taking by condemnation referred to in paragraph (6) did not take into account the increase in property values over the years between the date of taking and the date of settlement; and (10) in addition to the financial compensation provided under the settlement agreements referred to in paragraph (9)-- (A) the Yankton Sioux Tribe should receive an aggregate amount equal to $23,023,743 for the loss value of 2,851.40 acres of Indian land taken for the Fort Randall Dam and Reservoir of the Pick-Sloan program; and (B) the Santee Sioux Tribe should receive an aggregate amount equal to $4,789,010 for the loss value of 593.10 acres of Indian land located near the Santee village. SEC. 3. DEFINITIONS. In this Act: (1) Indian tribe.--The term ``Indian tribe'' has the meaning given that term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(e)). (2) Santee sioux tribe.--The term ``Santee Sioux Tribe'' means the Santee Sioux Tribe of Nebraska. (3) Yankton sioux tribe.--The term ``Yankton Sioux Tribe'' means the Yankton Sioux Tribe of South Dakota. SEC. 4. YANKTON SIOUX TRIBE DEVELOPMENT TRUST FUND. (a) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Yankton Sioux Tribe Development Trust Fund'' (referred to in this section as the ``Fund''). The Fund shall consist of any amounts deposited in the Fund under this Act. (b) Funding.--On the first day of the 11th fiscal year that begins after the date of enactment of this Act, the Secretary of the Treasury shall, from the General Fund of the Treasury, deposit into the Fund established under subsection (a)-- (1) $23,023,743; and (2) an additional amount that equals the amount of interest that would have accrued on the amount described in paragraph (1) if such amount had been invested in interest-bearing obligations of the United States, or in obligations guaranteed as to both principal and interest by the United States, on the first day of the first fiscal year that begins after the date of enactment of this Act and compounded annually thereafter. (c) Investment of Trust Fund.--It shall be the duty of the Secretary of the Treasury to invest such portion of the Fund as is not, in the Secretary of Treasury's judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. The Secretary of the Treasury shall deposit interest resulting from such investments into the Fund. (d) Payment of Interest to Tribe.-- (1) Withdrawal of interest.--Beginning on the first day of the 11th fiscal year after the date of enactment of this Act and, on the first day of each fiscal year thereafter, the Secretary of the Treasury shall withdraw the aggregate amount of interest deposited into the Fund for that fiscal year and transfer that amount to the Secretary of the Interior for use in accordance with paragraph (2). Each amount so transferred shall be available without fiscal year limitation. (2) Payments to yankton sioux tribe.-- (A) In general.--The Secretary of the Interior shall use the amounts transferred under paragraph (1) only for the purpose of making payments to the Yankton Sioux Tribe, as such payments are requested by that Indian tribe pursuant to tribal resolution. (B) Limitation.--Payments may be made by the Secretary of the Interior under subparagraph (A) only after the Yankton Sioux Tribe has adopted a tribal plan under section 6. (C) Use of payments by yankton sioux tribe.--The Yankton Sioux Tribe shall use the payments made under subparagraph (A) only for carrying out projects and programs under the tribal plan prepared under section 6. (e) Transfers and Withdrawals.--Except as provided in subsections (c) and (d)(1), the Secretary of the Treasury may not transfer or withdraw any amount deposited under subsection (b). SEC. 5. SANTEE SIOUX TRIBE DEVELOPMENT TRUST FUND. (a) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Santee Sioux Tribe Development Trust Fund'' (referred to in this section as the ``Fund''). The Fund shall consist of any amounts deposited in the Fund under this Act. (b) Funding.--On the first day of the 11th fiscal year that begins after the date of enactment of this Act, the Secretary of the Treasury shall, from the General Fund of the Treasury, deposit into the Fund established under subsection (a)-- (1) $4,789,010; and (2) an additional amount that equals the amount of interest that would have accrued on the amount described in paragraph (1) if such amount had been invested in interest-bearing obligations of the United States, or in obligations guaranteed as to both principal and interest by the United States, on the first day of the first fiscal year that begins after the date of enactment of this Act and compounded annually thereafter. (c) Investment of Trust Fund.--It shall be the duty of the Secretary of the Treasury to invest such portion of the Fund as is not, in the Secretary of Treasury's judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. The Secretary of the Treasury shall deposit interest resulting from such investments into the Fund. (d) Payment of Interest to Tribe.-- (1) Withdrawal of interest.--Beginning on the first day of the 11th fiscal year after the date of enactment of this Act and, on the first day of each fiscal year thereafter, the Secretary of the Treasury shall withdraw the aggregate amount of interest deposited into the Fund for that fiscal year and transfer that amount to the Secretary of the Interior for use in accordance with paragraph (2). Each amount so transferred shall be available without fiscal year limitation. (2) Payments to santee sioux tribe.-- (A) In general.--The Secretary of the Interior shall use the amounts transferred under paragraph (1) only for the purpose of making payments to the Santee Sioux Tribe, as such payments are requested by that Indian tribe pursuant to tribal resolution. (B) Limitation.--Payments may be made by the Secretary of the Interior under subparagraph (A) only after the Santee Sioux Tribe has adopted a tribal plan under section 6. (C) Use of payments by santee sioux tribe.--The Santee Sioux Tribe shall use the payments made under subparagraph (A) only for carrying out projects and programs under the tribal plan prepared under section 6. (e) Transfers and Withdrawals.--Except as provided in subsections (c) and (d)(1), the Secretary of the Treasury may not transfer or withdraw any amount deposited under subsection (b). SEC. 6. TRIBAL PLANS. (a) In General.--Not later than 24 months after the date of enactment of this Act, the tribal council of each of the Yankton Sioux and Santee Sioux Tribes shall prepare a plan for the use of the payments to the tribe under section 4(d) or 5(d) (referred to in this subsection as a ``tribal plan''). (b) Contents of Tribal Plan.--Each tribal plan shall provide for the manner in which the tribe covered under the tribal plan shall expend payments to the tribe under section 4(d) or 5(d) to promote-- (1) economic development; (2) infrastructure development; (3) the educational, health, recreational, and social welfare objectives of the tribe and its members; or (4) any combination of the activities described in paragraphs (1), (2), and (3). (c) Tribal Plan Review and Revision.-- (1) In general.--Each tribal council referred to in subsection (a) shall make available for review and comment by the members of the tribe a copy of the tribal plan for the Indian tribe before the tribal plan becomes final, in accordance with procedures established by the tribal council. (2) Updating of tribal plan.--Each tribal council referred to in subsection (a) may, on an annual basis, revise the tribal plan prepared by that tribal council to update the tribal plan. In revising the tribal plan under this paragraph, the tribal council shall provide the members of the tribe opportunity to review and comment on any proposed revision to the tribal plan. (3) Consultation.--In preparing the tribal plan and any revisions to update the plan, each tribal council shall consult with the Secretary of the Interior and the Secretary of Health and Human Services. (4) Audit.-- (A) In general.--The activities of the tribes in carrying out the tribal plans shall be audited as part of the annual single-agency audit that the tribes are required to prepare pursuant to the Office of Management and Budget circular numbered A-133. (B) Determination by auditors.--The auditors that conduct the audit described in subparagraph (A) shall-- (i) determine whether funds received by each tribe under this section for the period covered by the audits were expended to carry out the respective tribal plans in a manner consistent with this section; and (ii) include in the written findings of the audits the determinations made under clause (i). (C) Inclusion of findings with publication of proceedings of tribal council.--A copy of the written findings of the audits described in subparagraph (A) shall be inserted in the published minutes of each tribal council's proceedings for the session at which the audit is presented to the tribal councils. (d) Prohibition on Per Capita Payments.--No portion of any payment made under this Act may be distributed to any member of the Yankton Sioux Tribe or the Santee Sioux Tribe of Nebraska on a per capita basis. SEC. 7. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND SERVICES. (a) In General.--No payment made to the Yankton Sioux Tribe or Santee Sioux Tribe pursuant to this Act shall result in the reduction or denial of any service or program to which, pursuant to Federal law-- (1) the Yankton Sioux Tribe or Santee Sioux Tribe is otherwise entitled because of the status of the tribe as a federally recognized Indian tribe; or (2) any individual who is a member of a tribe under paragraph (1) is entitled because of the status of the individual as a member of the tribe. (b) Exemptions From Taxation.--No payment made pursuant to this Act shall be subject to any Federal or State income tax. (c) Power Rates.--No payment made pursuant to this Act shall affect Pick-Sloan Missouri River Basin power rates. SEC. 8. STATUTORY CONSTRUCTION. Nothing in this Act may be construed as diminishing or affecting any water right of an Indian tribe, except as specifically provided in another provision of this Act, any treaty right that is in effect on the date of enactment of this Act, or any authority of the Secretary of the Interior or the head of any other Federal agency under a law in effect on the date of enactment of this Act. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act, including such sums as may be necessary for the administration of the Yankton Sioux Tribe Development Trust Fund under section 4 and the Santee Sioux Tribe Development Trust Fund under section 5. SEC. 10. EXTINGUISHMENT OF CLAIMS. Upon the deposit of funds under sections 4(b) and 5(b), all monetary claims that the Yankton Sioux Tribe or the Santee Sioux Tribe of Nebraska has or may have against the United States for loss of value or use of land related to lands described in section 2(a)(10) resulting from the Fort Randall and Gavins Point projects of the Pick-Sloan Missouri River Basin program shall be extinguished. Passed the Senate July 24, 2002. Attest: JERI THOMSON, Secretary.

Title I: Yankton Sioux and Santee Sioux Tribes Equitable Compensation - Yankton Sioux Tribe and Santee Sioux Tribe Equitable Compensation Act - (Sec. 104) Establishes in the Treasury the Yankton Sioux Tribe Development Trust Fund and the Santee Sioux Tribe Development Trust Fund.Directs the Secretary of the Treasury (Secretary), on the first day of the 11th fiscal year beginning after enactment of this Act, to transfer from the General Fund into such Funds specified amounts plus the equivalent of the annually compounded interest that would have accrued on such amounts if they had been invested in interest-bearing U.S. obligations or in obligations guaranteed by the United States. Requires the Secretary to invest in such obligations the portion of such Funds not required to meet current withdrawals.Directs the Secretary, beginning the same day as such transfer, to withdraw the aggregate amount of interest deposited into the Funds each fiscal year and transfer it to the Secretary of the Interior for making payments to the Yankton Sioux Tribe and the Santee Sioux Tribe for carrying out projects and programs under their respective Tribal Plan.(Sec. 106) Directs the tribal council of each Tribe to prepare a Tribal Plan for using payments to carry out projects and programs to promote: (1) economic development; (2) infrastructure development; or (3) the educational, health, recreational, and social welfare objectives of the Tribe and its members. Prohibits per capita distributions to Tribe members.(Sec. 107) States that payments under this Act shall not affect other Federal services or programs to which the Tribes are otherwise entitled, or the Pick-Sloan Missouri River Basin power rates, nor be subject to Federal or State income tax.(Sec. 109) Authorizes appropriations.(Sec. 110) Extinguishes all monetary claims of the Tribes against the United States for loss of value or use of land resulting from the Fort Randall and Gavins Point projects of the Pick-Sloan Missouri River Basin program upon the Secretary's transfers to the tribal Funds established by this Act.Title II: Martin's Cove Land Transfer - Martin's Cove Land Transfer Act - (Sec. 202) Directs the Secretary of the Interior to offer to convey to the Corporation of the Presiding Bishop specified public lands (Martin's Cove in Natrona County, Wyoming) for the purposes of public education, historic preservation, and enhanced recreational enjoyment of the public. Requires the Corporation to pay the United States the historic fair market value of the property conveyed, including any improvements.Directs the Secretary and the Corporation to enter into an agreement, binding on any successor or assignee, that ensures that the property conveyed shall, consistent with the site's historic purposes: (1) be available in perpetuity for public education and historic preservation; and (2) provide to the public, in perpetuity and without charge, access to the property.Directs the Secretary to require that the Church of Jesus Christ of Latter Day Saints and its current or future affiliated corporations grant the United States a right of first refusal to acquire the property at historic fair market value if the Church or any of its corporations seeks to dispose of it.Requires that the proceeds of this conveyance be used exclusively by the National Trails Interpretive Center Foundation, Inc. of Casper, Wyoming, to advance the public understanding and enjoyment of the National Historic Trails System. Requires the Foundation to use such proceeds only to: (1) complete construction of the exhibits connected with the opening of the National Historic Trails Center; and (2) maintain, acquire, and further enhance the Center's exhibits, artistic representations, historic artifacts, and grounds.States that this title does not set a precedent for the resolution of land sales between or among private entities and the United States.

To provide equitable compensation to the Yankton Sioux Tribe of South Dakota and the Santee Sioux Tribe of Nebraska for the loss of value of certain lands, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Animal Drug Amendments of 1994''. SEC. 2. UNAPPROVED USES (a) General Rule.--Section 512(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(a)) is amended by adding the following new paragraphs at the end: ``(4)(A) Except as provided in subparagraph (B), if an approval of an application filed under subsection (b) is in effect with respect to a particular use or intended use of a new animal drug, the drug shall not be deemed unsafe for the purposes of paragraph (1) and shall be exempt from the requirements of section 502(f) with respect to a different use or intended use of the drug, other than a use in or on animal feed, if such use or intended use-- ``(i) is by or on the lawful written or oral order of a licensed veterinarian within the context of a veterinarian-client-patient relationship, as defined by the Secretary; and ``(ii) is in compliance with regulations promulgated by the Secretary that establish the conditions for such different use or intended use. Regulations under clause (ii) may prohibit particular uses of an animal drug and shall not permit such different use of an animal drug if the labeling of another animal drug which contains the same active ingredient and which is in the same dosage form and concentration provides for such different use. ``(B) If the Secretary finds that there is a reasonable probability that a use of an animal drug authorized under subparagraph (A) may present a risk to the public health, the Secretary may-- ``(i) establish a safe level for a residue of an animal drug when it is used for such different use authorized by subparagraph (A); and ``(ii) require the development of a practical, analytical method for the detection of residues of the drug above the safe level established under clause (i). The use of an animal drug which results in residues exceeding a safe level established under clause (i) shall be considered an unsafe use of such drug under paragraph (1). Safe levels may be established under clause (i) either by regulation or order. ``(C) The Secretary may by general regulation provide access to the records of veterinarians to ascertain any use or intended use authorized under subparagraph (A) that the Secretary has determined may present a risk to the public health. ``(D) If the Secretary finds, after affording an opportunity for public comment, that a use of an animal drug authorized under subparagraph (A) presents a risk to the public health or that an analytical method required under subparagraph (B) has not been developed and submitted to the Secretary, the Secretary may, by order, prohibit any such use. ``(5) If the approval of an application filed under section 505 is in effect, the drug under such application shall not be deemed unsafe for purposes of paragraph (1) and shall be exempt from the requirements of section 502(f) with respect to a use or intended use of the drug in animals if such use or intended use-- ``(A) is by or on the lawful written or oral order of a licensed veterinarian within the context of a veterinarian-client-patient relationship, as defined by the Secretary; and ``(B) is in compliance with regulations promulgated by the Secretary that establish the conditions for the use or intended use of the drug in animals.''. (b) Other Amendments.-- (1) Section 301.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended-- (A) in paragraph (e), by inserting ``512(a)(4)(C),'' before ``512(j)'', (B) by adding at the end the following: ``(u) The violation of section 512(a)(4)(A), 512(a)(4)(D), or 512(a)(5).''. (2) Section 512(e).--Section 512(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(e) is amended in subparagraph (A), by inserting before the semicolon the following: ``or the condition of use authorized under subsection (a)(4)(A)''. (3) Section 512(l).--Section 512(l)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(l)(1)) is amended by inserting after ``relating to experience'' the following: ``, including experience with uses authorized under subsection (a)(4)(A),''. (c) Regulations.--Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate regulations to implement paragraphs (4)(A) and (5) of section 512(a) of the Federal Food, Drug, and Cosmetic Act (as amended by subsection (a)). (d) Effective Date.--The amendments made by this section shall take effect upon the adoption of final regulations under subsection (c).

Animal Drug Amendments of 1994 - Amends the Federal Food, Drug, and Cosmetic Act to permit the extra-label use of drugs in animals if an approval of an application is in effect with respect to a particular use or intended use of a new animal drug and such use is upon the order of a licensed veterinarian within the context of a veterinarian-client-patient relationship and is in compliance with regulations that establish the conditions for such use. Authorizes the Secretary of Health and Human Services, if the Secretary finds that there is a reasonable probability that such use may present a risk to the public health, to establish a safe level for a residue of an animal drug when used for such different use and require the development of a practical, analytical method for the detection of residues of the drug above the safe level established. Prohibits such use if it results in residues exceeding the safe level.

Animal Drug Amendments of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Iran's Access to United States Dollars Act of 2016''. SEC. 2. PROHIBITION ON FACILITATION OF CERTAIN TRANSACTIONS INVOLVING THE GOVERNMENT OF IRAN OR IRANIAN PERSONS. (a) In General.--The President shall not issue any license under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) that permits a person-- (1) to conduct an offshore United States dollar clearing system for transactions involving the Government of Iran or an Iranian person; or (2) to provide United States dollars for any offshore United States dollar clearing system conducted or overseen by a foreign government or a foreign financial institution for transactions involving the Government of Iran or an Iranian person. (b) Definitions.--In this section: (1) Entity.--The term ``entity'' means a corporation, business association, partnership, trust, society, or any other entity. (2) Foreign financial institution.--The term ``foreign financial institution'' has the meaning of that term as determined by the Secretary of the Treasury pursuant to section 104(i) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(i)). (3) Person.--The term ``person'' means an individual or entity. SEC. 3. REPORTS ON, AND AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH RESPECT TO, OFFSHORE UNITED STATES DOLLAR CLEARING FOR TRANSACTIONS INVOLVING THE GOVERNMENT OF IRAN OR IRANIAN PERSONS. (a) Reports Required.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, and not less frequently than once every 90 days thereafter, the Secretary of the Treasury shall submit to the appropriate congressional committees and publish in the Federal Register a report that contains-- (A) a list of any financial institutions that the Secretary has identified as-- (i) operating an offshore United States dollar clearing system that conducts transactions involving the Government of Iran or an Iranian person; or (ii) participating in a transaction described in clause (i) through a system described in that clause; and (B) a detailed assessment of the status of efforts by the Secretary to prevent the conduct of transactions described in subparagraph (A)(i) through systems described in that subparagraph. (2) Form of report.--Each report submitted under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (b) Imposition of Sanctions.-- (1) In general.--The President shall, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of any financial institution specified in the most recent list submitted under subsection (a)(1)(A) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Additional sanctions.--The President may impose additional sanctions under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to a financial institution that is subject to sanctions under paragraph (1). (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note). SEC. 4. CLARIFICATION THAT FREEZING OF ASSETS OF IRANIAN FINANCIAL INSTITUTIONS INCLUDES ASSETS IN POSSESSION OR CONTROL OF A UNITED STATES PERSON PURSUANT TO A U-TURN TRANSACTION. Section 1245(c) of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a) is amended-- (1) by striking ``The President'' and inserting ``(1) In general.--The President''; and (2) by adding at the end the following: ``(2) Treatment of certain transactions.-- ``(A) U-turn transactions.--Property that comes within the possession or control of a United States person pursuant to a transfer of funds that arises from, and is ordinarily incident and necessary to give effect to, an underlying transaction shall be considered to come within the possession or control of that person for purposes of paragraph (1). ``(B) Book transfers.--A transfer of funds or other property for the benefit of an Iranian financial institution that is made between accounts of the same financial institution shall be considered property or interests in property of that Iranian financial institution for purposes of paragraph (1) even if that Iranian financial institution is not the direct recipient of the transfer.''.

Preventing Iran's Access to United States Dollars Act of 2016 This bill prohibits the President from issuing a license that permits a person to: conduct an offshore U.S. dollar clearing system for transactions involving the government of Iran or an Iranian person, or provide U.S. dollars for any offshore U.S. dollar clearing system conducted by a foreign government or a foreign financial institution for transactions involving the government of Iran or an Iranian person. The Department of the Treasury shall report to Congress: a list of financial institutions operating or participating in an offshore U.S. dollar clearing system that conducts transactions involving the government of Iran or an Iranian person, and an assessment of Treasury efforts to prevent such transactions. The President shall block and prohibit all transactions in property and property interests of any listed institution if the property and interests: (1) are in the United States, (2) come within the United States, or (3) are or come within the possession or control of a U.S. person. The President may impose additional sanctions pursuant to the International Emergency Economic Powers Act. The National Defense Authorization Act for Fiscal Year 2012 is amended to subject to sanctions: (1) u-turn transactions (fund transfers from a foreign bank that pass through a U.S. financial institution and are then transferred to a second foreign bank), and (2) book transfers (fund transfers for the benefit of an Iranian financial institution made between accounts of the same financial institution).

Preventing Iran's Access to United States Dollars Act of 2016

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Strengthening American Transportation Security Act of 2016''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; sense of Congress. Sec. 3. Definitions. Sec. 4. Conversion of screening personnel. Sec. 5. Transition rules. Sec. 6. Consultation requirement. Sec. 7. No right to strike. Sec. 8. Regulations. Sec. 9. Delegations to Administrator. Sec. 10. Authorization of appropriations. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) On September 11, 2001, 19 terrorists, who underwent airport security screening prior to boarding domestic flights, were able to commandeer 4 airplanes and use those airplanes to perpetrate the most deadly terrorist attack ever to be executed on United States soil. (2) In the aftermath of those attacks, Congress passed the Aviation and Transportation Security Act (Public Law 107-71), which was signed into law by President George W. Bush on November 19, 2001-- (A) to enhance the level of security screening throughout our aviation system; and (B) to transfer responsibility for such screening from the private sector to the newly established Transportation Security Administration (referred to in this section as ``TSA''). (3) By establishing TSA, Congress and the American public recognized that the highest level of screener performance was directly linked to employment and training standards, pay and benefits, and the creation of an experienced, committed screening workforce. (4) Section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) authorizes the Under Secretary of Transportation for Security to ``employ, appoint, discipline, terminate, and fix the compensation, terms, and conditions of employment of Federal service for such a number of individuals as the Under Secretary determines to be necessary to carry out the screening functions of the Under Secretary under section 44901 of title 49, United States Code''. The functions of the TSA were transferred to the Department of Homeland Security by section 403 of the Homeland Security Act of 2002 (6 U.S.C. 203). (5) TSA has interpreted the authorization set forth in paragraph (4) as applying to the majority of the Transportation Security Officer workforce performing screening functions, while all other Transportation Security Administration employees, including managers, are subject to title 5, United States Code, as incorporated in title 49 of such Code. (6) In November 2006, the International Labor Organization ruled that the Bush Administration violated international labor law when it prohibited Transportation Security Officers from engaging in collective bargaining. (7) After the Federal Labor Relations Board approved a petition for the election of an exclusive representative, on February 4, 2011, TSA Administrator John Pistole issued a binding determination stating that ``it is critical that every TSA employee feels that he or she has a voice and feels safe raising issues and concerns of all kinds. This is important not just for morale; engagement of every employee is critically important for security.''. (8) This determination was superseded by a second determination issued on December 29, 2014, which changed the previous guideline for collective bargaining and resulting in limitations in the subjects that can be bargained, issues in dispute that may be raised to an independent, third-party neutral decisionmaker (such as an arbitrator or the Merit Systems Protection Board), and barriers to union representation of the Transportation Security Officer workforce. (9) The 2011 and 2014 determinations both cited TSA's authority under section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) to create a personnel system that denies the Transportation Security Officer workforce the rights under title 5, United States Code, that are provided to most other Federal workers, including-- (A) the right to appeal adverse personnel decisions to the Merit Systems Protection Board; (B) fair pay under the General Services wage system, 2011; (C) fair pay and raises under the General Services wage system, including overtime guidelines, access to earned leave; (D) the application of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.); (E) fair performance appraisals under chapter 73 of title 5, United States Code; and (F) direct protections against employment discrimination set forth in title 7, United States Code. (b) Sense of Congress.--It is the sense of Congress that-- (1) the personnel system utilized by the Transportation Security Administration pursuant to section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) provides insufficient workplace protections for the Transportation Security Officer workforce, who are the frontline personnel who secure our Nation's aviation system; and (2) such personnel should be entitled to the protections under title 5, United States Code. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the official within the Department of Homeland Security who is responsible for overseeing and implementing transportation security pursuant to the Aviation and Transportation Security Act, whether designated as the Assistant Secretary of Homeland Security (Transportation Security Administration), the Administrator of the Transportation Security Administration, the Undersecretary of Transportation for Security, or otherwise. (2) Agency.--The term ``agency'' means an Executive agency, as defined by section 105 of title 5, United States Code. (3) Conversion date.--The term ``conversion date'' means the date as of which paragraphs (1) through (3) of section 3(b) take effect. (4) Covered employee.--The term ``covered employee'' means an employee who holds a covered position. (5) Covered position.--The term ``covered position'' means-- (A) a position within the Transportation Security Administration; and (B) any position within the Department of Homeland Security, not described in subparagraph (A), the duties and responsibilities of which involve providing transportation security in furtherance of the purposes of the Aviation and Transportation Security Act (Public Law 107-71), as determined by the Secretary. (6) Employee.--The term ``employee'' has the meaning given such term by section 2105 of title 5, United States Code. (7) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (8) TSA personnel management system.--The term ``TSA personnel management system'' means any personnel management system established or modified under-- (A) section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note); or (B) section 114(n) of title 49, United States Code. SEC. 4. CONVERSION OF SCREENING PERSONNEL. (a) Termination of Certain Personnel Authorities.-- (1) TSA personal management system.--Section 114 of title 49, United States Code, is amended by striking subsection (n). (2) Termination of flexibility in employment of screener personnel.--Section 111 of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) is amended by striking subsection (d). (3) Human resources management system.-- (A) In general.--Section 9701 of title 5, United States Code, is amended-- (i) by redesignating subsection (h) as subsection (i); and (ii) by inserting after subsection (g) the following: ``(h) Limitation.--The human resources management system authorized under this section shall not apply to covered employees or covered positions (as such terms are defined in section 3 of the Strengthening American Transportation Security Act of 2016).''. (B) Effective date.--The amendments made by subparagraph (A) shall take effect on the date set forth in subsection (b). (b) Covered Employees and Positions Made Subject to Same Personnel Management System as Applies to Civil Service Employees Generally.--On the earlier of a date determined by the Secretary or 60 days after the date of the enactment of this Act-- (1) all TSA personnel management personnel policies, directives, letters, and guidelines, including the Determinations of February 2011 and December 2014 shall cease to be effective; (2) any human resources management system established or adjusted under section 9701 of title 5, United States Code, shall cease to be effective with respect to covered employees and covered positions; and (3) covered employees and covered positions shall become subject to the applicable labor provisions under title 49, United States Code. SEC. 5. TRANSITION RULES. (a) Nonreduction in Rate of Pay.--Any conversion of an employee from a TSA personnel management system to the provisions of law referred to in section 4(b)(3) shall be effected, under pay conversion rules prescribed by the Secretary, without any reduction in the rate of basic pay payable to such employee. (b) Preservation of Other Rights.--The Secretary shall take any necessary actions to ensure, for any covered employee as of the conversion date, that-- (1) all service performed by such covered employee before the conversion date is credited in the determination of such employee's length of service for purposes of applying the provisions of law governing leave, pay, group life and health insurance, severance pay, tenure, and status, which are made applicable to such employee under section 4(b)(3); (2) all annual leave, sick leave, or other paid leave accrued, accumulated, or otherwise available to the covered employee immediately before the conversion date remains available to the employee, until used, while the employee remains continuously employed by the Department of Homeland Security; and (3) the Government share of any premiums or other periodic charges under the provisions of law governing group health insurance remains at the level in effect immediately before the conversion date while the employee remains continuously employed by the Department of Homeland Security. SEC. 6. CONSULTATION REQUIREMENT. (a) Exclusive Representative.--The labor organization certified by the Federal Labor Relations Authority on June 29, 2011, or successor organization shall be deemed the exclusive representative of full- and part-time nonsupervisory personnel carrying out screening functions under section 44901 of title 49, United States Code under chapter 71 of title 5, United States Code, with full rights under such chapter 71. (b) Consultation Rights.--Not later than 14 days after the date of the enactment of this Act, the Secretary shall-- (1) consult with the exclusive representative for employees under chapter 71 of title 5, United States Code, on the formulation of plans and deadlines to carry out the conversion of covered employees and covered positions under this Act; and (2) provide final written plans to the exclusive representative on how the Secretary intends to carry out the conversion of covered employees and covered positions under this Act, including with respect to-- (A) the proposed conversion date; and (B) measures to ensure compliance with section 5. (c) Required Agency Response.--If any views or recommendations are presented under subsection (b)(2) by the exclusive representative, the Secretary shall consider the views or recommendations before taking final action on any matter with respect to which the views or recommendations are presented and provide the exclusive representative a written statement of the reasons for the final actions to be taken. (d) Sunset Provision.--The provisions of this section shall cease to be effective as of the conversion date. SEC. 7. NO RIGHT TO STRIKE. Nothing in this Act may be construed-- (1) to repeal or otherwise affect-- (A) section 1918 of title 18, United States Code (relating to disloyalty and asserting the right to strike against the Government); or (B) section 7311 of title 5, United States Code (relating to loyalty and striking); or (2) to otherwise authorize any activity which is not permitted under either provision of law cited in paragraph (1). SEC. 8. REGULATIONS. The Secretary may prescribe any regulations that may be necessary to carry out this Act. SEC. 9. DELEGATIONS TO ADMINISTRATOR. The Secretary may, with respect to any authority or function vested in the Secretary under any of the preceding provisions of this Act, delegate any such authority or function to the Administrator of the Transportation Security Administration under such terms, conditions, and limitations, including the power of redelegation, as the Secretary considers appropriate. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Strengthening American Transportation Security Act of 2016 This bill expresses the sense of Congress that the personnel system used by the Transportation Security Administration (TSA) provides insufficient workplace protections for its workforce and such personnel should be entitled to protections under the civil service system applicable to all federal employees. The bill repeals personnel authorities of the Department of Homeland Security (DHS) and the Department of Transportation governing the conditions of employment for TSA employees, thus making TSA employees subject to the personnel management system applicable to all other federal employees. Within 60 days after the enactment of this bill or an earlier date set by DHS: (1) all TSA personnel management policies, directives, letters, and guidelines and any DHS human resources management system shall cease to be effective with respect to TSA employees; and (2) TSA employees shall become subject to labor provisions applicable to other federal transportation employees. The bill sets forth transition rules that protect the pay rates and other rights of TSA employees. DHS shall consult with the labor organization certified by the Federal Labor Relations Authority to carry out the conversion of TSA employees and positions to the civil service system. The provisions of this bill do not affect the prohibitions against disloyalty and asserting the right to strike against the federal government.

Strengthening American Transportation Security Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Money Laundering Prevention Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress makes the following findings: (1) Money laundering is a serious problem: between $100,000,000,000 and $300,000,000,000 in United States currency is ``laundered'' each year and the total dollar amount involved in international money laundering likely exceeds $500,000,000,000. (2) Money laundering is critical to the survival of the illicit drug trade, which has annual worldwide revenues of more than $400,000,000,000, more than 8 percent of the total value of international trade. (3) United States financial institutions are a critical link in our efforts to combat money laundering. (4) Highly secretive and loosely regulated private banking services that cater to wealthy clients are particularly vulnerable to use by drug traffickers for money laundering purposes, and it is estimated that private banking services have banking assets ranging from $200,000,000,000 to $300,000,000,000. (b) Purposes.--The purposes of this Act are as follows: (1) To ensure that United States financial institutions make combating money laundering the highest of priorities. (2) To close the existing gaps in law that allow money laundering to flourish in the private banking system. (3) To designate foreign high-intensity money laundering areas for the purpose of targeting areas of concentrated money laundering activities. (4) To require the Board of Governors of the Federal Reserve System to take into account money laundering activities in the consideration of applications under section 3 of the Bank Holding Company Act of 1956. SEC. 3. REPORT ON PRIVATE BANKING ACTIVITIES. (a) In General.--Before the end of the 1-year period beginning on the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Federal banking agencies (as defined in section 3(z) of the Federal Deposit Insurance Act) shall submit a report on private banking activities in the United States to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. (b) Contents of Report.--The report required under subsection (a) shall include information on the following: (1) The nature and extent of private banking activities in the United States. (2) Regulatory efforts to monitor private banking activities and ensure that such activities are conducted in compliance with subchapter II of chapter 53 of title 31, United States Code, and section 21 of the Federal Deposit Insurance Act. (3) The policies and procedures of depository institutions that are designed to ensure compliance by such institutions with the requirements of subchapter II of chapter 53 of title 31, United States Code, and section 21 of the Federal Deposit Insurance Act. (c) Private Banking Activities Defined.--For purposes of this section, the term ``private banking activities'' includes, with respect to a financial institution, personalized services, such as money management, financial advice, and investment services, that are provided to individuals with a high net worth and are not provided generally to all clients of the financial institution. SEC. 4. REQUIRE THAT ANTI-MONEY LAUNDERING PROGRAMS PROHIBIT MONEY LAUNDERING THROUGH CONCENTRATION ACCOUNTS AT FINANCIAL INSTITUTIONS BY REQUIRING THE AVAILABILITY OF CERTAIN ACCOUNT INFORMATION. Section 5318(h) of title 31, United States Code, is amended by adding at the end the following new paragraph: ``(3) Availability of certain account information.--The Secretary of the Treasury shall prescribe regulations under this subsection which require financial institutions to maintain all accounts in such a way as to ensure that-- ``(A) the name of the account holder and the number of the account are associated with all account activity of the account holder; and ``(B) all such information is available for purposes of account supervision and law enforcement.'' SEC. 5. DESIGNATION OF FOREIGN HIGH-INTENSITY MONEY LAUNDERING AREAS. (a) In General.--Subchapter III of chapter 53 of title 31, United States Code (as added by the Money Laundering and Financial Crimes Strategy Act of 1998) is amended by adding at the end the following new part: ``Part 3--International Money Laundering and Related Financial Crimes ``Sec. 5361. Designation of foreign high-intensity money laundering areas ``(a) In General.--The Secretary, in consultation with the Federal banking agencies, shall develop criteria for identifying areas outside the United States in which money laundering activities are concentrated. ``(b) Designation.--The Secretary shall designate as a high- intensity money laundering area any foreign country in which there is an area identified, in accordance with the criteria developed pursuant to subsection (a), as an area in which money laundering activities are concentrated. ``(c) Notice and Warning.--Upon the designation, under subsection (b), of a country as a high-intensity money laundering area, the Secretary shall provide-- ``(1) a written notice to each insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act), and each depository institution holding company (as defined in such section 3) that controls an insured depository institution, of the identity of the country designated; and ``(2) a written warning that there is a concentration of money laundering activity in such country.''. (b) Clerical Amendment.--The table of subchapters for chapter 53 of title 31, United States Code, is amended by adding at the end the following item: ``Part 3--International Money Laundering and Related Financial Crimes ``5361. Designation of foreign high-intensity money laundering areas.''. SEC. 6. DOUBLE THE CRIMINAL PENALTIES FOR VIOLATIONS INVOLVING HIGH- INTENSITY MONEY LAUNDERING AREAS. (a) In General.--Section 5322 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(d) Doubled Penalty.--The court may double the sentence of fine or imprisonment, or both, that could otherwise be imposed on any person for a violation described in subsection (a) or (b) if the person commits the violation with respect to a transaction involving a person in, a relationship maintained for a person in, or a transport of a monetary instrument involving a foreign country, knowing that a designation of the foreign country as a high-intensity money laundering area under section 5361 was in effect at the time of the violation.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to any violation committed on or after the date of the enactment of this Act. SEC. 7. AMENDMENT TO SECTION 3 OF THE BANK HOLDING COMPANY ACT OF 1956. (a) In General.--Section 3(c) of the Bank Holding Company Act of 1956 (12 U.S.C. 1842(c)) is amended by adding at the end the following new paragraph: ``(6) Money laundering.--In every case-- ``(A) the Board shall take into consideration the effectiveness of the company or companies in combating and preventing money laundering activities, including in overseas branches; ``(B) the Board shall not consider any application under this section involving any company which is the subject of any-- ``(i) pending Federal investigation of possible money laundering or other related financial crimes; or ``(ii) pending Federal prosecution for money laundering or other related financial crimes, until such investigation or prosecution is completed and a finding is made, except that this subparagraph shall not apply if the period for such completion and the making of findings exceeds 3 years; and ``(C) the Board shall disapprove any application under this section involving any company which has been found criminally or civilly liable for money laundering or any related financial crime during the 5-year period preceding the consideration of such application by the Board.''. (b) Scope of Application.--The amendment made by subsection (a) shall apply with respect to any application submitted to the Board of Governors of the Federal Reserve System under section 3 of the Bank Holding Company Act of 1956 after December 31, 1997, which has not been approved by the Board before the date of the enactment of this Act.

Money Laundering Prevention Act of 1999 - Directs the Secretary of the Treasury to submit a report to specified congressional committees on private banking activities in the United States. (Sec. 4) Amends Federal banking law to direct the Secretary to prescribe regulations which require financial institutions to maintain all accounts in such a way as to ensure that: (1) the the name of the account holder and the number of the account are associated with all account activity of such holder; and (2) all such information is available for purposes of account supervision and law enforcement. (Sec. 5) Directs the Secretary to develop criteria for identifying areas outside the United States in which money laundering activities are concentrated, designate such areas as high-intensity money laundering areas, provide a written notice to each insured depository institution and each depository institution holding company that controls an insured depository institution of the identity of the country designated, and provide a written warning that there is a concentration of money laundering activity in such country. (Sec. 6) Authorizes the court to double the sentence of fine, imprisonment, or both, that could be otherwise imposed if the person commits the violation with respect to a transaction involving a person in, a relationship maintained for a person in, or a transport of a monetary instrument involving a foreign country, knowing that a designation of the foreign country as a high-intensity money laundering area was in effect at the time of the violation. (Sec. 7) Amends the Bank Holding Company Act of 1956 to direct that the Board of Governors of the Federal Reserve System: (1) take into consideration the effectiveness of the company in combating and preventing money laundering activities, including in overseas branches; (2) not consider any application (regarding acquisition of bank shares or assets) involving any company which is the subject of any pending Federal investigation of possible money laundering or other related financial crimes, or pending Federal prosecution for such crimes, until such investigation or prosecution is completed and a finding is made, with an exception; and (3) disapprove any such application involving a company which has been found criminally or civilly liable for such a crime during the five-year period preceding consideration of such application by the Board.

Money Laundering Prevention Act of 1999

SECTION 1. CERTAIN THREE-RING BINDERS WHOLLY OR PREDOMINANTLY COVERED WITH POLYESTER FABRICS. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: `` 9902.73.01 Three-ring binders Free No change No change On or before with outer 12/31/2011... surface wholly or predominantly covered with polyester fabric (provided for in subheading 6307.90.98), with metal rings not exceeding approximately 51 mm in diameter, designed to contain standard sheets of letter- sized paper measuring approximately 51 mm by 280 mm..... 9902.73.02 Three-ring binders Free No change No change On or before with outer 12/31/2011... surface wholly or predominantly covered with polyester fabric (provided for in subheading 6307.90.98), with metal rings exceeding 51 mm diameter, designed to contain standard sheets of letter- sized paper measuring approximately 51 mm by 280 mm..... 9902.73.03 Three-ring binders Free No change No change On or before with outer 12/31/2011... surface wholly or predominantly covered with polyester fabric (provided for in subheading 6307.90.98), with metal rings not exceeding approximately 51 mm in diameter, designed to contain standard sheets of letter- sized paper measuring approximately 51 mm by 280 mm, with a zipper closure.......... 9902.73.04 Three-ring binders Free No change No change On or before with outer 12/31/2011... surface wholly or predominantly covered with polyester fabric (provided for in subheading 6307.90.98), with metal rings exceeding 51mm diameter, designed to contain standard sheets of letter- sized paper measuring approximately 51 mm by 280 mm, with a zipper closure.......... 9902.73.05 Three-ring binders Free No change No change On or before with outer 12/31/2011... surface wholly or predominantly covered with polyester fabric (provided for in subheading 6307.90.98), with metal rings not exceeding approximately 51 mm in diameter, designed to contain standard sheets of letter- sized paper measuring approximately 51 mm by 280 mm, with a hook and loop closure..... 9902.73.06 Three-ring binders Free No change No change On or before with outer 12/31/2011... surface wholly or predominantly covered with polyester fabric (provided for in subheading 6307.90.98), with metal rings not exceeding approximately 51 mm in diameter, designed to contain standard sheets of letter- sized paper measuring approximately 51 mm by 280 mm, with a hook and loop closure..... 9902.73.07 Three-ring binders Free No change No change On or before with outer 12/31/2011... surface wholly or predominantly covered with polyester fabric (provided for in subheading 6307.90.98), with metal rings not exceeding approximately 51 mm in diameter, designed to contain standard sheets of letter- sized paper measuring approximately 51 mm by 280 mm, with an elastic band closure..... 9902.73.08 Three-ring binders Free No change No change On or before ''. with outer 12/31/2011... surface wholly or predominantly covered with polyester fabric (provided for in subheading 6307.90.98), with metal rings exceeding 51mm in diameter, designed to contain standard sheets of letter- sized paper measuring approximately 51 mm by 280 mm, with an elastic band closure..... (b) Effective Date.--The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

Amends the Harmonized Tariff Schedule of the United States to suspend temporarily the duty on certain three-ring binders wholly or predominantly covered with polyester fabrics.

A bill to suspend temporarily the duty on certain three-ring binders wholly or predominantly covered with polyester fabrics.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dietary Supplement Full Implementation and Enforcement Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) Each year, more than 150,000,000 Americans regularly consume dietary supplements to maintain and improve their health. (2) Consumer expenditures on dietary supplements exceeded $25,000,000,000 in 2008. (3) Given the growing awareness of the importance of prevention and wellness in the health care system of the United States, it is vital that laws governing the safety of, and education about, dietary supplements be fully implemented and enforced. (4) In 1994, Congress approved, and the President signed into law, the Dietary Supplement Health and Education Act of 1994 (Public Law 103-417) (referred to in this Act as ``DSHEA''). DSHEA balanced the importance of continuing consumer access to vitamins, minerals, and other dietary supplements, promoting scientific research on the benefits and risks of dietary supplements, and fostering public education on the benefits and risks of supplement use with the need for regulatory safeguards to protect consumer health, including a new standard for safety, penalties for mislabeled or adulterated dietary supplements, rules to ensure scientific substantiation of the claims made regarding dietary supplements, and a notification requirement to the Food and Drug Administration before dietary supplements that contain certain new dietary ingredients may be marketed. (5) DSHEA requires that claims made on dietary supplement labels, packaging, and accompanying material be truthful, non- misleading, and substantiated. Manufacturers are prohibited from making claims that products are intended to diagnose, treat, mitigate, cure, or prevent a disease. (6) DSHEA requires that dietary supplements comply with good manufacturing practice (referred to in this section as ``GMP'') requirements, and authorizes the Food and Drug Administration to establish such requirements. (7) In 2007, after many years of delay, the Food and Drug Administration published regulations detailing the GMP requirements for dietary supplements, including requirements for identity, purity, strength, sanitary conditions, and recordkeeping. The Food and Drug Administration began to enforce those requirements in 2008. (8) DSHEA requires that, before marketing a dietary supplement containing certain new dietary ingredients, the manufacturer or distributor must submit notice to the Food and Drug Administration that includes information showing that the dietary supplement will reasonably be expected to be safe. According to the Food and Drug Administration, the Food and Drug Administration has raised objections to more than 70 percent of all new dietary ingredient notifications submitted to the agency. (9) The Food and Drug Administration has successfully used the adulteration provisions of DSHEA to remove from the marketplace dietary supplements that present an unreasonable risk of injury or illness. (10) In 2002, Congress passed the Public Health Security and Bioterrorism Preparedness and Response Act (Public Law 107- 188). This law requires any facility engaged in manufacturing, processing, packing, or holding food for consumption in the United States, including dietary supplements, to be registered with the Food and Drug Administration. (11) In 2006, Congress supplemented DSHEA by approving the Dietary Supplement and Nonprescription Drug Consumer Protection Act (Public Law 109-462). This law requires dietary supplement manufacturers, packers, and distributors to report promptly to the Food and Drug Administration any reports the manufacturer or other responsible person receives of serious adverse events associated with the use of the products of such manufacturer or other responsible person. Information the Food and Drug Administration receives under this reporting requirement may help the agency detect possible safety problems related to dietary supplement products or ingredients. (12) DSHEA created the Office of Dietary Supplements within the National Institutes of Health to expand research and consumer information about the health effects of dietary supplements. The Office of Dietary Supplements has greatly expanded the number of scientific studies of dietary supplements and the availability of reliable information to consumers. (13) While the Food and Drug Administration has taken some important steps to implement and enforce DSHEA and the other laws governing the regulation of dietary supplements, the agency has not fully implemented and enforced DSHEA and the other laws governing the regulation of dietary supplements. (14) Both the public and regulated industry would benefit from more guidance from the Food and Drug Administration on the procedures and definitions concerning the regulation of new dietary ingredients under section 413 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350b). (15) If the Food and Drug Administration determines that a product labeled as a dietary supplement includes an anabolic steroid or an analogue of an anabolic steroid, the Food and Drug Administration does not systematically notify the Drug Enforcement Administration of that determination. (16) The Food and Drug Administration needs adequate resources to implement and enforce DSHEA and other laws governing the regulation of dietary supplements appropriately. Congress has appropriated additional funds over the last several years to implement and enforce DSHEA, reaching more than $14,000,000 for fiscal year 2009. (17) According to the Food and Drug Administration, full implementation of DSHEA and the other laws governing the regulation of dietary supplements would require substantial additional resources. In 2002, the Food and Drug Administration reported to Congress in writing that the agency would need between $24,000,000 and $65,000,000 per year to fully implement DSHEA. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that: (1) The Food and Drug Administration should increase efforts to implement DSHEA more fully and effectively, by-- (A) providing Congress with a professional judgment estimate of the annual costs during the 5-year period beginning on the date of enactment of this Act to fully implement and enforce DSHEA and other dietary supplement laws and regulations under the jurisdiction of the Food and Drug Administration; (B) conducting inspections, using appropriately trained inspection personnel, of all facilities in which a dietary supplement is manufactured, processed, packed, or held to ensure compliance with the new dietary supplement good manufacturing practices regulations; (C) using the authority under DSHEA to protect the public from unsafe dietary supplement products and ingredients and to ensure that claims made are truthful, non-misleading, and substantiated, with highest regulatory priority given to cases of clear violations of the law (including the intentional adulteration and spiking of products); (D) implementing the recommendations contained in the January 2009 report of the Government Accountability Office, entitled, ``Dietary Supplements: FDA Should Take Further Actions To Improve Oversight and Consumer Understanding'', (GAO 09-250) that the Food and Drug Administration-- (i) require all dietary supplement manufacturers, packers, and distributors to identify themselves specifically as such under existing registration requirements and to update such information annually; (ii) promptly issue guidance to clarify when a dietary supplement ingredient is a new dietary ingredient, the evidence needed to document the safety of new dietary ingredients, and appropriate methods for establishing the identity of a new dietary ingredient; and (iii) coordinate with stakeholder groups involved in consumer outreach to identify, implement, and evaluate the effectiveness of additional mechanisms for educating consumers about the safety, efficacy, and labeling of dietary supplements; and (E) notifying the Drug Enforcement Administration if the Food and Drug Administration determines that the information in a new dietary ingredient notification submitted under section 413 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350b) is inadequate to establish that the new dietary ingredient will reasonably be expected to be safe, because the dietary supplement may contain an anabolic steroid or an analogue of an anabolic steroid. (2) The manufacturers, packers, retailers, and distributors of dietary supplements and dietary supplement ingredients should increase efforts to-- (A) comply fully with all requirements of DSHEA and the Dietary Supplement and Nonprescription Drug Consumer Protection Act; (B) cooperate fully and appropriately with the Food and Drug Administration in implementation and enforcement of Federal laws and regulations; and (C) provide the Food and Drug Administration with appropriate input on known and suspected violations of such laws and regulations. SEC. 4. AUTHORIZATION OF APPROPRIATIONS AND ALLOCATION OF RESOURCES. (a) Authorization of Appropriations.--There are authorized to be appropriated to carry out the Dietary Supplement Health and Education Act of 1994, the amendments made by such Act, and other provisions under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) that apply to dietary supplements, $30,000,000 for fiscal year 2011 and such sums as may be necessary for each of fiscal years 2012 through 2014. (b) Allocation of Funds for Fiscal Year 2010.--From funds appropriated to the Food and Drug Administration for fiscal year 2010 for the purpose of enhancing food safety, not less than $20,000,000 shall be expended to effectively and fully implement and enforce the Dietary Supplement Health and Education Act of 1994, the amendments made by such Act, and other provisions under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) that apply to dietary supplements. (c) Office of Dietary Supplements.--There are authorized to be appropriated for expanded research and development of consumer information on dietary supplements by the Office of Dietary Supplements at the National Institutes of Health-- (1) $40,000,000 for fiscal year 2010; and (2) such sums as may be necessary for each of the fiscal years 2011 through 2014. SEC. 5. ANNUAL ACCOUNTABILITY REPORT ON THE REGULATION OF DIETARY SUPPLEMENTS. (a) In General.--Not later than January 31, 2011, and annually thereafter, the Secretary of Health and Human Services shall submit a report to Congress on the implementation and enforcement of the Dietary Supplement Health and Education Act of 1994 and the amendments made by such Act. (b) Contents.--The report under subsection (a) shall include the following: (1) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to dietary supplement regulation during the prior fiscal year. (2) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to administering adverse event reporting systems, as such systems relate to dietary supplement regulation, during the prior fiscal year. (3) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to enforcement of dietary supplement labeling and claims requirements during the prior fiscal year and a brief explanation of the activities of such personnel. (4) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to the review and enforcement of good manufacturing practice requirements with respect to dietary supplements during the prior fiscal year. (5) The number of inspections at which the Food and Drug Administration evaluated or reviewed the compliance of a manufacturer with good manufacturing practices for dietary supplements during the prior fiscal year, and the number of times the Food and Drug Administration issued a warning letter because it determined that such manufacturer was not in compliance with some aspect of such requirements. (6) The number of new dietary ingredient notification reviews that the Food and Drug Administration performed during the prior fiscal year and the number of times the Food and Drug Administration objected to the marketing of the dietary supplement described in such notification reviews. (7) The number of times the Food and Drug Administration issued a warning letter or initiated an enforcement action against a manufacturer or distributor for failure to file a new dietary ingredient notification as required under section 413 of the Federal Food, Drug, and Cosmetic Act. (8) A brief summary and explanation of all enforcement actions taken by the Food and Drug Administration and the Department of Health and Human Services related to dietary supplements during the prior fiscal year, including the number and type of actions. (9) The number of times the Food and Drug Administration requested substantiation of dietary supplement claims from a manufacturer during the prior fiscal year, the number of times a manufacturer refused to provide such information, and the response of the agency in such situations. (10) The number of dietary supplement claims determined by the Food and Drug Administration during the prior fiscal year to be false, misleading, or not substantiated, and a description of the follow-up action taken by the agency in such instances. (11) The research and consumer education activities supported by the Office of Dietary Supplements of the National Institutes of Health during the prior fiscal year. (12) Any recommendations for administrative or legislative actions to improve the regulation of dietary supplements. (13) Any other information regarding the regulation of dietary supplements determined appropriate by the Secretary of Health and Human Services or the Commissioner of Food and Drugs. SEC. 6. NEW DIETARY INGREDIENTS. (a) Guidelines for Introducing New Dietary Ingredients.--Section 413 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350b) is amended-- (1) by redesignating subsection (c) as subsection (e); and (2) by inserting after subsection (b) the following: ``(c) Guidelines.--Not later than 180 days after the date of enactment of the Dietary Supplement Full Implementation and Enforcement Act of 2010, the Secretary shall publish guidance that clarifies when a dietary supplement ingredient is a new dietary ingredient, when the manufacturer or distributor of a dietary ingredient or dietary supplement should provide the Secretary with information as described in subsection (a)(2), the evidence needed to document the safety of new dietary ingredients, and appropriate methods for establishing the identity of a new dietary ingredient. ``(d) Notification to DEA.-- ``(1) In general.--If the Secretary determines that the information in a new dietary ingredient notification submitted under this section for an article purported to be a new dietary ingredient is inadequate to establish that a dietary supplement containing such article will reasonably be expected to be safe because the article may be, or may contain, an anabolic steroid or an analogue of an anabolic steroid, the Secretary shall notify the Drug Enforcement Administration of such determination. Such notification by the Secretary shall include, at a minimum, the name of the product or article, the name of the person or persons who marketed the product or made the submission of information regarding the article to the Secretary under this section, and any contact information for such person or persons that the Secretary has. ``(2) Definitions.--For purposes of this subsection-- ``(A) the term `anabolic steroid' has the meaning given such term in section 102(41) of the Controlled Substances Act; and ``(B) the term `analogue of an anabolic steroid' means a substance whose chemical structure is substantially similar to the chemical structure of an anabolic steroid.''.

Dietary Supplement Full Implementation and Enforcement Act of 2010 - Authorizes appropriations for FY2011-FY2014 to carry out the Dietary Supplement Health and Education Act of 1994 (DSHEA) and other provisions under the Federal Food, Drug, and Cosmetic Act (FFDCA) that apply to dietary supplements. Requires the allocation of funds appropriated to the Food and Drug Administration (FDA) for FY2010 for the purpose of enhancing food safety to be expended to effectively and fully implement and enforce DSHEA and other FFDCA provisions that apply to dietary supplements. Authorizes appropriations for FY2010-FY2014 for expanded research and development of consumer information on dietary supplements by the Office of Dietary Supplements at the National Institutes of Health (NIH). Requires the Secretary of Health and Human Services (HHS) to report to Congress annually on the implementation and enforcement of DSHEA and its amendments. Amends the FFDCA to require the Secretary to publish guidance that clarifies when a dietary supplement ingredient is a new dietary ingredient, when the manufacturer or distributor of a dietary ingredient or dietary supplement should provide the Secretary with safety information, the evidence needed to document the safety of new dietary ingredients, and appropriate methods for establishing the identity of a new dietary ingredient. Requires the Secretary to notify the Drug Enforcement Agency (DEA) if information in a new dietary ingredient notification is inadequate to establish that a dietary supplement containing such ingredient will reasonably be expected to be safe because the ingredient may be, or may contain, an anabolic steroid or an analogue of an anabolic steroid.

A bill to ensure that the Dietary Supplement Health and Education Act of 1994 and other requirements for dietary supplements under the jurisdiction of the Food and Drug Administration are fully implemented and enforced, and for other purposes.

TITLE I--BAYLEE'S LAW SEC. 101. SHORT TITLE. This title may be cited as ``Baylee's Law''. SEC. 102. SAFETY AND SECURITY OF CHILDREN IN CHILDCARE FACILITIES. The Public Buildings Act of 1959 (40 U.S.C. 601 et seq.) is amended by adding at the end the following: ``SEC. 22. SAFETY AND SECURITY OF CHILDREN IN CHILDCARE FACILITIES. ``(a) Written Notice to Parents or Guardians.-- ``(1) Initial notification.--Before the enrollment of any child in a childcare facility located in a public building under the control of the Administrator, the Administrator shall provide to the parents or guardians of the child a written notification containing-- ``(A) an identification of the current tenants in the public building; and ``(B) the designation of the level of security of the public building. ``(2) Notification of new tenants.--After providing a written notification to the parents or guardians of a child under paragraph (1), the Administrator shall provide to the parents or guardians a written notification if any new Federal tenant is scheduled to take occupancy in the public building. ``(b) Notification of Serious Threats to Safety or Security.--As soon as practicable after being informed of a serious threat, as determined by the Administrator, that could affect the safety and security of children enrolled in a childcare facility in a public building under the control of the Administrator, the Administrator shall provide notice of the threat to the parents or guardians of each child in the facility. ``(c) Report to Congress.-- ``(1) In general.--Not later than 1 year after the date of the enactment of this section, the Administrator shall transmit to Congress a comprehensive report on childcare facilities in public buildings under the control of the Administrator. ``(2) Contents.--The report to be transmitted under paragraph (1) shall include-- ``(A) an identification and description of each childcare facility located in a public building under the control of the Administrator; and ``(B) an assessment of the level of safety and security of children enrolled in the childcare facility and recommendations on methods for enhancing that safety and security. ``(3) Windows and interior furnishings.--In conducting an assessment of a childcare facility under paragraph (2)(B), the Administrator shall examine the windows and interior furnishings of the facility to determine whether adequate protective measures have been implemented to protect children in the facility against the dangers associated with windows and interior furnishings in the event of a natural disaster or terrorist attack, including the deadly effect of flying glass.''. TITLE II--FEDERAL PROTECTIVE SERVICE REFORM SEC. 201. SHORT TITLE. This title may be cited as the ``Federal Protective Service Reform Act of 2000''. SEC. 202. DESIGNATION OF POLICE OFFICERS. The Act of June 1, 1948 (40 U.S.C. 318-318d), is amended-- (1) in section 1 by striking the section heading and inserting the following: ``SECTION 1. POLICE OFFICERS.''; (2) in sections 1 and 3 by striking ``special policemen'' each place it appears and inserting ``police officers''; (3) in section 1(a) by striking ``uniformed guards'' and inserting ``certain employees''; and (4) in section 1(b) by striking ``Special policemen'' and inserting the following: ``(1) In general.--Police officers''. SEC. 203. POWERS. Section 1(b) of the Act of June 1, 1948 (40 U.S.C. 318(b)), is further amended-- (1) by adding at the end the following: ``(2) Additional powers.--Subject to paragraph (3), a police officer appointed under this section is authorized while on duty-- ``(A) to carry firearms in any State, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; ``(B) to petition Federal courts for arrest and search warrants and to execute such warrants; ``(C) to arrest an individual without a warrant if the individual commits a crime in the officer's presence or if the officer has probable cause to believe that the individual has committed a crime or is committing a crime; and ``(D) to conduct investigations, on and off the property in question, of offenses that have been or may be committed against property under the charge and control of the Administrator or against persons on such property. ``(3) Approval of regulations by attorney general.--The additional powers granted to police officers under paragraph (2) shall become effective only after the Commissioner of the Federal Protective Service issues regulations implementing paragraph (2) and the Attorney General of the United States approves such regulations. ``(4) Authority outside federal property.--The Administrator may enter into agreements with State and local governments to obtain authority for police officers appointed under this section to exercise, concurrently with State and local law enforcement authorities, the powers granted to such officers under this section in areas adjacent to property owned or occupied by the United States and under the charge and control of the Administrator.''; and (2) by moving the left margin of paragraph (1) (as designated by section 202(4) of this Act) so as to appropriately align with paragraphs (2), (3), and (4) (as added by paragraph (1) of this subsection). SEC. 204. PENALTIES. Section 4(a) of the Act of June 1, 1948 (40 U.S.C. 318c(a)), is amended to read as follows: ``(a) In General.--Except as provided in subsection (b), whoever violates any rule or regulation promulgated pursuant to section 2 shall be fined or imprisoned, or both, in an amount not to exceed the maximum amount provided for a Class C misdemeanor under sections 3571 and 3581 of title 18, United States Code.''. SEC. 205. SPECIAL AGENTS. Section 5 of the Act of June 1, 1948 (40 U.S.C. 318d), is amended-- (1) by striking ``nonuniformed special policemen'' each place it appears and inserting ``special agents''; (2) by striking ``special policeman'' and inserting ``special agent''; and (3) by adding at the end the following: ``Any such special agent while on duty shall have the same authority outside Federal property as police officers have under section 1(b)(4).''. SEC. 206. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE. (a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is amended by adding at the end the following: ``SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE. ``(a) In General.--The Administrator of General Services shall establish the Federal Protective Service as a separate operating service of the General Services Administration. ``(b) Appointment of Commissioner.-- ``(1) In general.--The Federal Protective Service shall be headed by a Commissioner who shall be appointed by and report directly to the Administrator. ``(2) Qualifications.--The Commissioner shall be appointed from among individuals who have at least 5 years of professional law enforcement experience in a command or supervisory position. ``(c) Duties of the Commissioner.--The Commissioner shall-- ``(1) assist the Administrator in carrying out the duties of the Administrator under this Act; ``(2) except as otherwise provided by law, serve as the law enforcement officer and security official of the United States with respect to the protection of Federal officers and employees in buildings and areas that are owned or occupied by the United States and under the charge and control of the Administrator (other than buildings and areas that are secured by the United States Secret Service); ``(3) render necessary assistance, as determined by the Administrator, to other Federal, State, and local law enforcement agencies upon request; and ``(4) coordinate the activities of the Commissioner with the activities of the Commissioner of the Public Buildings Service. Nothing in this subsection may be construed to supersede or otherwise affect the duties and responsibilities of the United States Secret Service under sections 1752 and 3056 of title 18, United States Code. ``(d) Appointment of Regional Directors and Assistant Commissioners.-- ``(1) In general.--The Commissioner may appoint regional directors and assistant commissioners of the Federal Protective Service. ``(2) Qualifications.--The Commissioner shall select individuals for appointments under paragraph (1) from among individuals who have at least 5 years of direct law enforcement experience, including at least 2 years in a supervisory position.''. (b) Pay Level of Commissioner.--Section 5316 of title 5, United States Code, is amended by inserting after the paragraph relating to the Commissioner of the Public Buildings Service the following: ``Commissioner, Federal Protective Service, General Services Administration.''. SEC. 207. PAY AND BENEFITS. The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 7. PAY AND BENEFITS. ``(a) Survey.--The Director of the Office of Personnel Management shall conduct a survey of the pay and benefits of all Federal police forces to determine whether there are disparities between the pay and benefit of such forces that are not commensurate with differences in duties or working conditions. ``(b) Report.--Not later than 12 months after the date of the enactment of this section, the Director shall transmit to Congress a report containing the results of the survey conducted under subsection (a), together with the Director's findings and recommendations.''. SEC. 208. NUMBER OF POLICE OFFICERS. (a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 8. NUMBER OF POLICE OFFICERS. ``After the 1-year period beginning on the date of the enactment of this section, there shall be at least 730 full-time equivalent police officers in the Federal Protective Service. This number shall not be reduced unless specifically authorized by law.''. SEC. 209. EMPLOYMENT STANDARDS AND TRAINING. The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 9. EMPLOYMENT STANDARDS AND TRAINING. ``The Commissioner of the Federal Protective Service shall prescribe minimum standards of suitability for employment to be applied in the contracting of security personnel for buildings and areas that are owned or occupied by the United States and under the control and charge of the Administrator of General Services.''. SEC. 210. AUTHORIZATION OF APPROPRIATIONS. The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated from the Federal Buildings Fund established by section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)) such sums as may be necessary to carry out this Act.''. Passed the House of Representatives September 26, 2000. Attest: JEFF TRANDAHL, Clerk.

Requires the Administrator, after being informed of a serious threat that could affect the safety and security of children enrolled in such a childcare facility, to provide notice of the threat to the parents or guardians of each child in the facility. Requires the Administrator to transmit to Congress a comprehensive report on such childcare facilities which includes: (1) an identification and description of each facility; and (2) an assessment of the level of safety and security of children enrolled in the facility and recommendations for enhancing that safety and security. Requires that the Administrator, in conducting such an assessment, examine the windows and interior furnishings of the facility to determine whether adequate protective measures have been implemented to protect children against the dangers associated with windows and interior furnishings in the event of a natural disaster or terrorist attack, including the deadly effect of flying glass. Title II: Federal Protective Service Reform - Federal Protective Service Reform Act of 2000 - Amends the Act of June 1, 1948, to redesignate special policemen of the General Services Administration (GSA) as police officers. (Sec. 203) Empowers such police officers while on duty (effective only after the Commissioner of the Federal Protective Service (FPS, established in section 206 of this Act) issues regulations implementing this section and the Attorney General approves such regulations) to: (1) carry firearms; (2) petition Federal courts for and execute arrest and search warrants; (3) make arrests without a warrant; and (4) conduct investigations, on and off the property, of offenses on such property. Authorizes the Administrator to enter into agreements with State and local governments to obtain authority for police officers appointed under the Act to exercise, concurrently with State and local law enforcement authorities, the powers granted to such officers under this section in areas adjacent to property owned or occupied by the United States and under the charge and control of the Administrator. (Sec. 204) Increases the maximum penalty for violations of any rules or regulations with respect to Federal property. (Sec. 205) Empowers special agents with the same authority outside Federal property as police officers have. (Sec. 206) Directs the Administrator to establish the FPS as a separate operating service of GSA. Provides for the FPS to be headed by a Commissioner who: (1) shall be appointed by and report directly to the Administrator; and (2) has at least five years of professional law enforcement experience in a command or supervisory position. Requires the Commissioner to: (1) assist the Administrator; (2) serve as the U.S. law enforcement officer and security official with respect to the protection of Federal officers and employees in such property (other than buildings and areas that are secured by the United States Secret Service), except as otherwise prohibited by law; (3) render assistance to other Federal, State, and local law enforcement agencies upon request; and (4) coordinate his or her activities with those of the Commissioner of the Public Buildings Service. (Sec. 207) Requires the Director of the Office of Personnel Management to: (1) conduct a survey of the pay and benefits of all Federal police forces to determine whether there are any disparities between the pay and benefit of such forces that are not commensurate with differences in duties or working conditions; and (2) transmit to Congress a report containing the results of such survey, together with the Director's findings and recommendations. (Sec. 208) Requires there to be at least 730 full-time police officers in the FPS one year after the enactment of this Act. Prohibits any reduction in such number of officers unless specifically authorized by law. (Sec. 209) Directs the Commissioner to prescribe minimum standards of suitability for employment to be applied in the contracting of security personnel for Federal property. (Sec. 210) Authorizes appropriations from the Federal Buildings Fund.

Baylee's Law

SECTION 1. SHORT TITLE. This Act may be cited as the ``Johnson Valley National Off-Highway Vehicle Recreation Area Establishment Act''. SEC. 2. DESIGNATION OF JOHNSON VALLEY NATIONAL OFF-HIGHWAY VEHICLE RECREATION AREA. (a) Designation.--The approximately 188,000 acres of public land and interests in land administered by the Secretary of the Interior through the Bureau of Land Management in San Bernardino County, California, as generally depicted as the ``Johnson Valley Off-Highway Vehicle Recreation Area'' on the map titled ``Johnson Valley National Off-Highway Vehicle Recreation Area and Transfer of the Southern Study Area'' and dated April 11, 2013, are hereby designated as the ``Johnson Valley National Off-Highway Vehicle Recreation Area''. (b) Recreational and Conservation Use.--The Johnson Valley National Off-Highway Vehicle Recreation Area is designated for the following purposes: (1) Public recreation (including off-highway vehicle use, camping, and hiking) when the lands are not used for military training as authorized by section 3. (2) Natural resources conservation. (c) Withdrawal.--The public land and interests in land included in the Johnson Valley National Off-Highway Vehicle Recreation Area are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. (d) Treatment of Existing Rights.--The designation of the Johnson Valley National Off-Highway Vehicle Recreation Area and the withdrawal of the public land and interests in land included in the Recreation Area are subject to valid existing rights. SEC. 3. LIMITED BIANNUAL MARINE CORPS AIR GROUND COMBAT CENTER TWENTYNINE PALMS USE OF JOHNSON VALLEY NATIONAL OFF- HIGHWAY VEHICLE RECREATION AREA. (a) Use for Military Purposes Authorized.--Subject to subsection (b), the Secretary of the Interior shall authorize the Secretary of the Navy to utilize portions of Johnson Valley National Off-Highway Vehicle Recreation Area twice in each calendar year for up to a total of 60 days per year for the following purposes: (1) Sustained, combined arms, live-fire, and maneuver field training for large-scale Marine air-ground task forces. (2) Individual and unit live-fire training ranges. (3) Equipment and tactics development. (4) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs. (b) Conditions on Military Use.-- (1) Consultation and public participation requirements.-- Before the Secretary of the Navy requests the two time periods for military use of the Johnson Valley National Off-Highway Vehicle Recreation Area in a calendar year, the Secretary of the Navy shall-- (A) consult with the Secretary of the Interior regarding the best times for military use to reduce interference with or interruption of nonmilitary activities authorized by section 2(b); and (B) provide for public awareness of and participation in the selection process. (2) Public notice.--The Secretary of the Navy shall provide advance, wide-spread notice before any closure of public lands for military use under this section. (3) Public safety.--Military use of the Johnson Valley National Off-Highway Vehicle Recreation Area during the biannual periods authorized by subsection (a) shall be conducted in the presence of sufficient range safety officers to ensure the safety of military personnel and civilians. (4) Certain types of ordnance prohibited.--The Secretary of the Navy shall prohibit the use of dud-producing ordnance in any military training conducted under subsection (a). (c) Implementing Agreement.-- (1) Agreement required; required terms.--The Secretary of the Interior and the Secretary of the Navy shall enter into a written agreement to implement this section. The agreement shall include a provision for periodic review of the agreement for its adequacy, effectiveness, and need for revision. (2) Additional terms.--The agreement may provide for-- (A) the integration of the management plans of the Secretary of the Interior and the Secretary of the Navy; (B) delegation to civilian law enforcement personnel of the Department of the Navy of the authority of the Secretary of the Interior to enforce the laws relating to protection of natural and cultural resources and of fish and wildlife; and (C) the sharing of resources in order to most efficiently and effectively manage the lands. (d) Duration.--Any agreement for the military use of the Johnson Valley National Off-Highway Vehicle Recreation Area shall terminate not later than March 31, 2039. SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION, SOUTHERN STUDY AREA, MARINE CORPS AIR GROUND COMBAT CENTER TWENTYNINE PALMS, CALIFORNIA. (a) Transfer Required.--Not later than September 30, 2014, the Secretary of the Interior shall transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Navy certain public land administered by the Bureau of Land Management consisting of approximately 20,000 acres in San Bernardino County, California, as generally depicted as the ``Southern Study Area'' on the map referred to in section 2. (b) Use of Transferred Land.--Upon the receipt of the land under subsection (a), the Secretary of the Navy shall include the land as part of the Marine Corps Air Ground Combat Center Twentynine Palms, California, and authorize use of the land for military purposes. (c) Legal Description and Map.-- (1) Preparation and publication.--The Secretary of the Interior shall publish in the Federal Register a legal description and map of the public land to be transferred under subsection (a). (2) Force of law.--The legal description and map filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct clerical and typographical errors in the legal description and map. (d) Reimbursement of Costs.--The Secretary of the Navy shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior to carry out this section. SEC. 5. WATER RIGHTS. (a) Water Rights.--Nothing in this Act shall be construed-- (1) to establish a reservation in favor of the United States with respect to any water or water right on lands transferred by this Act; or (2) to authorize the appropriation of water on lands transferred by this Act except in accordance with applicable State law. (b) Effect on Previously Acquired or Reserved Water Rights.--This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of this Act.

Johnson Valley National Off-Highway Vehicle Recreation Area Establishment Act - (Sec. 2) Designates approximately 188,000 acres of specified public lands and interests administered by the Bureau of Land Management (BLM) in San Bernardino County in California as the Johnson Valley Off-Highway Vehicle Recreation Area for purposes of public recreation (when the lands are not in use for military training as authorized by this Act) and natural resources conservation. Withdraws the public lands and interests included in the Area from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. (Sec. 3) Authorizes the Secretary of the Navy (the Secretary) to use parts of the Area twice in each year for up to a total of 60 days a year for: (1) sustained, combined arms, live-fire, and maneuver field training for large-scale Marine air-ground task forces; (2) individual and unit live-fire training ranges; (3) equipment and tactics development; and (4) other defense-related purposes. Requires the Secretary, before requesting the two time periods for military use of the Area, to: (1) consult with the Secretary of the Interior regarding the best times for such use to reduce interference with or interruption of the nonmilitary activities authorized by this Act, and (2) provide for public awareness of and participation in the selection process. Requires the Secretary to provide advance, wide-spread notice before any closure of the public lands for military use. Requires military use of the Area during the biannual periods to be conducted in the presence of sufficient range safety officers to ensure the safety of military personnel and civilians. Prohibits the use of dud-producing ordnance in any such military activity conducted on the Area. Directs the Secretary and the Secretary of the Interior to enter into a written agreement to implement military use of the Area. Requires such agreement to include a provision for the periodic review of such agreement for its adequacy, effectiveness, and need for revision. Permits such agreement to provide for: (1) the integration of the management plans of the Secretaries, (2) delegation to civilian law enforcement personnel of the Department of the Navy of the Secretary of the Interior's authority to enforce laws relating to protection of natural and cultural resources and of fish and wildlife, and (3) the sharing of resources in order to manage the public lands most effectively. Terminates any agreement for the military use of such Area by no later than March 31, 2039. (Sec. 4) Directs the Secretary of the Interior to transfer, without reimbursement, approximately 20,000 acres of specified BLM-administered land in San Bernardino County to the administrative jurisdiction of the Secretary. Includes such transferred land as part of the Marine Corps Air Ground Combat Center Twentynine Palms in California. (Sec. 5) Declares that nothing in this Act shall be construed to: (1) establish a reservation in favor of the United States with respect to any water or water right on withdrawn lands, or (2) authorize the appropriation of water on such lands except in accordance with applicable state law.

Johnson Valley National Off-Highway Vehicle Recreation Area Establishment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage E-Verify Act of 2010''. SEC. 2. VERIFICATION UNDER E-VERIFICATION PROGRAM. (a) Fannie Mae.--Subsection (b) of section 302 of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)) is amended by adding at the end the following new paragraph: ``(7)(A) Notwithstanding any other provision of law, the corporation may not-- ``(i) refinance, restructure, or modify, or otherwise authorize or enter into any agreement for the refinancing, restructuring, or modification of any single-family housing mortgage that is held by or that backs any security issued by the corporation, or ``(ii) purchase, or issue any security that is backed by, any single-family housing mortgage made for the refinancing, restructuring, or modification of the mortgagor's previous single-family housing mortgage on the same property, unless the identity and work eligibility of the mortgagor under such mortgage has been confirmed by an inquiry under subparagraph (B). ``(B) An inquiry under this subparagraph is an inquiry made through the basic pilot program under section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note; commonly referred to as the E-Verify program). Notwithstanding any other provision of law, lenders for single-family housing mortgages and the corporation may submit such inquiries regarding the identities and work eligibility of mortgagors under such mortgages, and may be provided confirmations and nonconfirmations pursuant to such inquiries, under such basic pilot program. ``(C) For purposes of this paragraph, the term `single-family housing mortgage' means a mortgage that is secured by a 1- to 4-family residence.''. (b) Freddie Mac.--Subsection (a) of section 305 of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)) is amended by adding at the end the following new paragraph: ``(6)(A) Notwithstanding any other provision of law, the Corporation may not-- ``(i) refinance, restructure, or modify, or otherwise authorize or enter into any agreement for the refinancing, restructuring, or modification of any single-family housing mortgage that is held by or that backs any security issued by the Corporation, or ``(ii) purchase, or issue any security that is backed by, any single-family housing mortgage made for the refinancing, restructuring, or modification of the mortgagor's previous single-family housing mortgage on the same property, unless the identity and work eligibility of the mortgagor under such mortgage has been confirmed by an inquiry under subparagraph (B) ``(B) An inquiry under this subparagraph is an inquiry made through the basic pilot program under section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note; commonly referred to as the E-Verify program). Notwithstanding any other provision of law, lenders for single-family housing mortgages and the Corporation may submit such inquiries regarding the identities and work eligibility of mortgagors under such mortgages, and may be provided confirmations and nonconfirmations pursuant to such inquiries, under such basic pilot program. ``(C) For purposes of this paragraph, the term `single-family housing mortgage' means a mortgage that is secured by a 1- to 4-family residence.''. (c) FHA.--Title II of the National Housing Act (12 U.S.C. 1707 et seq.) is amended by adding at the end the following new section: ``SEC. 543. E-VERIFICATION REQUIREMENT FOR MODIFICATION OF MORTGAGES. ``(a) Prohibition.--Notwithstanding any other provision of law, the Secretary may not-- ``(1) authorize or enter into any agreement for the refinancing, restructuring, or modification of any single- family housing mortgage that is insured by the Secretary under this Act, or ``(2) insure any single-family housing mortgage made for the refinancing, restructuring, or modification of the mortgagor's previous single-family housing mortgage on the same property, unless the identity and work eligibility of the mortgagor under such mortgage has been confirmed by an inquiry under subsection (b). ``(b) E-Verify Inquiries.--An inquiry under this subsection is an inquiry made through the basic pilot program under section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note; commonly referred to as the E-Verify program). Notwithstanding any other provision of law, lenders for single-family housing mortgages and the Secretary may submit such inquiries regarding the identities and work eligibility of mortgagors under such mortgages, and may be provided confirmations and nonconfirmations pursuant to such inquiries, under such basic pilot program. ``(c) Single-Family Housing Mortgage.--For purposes of this paragraph, the term `single-family housing mortgage' means a mortgage that is secured by a 1- to 4-family residence.''.

Mortgage E-Verify Act of 2010 - Amends the Federal National Mortgage Association Charter Act and the Federal Home Loan Mortgage Corporation Act to require the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation Act (Freddie Mac) to confirm the identity and work eligibility of the mortgagor as a prerequisite to: (1) any refinancing, restructuring, or modification agreement governing a single-family housing mortgage that is held by, or that backs any security issued by, either Fannie Mae or Freddie Mac; or (2) any purchase of, or issuance of any security that is backed by, any single-family housing mortgage made for the refinancing, restructuring, or modification of the mortgagor's previous single-family housing mortgage on the same property. Identifies the required inquiry as one made through the basic pilot E-Verify program under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Amends the National Housing Act to require the Secretary of Housing and Urban Development (HUD) to use the E-Verify program to confirm the identity and work eligibility of the mortgagor as a prerequisite to single-family housing mortgage insurance issued under the Act.

To require, as a condition for modification of a home mortgage loan held by Fannie Mae or Freddie Mac or insured under the National Housing Act, that the mortgagor be verified under the E-Verify program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Conservation Through Trees Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the utility sector is the largest single source of greenhouse gas emissions in the United States today, producing approximately one-third of the country's emissions; (2) heating and cooling homes accounts for nearly 60 percent of residential electricity usage in the United States; (3) shade trees planted in strategic locations can reduce residential cooling costs by as much as 30 percent; (4) shade trees have significant clean-air benefits associated with them; (5) every 100 healthy large trees removes about 300 pounds of air pollution (including particulate matter and ozone) and about 15 tons of carbon dioxide from the air each year; (6) tree cover on private property and on newly developed land has declined since the 1970s, even while emissions from transportation and industry have been rising; and (7) in over a dozen test cities across the United States, increasing urban tree cover has generated between two and five dollars in savings for every dollar invested in such tree planting. SEC. 3. DEFINITIONS. As used in this Act: (1) The term ``Secretary'' refers to the Secretary of Energy. (2) The term ``retail power provider'' means any entity authorized under applicable State or Federal law to generate, distribute, or provide retail electricity, natural gas, or fuel oil service. (3) The term ``tree-planting organization'' means any nonprofit or not-for-profit group which exists, in whole or in part, to-- (A) expand urban and residential tree cover; (B) distribute young trees for planting; (C) increase awareness of the environmental and energy-related benefits of trees; (D) educate the public about proper tree planting, care, and maintenance strategies; or (E) carry out any combination of the foregoing activities. (4) The term ``tree-siting guidelines'' means a comprehensive list of science-based measurements outlining the species and minimum distance required between trees planted pursuant to this Act, in addition to the minimum required distance to be maintained between such trees and-- (A) building foundations; (B) air conditioning units; (C) driveways and walkways; (D) property fences; (E) preexisting utility infrastructure; (F) septic systems; (G) swimming pools; and (H) other infrastructure as deemed appropriate. SEC. 4. PURPOSES. The purpose of this Act is to establish a grant program to assist retail power providers with the establishment and operation of targeted residential tree-planting programs, for the following purposes: (1) Reducing the peak-load demand for electricity in residential areas during the summer months through direct shading of buildings provided by strategically planted trees. (2) Reducing wintertime demand for energy in residential areas by blocking cold winds from reaching homes, which lowers interior temperatures and drives heating demand. (3) Protecting public health by removing harmful pollution from the air. (4) Utilizing the natural photosynthetic and transpiration process of trees to lower ambient temperatures and absorb carbon dioxide, thus mitigating the effects of climate change. (5) Lowering electric bills for residential ratepayers by limiting electricity consumption without reducing benefits. (6) Relieving financial and demand pressure on retail power providers that stems from large peak-load energy demand. (7) Protecting water quality and public health by reducing stormwater runoff and keeping harmful pollutants from entering waterways. (8) Ensuring that trees are planted in locations that limit the amount of public money needed to maintain public and electric infrastructure. SEC. 5. GENERAL AUTHORITY. (a) Assistance.--The Secretary is authorized to provide financial, technical, and related assistance to retail power providers to assist with the establishment of new, or continued operation of existing, targeted residential tree-planting programs. (b) Public Recognition Initiative.--In carrying out the authority provided under this Act, the Secretary shall also create a national public recognition initiative to encourage participation in tree- planting programs by retail power providers. (c) Eligibility.--Only those programs which utilize targeted, strategic tree-siting guidelines to plant trees in relation to residence location, sunlight, and prevailing wind direction shall be eligible for assistance under this Act. (d) Requirements.--In order to qualify for assistance under this Act, a tree-planting program shall meet each of the following requirements: (1) The program shall provide free or discounted shade- providing or wind-reducing trees to residential consumers interested in lowering their home energy costs. (2) The program shall optimize the electricity-consumption reduction benefit of each tree by planting in strategic locations around a given residence. (3) The program shall either-- (A) provide maximum amounts of shade during summer intervals when residences are exposed to the most sun intensity; or (B) provide maximum amounts of wind protection during fall and winter intervals when residences are exposed to the most wind intensity. (4) The program shall use the best available science to create tree siting guidelines which dictate where the optimum tree species are best planted in locations that achieve maximum reductions in consumer energy demand while causing the least disruption to public infrastructure, considering overhead and underground facilities. (5) The program shall receive certification from the Secretary that it is designed to achieve the goals set forth in paragraphs (1) through (4). In designating criteria for such certification, the Secretary shall collaborate with the United States Forest Service's Urban and Community Forestry Program to ensure that certification requirements are consistent with such above goals. (e) New Program Funding Share.--The Secretary shall ensure that no less than 30 percent of the funds made available under this Act are distributed to retail power providers which-- (1) have not previously established or operated qualified tree-planting programs; (2) are operating qualified tree-planting programs which were established no more than three years prior to the date of enactment of this Act. SEC. 6. AGREEMENTS BETWEEN ELECTRICITY PROVIDERS AND TREE-PLANTING ORGANIZATIONS. (a) Grant Authorization.--In providing assistance under this Act, the Secretary is authorized to award grants only to retail power providers that have entered into binding legal agreements with nonprofit tree-planting organizations. (b) Conditions of Agreement.--Those agreements between retail power providers and tree-planting organizations shall set forth conditions under which nonprofit tree-planting organizations shall provide targeted residential tree-planting programs which may require these organizations to-- (1) participate in local technical advisory committees responsible for drafting general tree-siting guidelines and choosing the most effective species of trees to plant in given locations; (2) coordinate volunteer recruitment to assist with the physical act of planting trees in residential locations; (3) undertake public awareness campaigns to educate local residents about the benefits, cost savings, and availability of free shade trees; (4) establish education and information campaigns to encourage recipients to maintain their shade trees over the long term; (5) serve as the point of contact for existing and potential residential participants who have questions or concerns regarding the tree-planting program; (6) require tree recipients to sign agreements committing to voluntary stewardship and care of provided trees; (7) monitor and report on the survival, growth, overall health, and estimated energy savings of provided trees up until the end of their establishment period which shall be no less than five years; and (8) ensure that trees planted near existing power lines will not interfere with energized electricity distribution lines when mature, and that no new trees will be planted under or adjacent to high-voltage electric transmission lines without prior consultation with the applicable retail power provider receiving assistance under this Act. (c) Lack of Nonprofit Organization.--If qualified nonprofit or not- for-profit tree planting organizations do not exist or operate within areas served by retail power providers applying for assistance under this Act, the requirements of this section shall apply to binding legal agreements entered into by such retail power providers and one of the following entities-- (1) local municipal governments with jurisdiction over the urban or suburban forest; (2) the State Forester for the State in which the tree planting program will operate; or (3) the United States Forest Service's Urban and Community Forestry representative for the State in which the tree- planting program will operate. SEC. 7. TECHNICAL ADVISORY COMMITTEES. (a) Description.--In order to qualify for assistance under this Act, the retail power provider shall establish and consult with a local technical advisory committee which shall provide advice and consultation to the program, and may-- (1) design and adopt an approved plant list that emphasizes the use of hardy, noninvasive tree species and, where geographically appropriate, the use of native or low water-use shade trees or both; (2) design and adopt planting, installation, and maintenance specifications and create a process for inspection and quality control; (3) ensure that tree recipients are educated to care for and maintain their trees over the long term; (4) help the public become more engaged and educated in the planting and care of shade trees; (5) prioritize which sites receive trees, giving preference to locations with the most potential for energy conservation and secondary preference to areas where the average annual income is below the regional median; and (6) assist with monitoring and collection of data on tree health, tree survival, and energy conservation benefits generated under this Act. (b) Compensation.--Individuals serving on local technical advisory committees shall not receive compensation for their service. (c) Composition.--Local technical advisory committees shall be composed of representatives from public, private, and nongovernmental agencies with expertise in demand-side energy efficiency management, urban forestry, or arboriculture, and shall be composed of the following: (1) Up to 4 persons, but no less than one person, representing the retail power provider receiving assistance under this Act. (2) Up to 4 persons, but no less than one person, representing the local tree-planting organization which will partner with the retail power provider to carry out this Act. (3) Up to 3 persons representing local nonprofit conservation or environmental organizations. Preference shall be given to those entities which are organized under section 501(c)(3) of the Internal Revenue Code of 1986, and which have demonstrated expertise engaging the public in energy conservation, energy efficiency, or green building practices or a combination thereof, such that no single organization is represented by more than one individual under this subsection. (4) Up to 2 persons representing a local affordable housing agency, affordable housing builder, or community development corporation. (5) Up to 3, but no less than one, persons representing local city or county government for each municipality where a shade tree-planting program will take place; at least one of these representatives shall be the city or county forester, city or county arborist, or functional equivalent. (6) Up to one person representing the local government agency responsible for management of roads, sewers, and infrastructure, including but not limited to public works departments, transportation agencies, or equivalents. (7) Up to 2 persons representing the nursery and landscaping industry. (8) Up to 3 persons representing the research community or academia with expertise in natural resources or energy management issues. (d) Chairperson.--Each local technical advisory committee shall elect a chairperson to preside over Committee meetings, act as a liaison to governmental and other outside entities, and direct the general operation of the committee; only committee representatives from subsection (c)(1) or subsection (c)(2) of this section shall be eligible to act as local technical advisory committee chairpersons. (e) Credentials.--At least one of the members of each local technical advisory committee shall be certified with one or more of the following credentials: International Society of Arboriculture; Certified Arborist, ISA; Certified Arborist Municipal Specialist, ISA; Certified Arborist Utility Specialist, ISA; Board Certified Master Arborist; or Registered Landscape Architect recommended by the American Society of Landscape Architects. SEC. 8. COST-SHARE PROGRAM. (a) Federal Share.--The Federal share of support for projects funded under this Act shall not exceed 50 percent of the cost of such project and shall be provided on a matching basis. (b) Non-Federal Share.--The non-Federal share of such costs may be paid or contributed by any governmental or nongovernmental entity other than from funds derived directly or indirectly from an agency or instrumentality of the United States. SEC. 9. RULEMAKING. (a) Rulemaking Period.--The Secretary shall be authorized to solicit comments and initiate a rulemaking period that shall last no more than 6 months after the date of enactment of this Act. (b) Competitive Grant Rule.--At the conclusion of the rulemaking period under subsection (a), the Secretary shall promulgate a rule governing a public, competitive grants process through which retail power providers may apply for Federal support under this Act. SEC. 10. NONDUPLICITY. Nothing in this Act shall be construed to supersede, duplicate, cancel, or negate the programs or authorities provided under section 9 of the Cooperative Forestry Assistance Act of 1978 (92 Stat. 369; Public Law 95-313; 16 U.S.C. 2105). SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are hereby authorized to be appropriated such sums as may be necessary for the implementation of this Act.

Energy Conservation Through Trees Act - Authorizes the Secretary of Energy (DOE) to provide financial, technical, and related assistance to retail power providers to assist with the establishment of new, or continued operation of existing, targeted residential tree-planting programs. Requires the Secretary to create a national public recognition initiative to encourage participation in tree-planting programs by such providers. Limits assistance provided under this Act to programs that utilize targeted, strategic tree-siting guidelines to plant trees in relation to residence location, sunlight, and prevailing wind direction. Sets forth requirements that must be met for tree-planting programs to qualify for assistance. Authorizes the Secretary to award grants only to providers that have entered into binding legal agreements with nonprofit tree-planting organizations. Requires providers, in order to qualify for assistance, to establish and consult with a local technical advisory committee, which shall provide advice and consultation to the program, and which may: (1) design and adopt an approved plant list that emphasizes the use of hardy, noninvasive tree species, native or low water-use shade trees, or both; (2) design and adopt planting, installation, and maintenance specifications and create a process for inspection and quality control; (3) ensure that tree recipients are educated to care for and maintain their trees over the long term; (4) help the public become more engaged and educated in the planting and care of shade trees; (5) prioritize which sites receive trees, giving preference to locations with the most potential for energy conservation and secondary preference to areas where the average annual income is below the regional median; and (6) assist with monitoring and collection of data on tree health, tree survival, and energy conservation benefits generated under this Act.

To establish a grant program to assist retail power providers with the establishment and operation of energy conservation programs using targeted residential tree-planting, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Israel Enhanced Security Cooperation Act of 2012''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Since 1948, United States Presidents and both houses of Congress, on a bipartisan basis and supported by the American people, have repeatedly reaffirmed the special bond between the United States and Israel, based on shared values and shared interests. (2) The Middle East is undergoing rapid change, bringing with it hope for an expansion of democracy but also great challenges to the national security of the United States and our allies in the region, particularly to our most important ally in the region, Israel. (3) The Government of the Islamic Republic of Iran is continuing its decades-long pattern of seeking to foment instability and promote extremism in the Middle East, particularly in this time of dramatic political transition. (4) At the same time, the Government of the Islamic Republic of Iran continues to enrich uranium in defiance of multiple United Nations Security Council resolutions. (5) A nuclear-weapons capable Iran would fundamentally threaten vital United States interests, encourage regional nuclear proliferation, further empower Iran, the world's leading state sponsor of terror, and pose a serious and destabilizing threat to Israel and the region. (6) Over the past several years, with the assistance of the Governments of the Islamic Republic of Iran and Syria, Hizbollah and Hamas have increased their stockpile of rockets, with more than 60,000 now ready to be fired at Israel. The Government of the Islamic Republic of Iran continues to add to its arsenal of ballistic missiles and cruise missiles, which threaten Iran's neighbors, Israel, and United States Armed Forces in the region. (7) As a result, Israel is facing a fundamentally altered strategic environment. (8) Pursuant to chapter 5 of title 1 of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 576), the authority to make available loan guarantees to Israel is currently set to expire on September 30, 2012. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States: (1) To reaffirm our unwavering commitment to the security of the State of Israel as a Jewish state. As President Barack Obama stated on December 16, 2011, ``America's commitment and my commitment to Israel and Israel's security is unshakeable.'' And as President George W. Bush stated before the Israeli Knesset on May 15, 2008, on the 60th anniversary of the founding of the State of Israel, ``The alliance between our governments is unbreakable, yet the source of our friendship runs deeper than any treaty.''. (2) To help the Government of Israel preserve its qualitative military edge amid rapid and uncertain regional political transformation. (3) To veto any one-sided anti-Israel resolutions at the United Nations Security Council. (4) To support Israel's inherent right to self-defense. (5) To pursue avenues to expand cooperation with the Government of Israel both in defense and across the spectrum of civilian sectors, including high technology, agriculture, medicine, health, pharmaceuticals, and energy. (6) To assist the Government of Israel with its ongoing efforts to forge a peaceful, negotiated settlement of the Israeli- Palestinian conflict that results in two states living side-by-side in peace and security, and to encourage Israel's neighbors to recognize Israel's right to exist as a Jewish state. (7) To encourage further development of advanced technology programs between the United States and Israel given current trends and instability in the region. SEC. 4. UNITED STATES ACTIONS TO ASSIST IN THE DEFENSE OF ISRAEL AND PROTECT UNITED STATES INTERESTS. It is the sense of Congress that the United States Government should take the following actions to assist in the defense of Israel: (1) Seek to enhance the capabilities of the Governments of the United States and Israel to address emerging common threats, increase security cooperation, and expand joint military exercises. (2) Provide the Government of Israel such support as may be necessary to increase development and production of joint missile defense systems, particularly such systems that defend against the urgent threat posed to Israel and United States forces in the region. (3) Provide the Government of Israel assistance specifically for the production and procurement of the Iron Dome defense system for purposes of intercepting short-range missiles, rockets, and projectiles launched against Israel. (4) Provide the Government of Israel defense articles and defense services through such mechanisms as appropriate, to include air refueling tankers, missile defense capabilities, and specialized munitions. (5) Provide the Government of Israel additional excess defense articles, as appropriate, in the wake of the withdrawal of United States forces from Iraq. (6) Examine ways to strengthen existing and ongoing efforts, including the Gaza Counter Arms Smuggling Initiative, aimed at preventing weapons smuggling into Gaza pursuant to the 2009 agreement following the Israeli withdrawal from Gaza, as well as measures to protect against weapons smuggling and terrorist threats from the Sinai Peninsula. (7) Offer the Air Force of Israel additional training and exercise opportunities in the United States to compensate for Israel's limited air space. (8) Work to encourage an expanded role for Israel with the North Atlantic Treaty Organization (NATO), including an enhanced presence at NATO headquarters and exercises. (9) Expand already-close intelligence cooperation, including satellite intelligence, with Israel. SEC. 5. ADDITIONAL STEPS TO DEFEND ISRAEL AND PROTECT AMERICAN INTERESTS. (a) Extension of War Reserves Stockpile Authority.-- (1) Department of defense appropriations act, 2005.--Section 12001(d) of the Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011) is amended by striking ``more than 8 years after'' and inserting ``more than 10 years after''. (2) Foreign assistance act of 1961.--Section 514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking ``fiscal years 2011 and 2012'' and inserting ``fiscal years 2013 and 2014''. (b) Extension of Loan Guarantees to Israel.--Chapter 5 of title I of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 576) is amended under the heading ``Loan Guarantees to Israel''-- (1) in the matter preceding the first proviso, by striking ``September 30, 2011'' and inserting ``September 30, 2015''; and (2) in the second proviso, by striking ``September 30, 2011'' and inserting ``September 30, 2015''. SEC. 6. REPORTS REQUIRED. (a) Report on Israel's Qualitative Military Edge (QME).-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the status of Israel's qualitative military edge in light of current trends and instability in the region. (2) Substitution for quadrennial report.--If submitted within one year of the date that the first quadrennial report required by section 201(c)(2) of the Naval Vessel Transfer Act of 2008 (Public Law 110-429; 22 U.S.C. 2776 note) is due to be submitted, the report required by paragraph (1) may substitute for such quadrennial report. (b) Reports on Other Matters.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on each of the following matters: (1) Taking into account the Government of Israel's urgent requirement for F-35 aircraft, actions to improve the process relating to its purchase of F-35 aircraft, particularly with respect to cost efficiency and timely delivery. (2) Efforts to expand cooperation between the United States and Israel in homeland security, counter-terrorism, maritime security, energy, cyber-security, and other related areas. (3) Actions to integrate Israel into the defense of the Eastern Mediterranean. SEC. 7. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Qualitative military edge.--The term ``qualitative military edge'' has the meaning given the term in section 36(h)(2) of the Arms Export Control Act (22 U.S.C. 2776(h)(2)). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was reported to the Senate on June 27, 2012. The summary of that version is repeated here.) United States-Israel Enhanced Security Cooperation Act of 2012 - (Sec. 3) States that it is U.S. policy to: (1) reaffirm the commitment to Israel's security as a Jewish state, (2) support Israel's right to self-defense and help Israel preserve its qualitative military edge, (3) expand military and civilian cooperation, (4) assist in a negotiated settlement of the Israeli-Palestinian conflict that results in two states living side-by-side in peace and security, and (5) veto any one-sided anti-Israel U.N. Security Council resolutions. (Sec. 4) Expresses the sense of Congress that the United States should take specified actions to assist in Israel's defense, including: (1) enhancing development and production of joint missile defense systems, (2) providing appropriate defense articles and services, (3) strengthening security initiatives and bilateral training exercises, and (4) encouraging an expanded role for Israel with the North Atlantic Treaty Organization (NATO). (Sec. 5) Amends the Department of Defense Appropriations Act, 2005 to extend authority to transfer certain obsolete or surplus Department of Defense (DOD) items to Israel. Amends the Foreign Assistance Act of 1961 to extend authority to make additions to foreign-based defense stockpiles. Amends the Emergency Wartime Supplemental Appropriations Act, 2003 to extend specified loan guarantee authority to Israel. (Sec. 6) Directs the President to submit reports to Congress regarding: (1) the status of Israel's qualitative military edge; (2) actions that could improve the process related to Israel's purchase of F-35 aircraft; (3) cooperation between the United States and Israel in homeland security, counter-terrorism, maritime security, energy, cyber-security, and other related areas; and (4) actions to integrate Israel into the defense of the Eastern Mediterranean.

A bill to enhance strategic cooperation between the United States and Israel, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Waste, Fraud, and Abuse Act of 2010''. SEC. 2. FINDINGS. The Congress finds the following: (1) To protect the taxpayer and the Treasury, it is the responsibility of the Congress to provide Federal agencies with the financial resources necessary to enforce the laws of the United States and to prevent waste, fraud, and abuse of taxpayer's dollars. (2) For every $1 invested in the Department of Health and Human Services and the Department of Justice for program integrity efforts to prevent waste, fraud, and abuse of Medicare, Medicaid, and the Children's Health Insurance Program, approximately $1.55 will be saved, according to a report issued by the Office of Management and Budget. (3) Increased program integrity efforts by the Department of Health and Human Services and the Department of Justice can provide an estimated savings of $4,470,000,000 on an investment of $3,100,000,000 in Medicare, Medicaid, and the Children's Health Insurance Program over the next 5 fiscal years and an estimated savings of $9,870,000,000 on an investment of $6,753,000,000 over the next 10 fiscal years, according to a report issued by the Office of Management and Budget. (4) For every $1 invested in the Social Security Administration for program integrity efforts to increase the volume of continuing disability reviews conducted pursuant to section 221(i) of the Social Security Act (42 U.S.C. 421(i)) to determine whether a recipient of disability insurance benefits under section 223(a) of such Act (42 U.S.C. 423(a)) will continue to be eligible for such benefits, approximately $10 will be saved, according to a report issued by the Office of Management and Budget. (5) For every $1 invested in the Social Security Administration for program integrity efforts to increase the volume of continuing disability reviews conducted pursuant to section 1631(j) of Social Security Act (42 U.S.C. 1383(j)) to determine whether a recipient of supplemental security income benefits under section 1611 of such Act (42 U.S.C. 1382) will continue to be eligible for such benefits, approximately $8 will be saved, according to a report issued by the Office of Management and Budget. (6) Providing additional funding to the Social Security Administration to increase the volume of continuing disability reviews conducted pursuant to sections 221(i) and 1631(j) of Social Security Act (42 U.S.C. 421(i), 1383(j), respectively) can provide an estimated savings of $16,102,000,000 on an investment of $3,953,000,000 over the next 5 fiscal years and an estimated savings of $57,838,000,000 on an investment of $10,252,000,000 over the next 10 fiscal years, according to a report issued by the Office of Management and Budget. (7) The tax gap, the difference between the annual amount of Federal income taxes owed and the amount voluntarily paid on time, places an undue burden upon the overwhelming majority of taxpayers who fully and voluntarily pay their taxes on time. (8) In a report released in 2009 by the Internal Revenue Service, it was estimated that in 2005 (the most recent estimate available) the gross tax gap was $345,000,000,000 and the net tax gap (after the collection of late and enforced payments) was $290,000,000,000. (9) In 2009, for every $1 that was invested for the purposes of enforcing the tax code, the Internal Revenue Service returned an average of $4 to the Treasury, with some enforcement activities returning as much as $11 for every $1 invested, according to a report issued by the Office of Management and Budget. (10) By increasing overall tax enforcement efforts, the Internal Revenue Service can provide an estimated savings of $13,874,000,000 on an investment of $8,869,000,000 over the next 5 fiscal years and an estimated savings of $62,217,000,000 on an investment of $23,275,000,000 over the next 10 fiscal years, according to a report issued by the Office of Management and Budget. (11) For each $1 invested to increase the volume of in- person reemployment and eligibility assessments conducted by States for the Department of Labor's unemployment insurance program, approximately $3.19 will be saved over the next 10 years, according to a report issued by the Office of Management and Budget. (12) States will save the Department of Labor's unemployment insurance program an estimated $937,000,000 on an investment of $325,000,000 by increasing the volume of in- person reemployment and eligibility assessments over the next 5 fiscal years and an estimated savings of $2,296,000,000 on an investment of $720,000,000 over the next 10 fiscal years, according to a report issued by the Office of Management and Budget. (13) The investments described in the preceding paragraphs, if carried out, will save the taxpayers nearly $2,000,000,000 during fiscal year 2011, while laying the foundations for saving more than $35,000,000,000 over the next 5 fiscal years and more than $132,000,000,000 over the next 10 fiscal years. SEC. 3. DEFINITIONS. In this Act: (1) Agency head.--The term ``agency head'' means-- (A) the Attorney General; (B) the Commissioner of Social Security; (C) the Secretary of Health and Human Services; (D) the Secretary of Labor; and (E) the Secretary of the Treasury. (2) Director.--The term ``Director'' means the Director of the Office of Management and Budget. SEC. 4. INCREASING PROGRAM INTEGRITY EFFORTS. (a) Program Integrity Efforts.-- (1) In general.--Each agency head, in consultation with the Director, shall-- (A) identify existing Federal laws and regulations that may impede the ability to decrease waste, fraud, and abuse of funds appropriated to the agency head's agency; and (B) develop appropriate performance metrics to measure such agency's success in decreasing waste, fraud, and abuse. (2) Development of metrics.--In developing performance metrics referred to in paragraph (1)(B), each agency head shall-- (A) ensure that such metrics accurately demonstrate the effectiveness of the programs and activities referred to in subsection (d) in decreasing waste, fraud, and abuse; (B) provide estimates for points of diminishing returns on the funds provided under this Act to increase program integrity efforts; (C) identify optimal baselines for each of the metrics developed under this subsection and appropriate methods to measure variations from such baselines; and (D) set performance targets for each of fiscal years 2012 through 2020. (b) Innovation and Development.--Each agency head shall make appropriate accommodations for innovation and development to address the program integrity efforts for programs and activities referred to in subsection (d). (c) Reports.-- (1) In general.--Each agency head shall submit to Congress-- (A) not later than 6 months after the date of enactment of this Act, an interim report that includes a description of-- (i) what the performance metrics developed under subsection (a) will be measuring; and (ii) how such metrics will measure and provide an accurate analysis of the performance of the applicable programs and activities referred to in subsection (d); and (B) not later than 1 year after the date of enactment of this Act, a final report that sets forth the performance metrics developed under subsection (a). (2) Federal register; web site.--Each agency head shall publish in the Federal Register and make available on the agency Web site the performance metrics set forth in its final report submitted under paragraph (1)(B) not later than 30 days after such report is submitted. (3) Modification of performance metrics.--Not later than 30 days after the date on which any performance metrics developed under subsection (a) are modified by an agency head, such agency head shall submit to Congress a written notice describing such modifications. (4) OMB annual report.--Using the performance metrics developed under subsection (a), each year, beginning with the first fiscal year following the date on which the final reports are required to be submitted under paragraph (1)(B), on or after the first Monday in January but not later than the first Monday in February, the Director shall submit to Congress an annual report measuring the success of the agency head's agency in decreasing waste, fraud, and abuse of funds appropriated to such agency. Each annual report shall include a summary of and justifications for any modified performance metrics submitted to Congress pursuant to paragraph (3). (5) Referral of reports.--Each report submitted pursuant to this subsection shall be referred to the Committee on Appropriations and the Committee on the Budget of the House of Representatives and the Committee on Appropriations and the Committee on the Budget of the Senate, and any other appropriate committee of jurisdiction. (d) Authorization of Appropriations.-- (1) Department of health and human services; department of justice.--For the purposes of continuing and increasing program integrity efforts of the Department of Health and Human Services and the Department of Justice to prevent waste, fraud, and abuse of Medicare, Medicaid, and the Children's Health Insurance Program, there are authorized to be appropriated the following sums: (A) $561,000,000 for fiscal year 2011, to remain available through September 30, 2012. (B) $589,000,000 for fiscal year 2012, to remain available through September 30, 2013. (C) $619,000,000 for fiscal year 2013, to remain available through September 30, 2014. (D) $649,000,000 for fiscal year 2014, to remain available through September 30, 2015. (E) $682,000,000 for fiscal year 2015, to remain available through September 30, 2016. (F) $3,653,000,000 for the period encompassing fiscal years 2016 through 2020. (2) Social security administration.--For the purposes of continuing and increasing program integrity efforts of the Social Security Administration by increasing the volume of continuing disability reviews conducted pursuant to sections 221(i) and 1631(j) of the Social Security Act (42 U.S.C. 421(i), 1383(j), respectively), there are authorized to be appropriated to the Commissioner of Social Security the following sums: (A) $513,000,000 for fiscal year 2011, to remain available through September 30, 2012. (B) $642,000,000 for fiscal year 2012, to remain available through September 30, 2013. (C) $751,000,000 for fiscal year 2013, to remain available through September 30, 2014. (D) $924,000,000 for fiscal year 2014, to remain available through September 30, 2015. (E) $1,123,000,000 for fiscal year 2015, to remain available through September 30, 2016. (F) $6,299,000,000 for the period encompassing fiscal years 2016 through 2020. (3) Department of the treasury.--For purposes of continuing and increasing program integrity efforts of the Department of the Treasury by expanding tax enforcement activities, there are authorized to be appropriated to the Secretary of the Treasury the following sums: (A) $1,115,000,000 for fiscal year 2011, to remain available through September 30, 2012. (B) $1,357,000,000 for fiscal year 2012, to remain available through September 30, 2013. (C) $1,724,000,000 for fiscal year 2013, to remain available through September 30, 2014. (D) $2,105,000,000 for fiscal year 2014, to remain available through September 30, 2015. (E) $2,568,000,000 for fiscal year 2015, to remain available through September 30, 2016. (F) $14,406,000,000 for the period encompassing fiscal years 2016 through 2020. (4) Department of labor.--For purposes of continuing and increasing program integrity efforts of the Department of Labor by increasing the volume of in-person reemployment and eligibility assessments of unemployment insurance beneficiaries conducted by States, there are authorized to be appropriated to the Secretary of Labor the following sums: (A) $55,000,000 for fiscal year 2011, to remain available through September 30, 2012. (B) $60,000,000 for fiscal year 2012, to remain available through September 30, 2013. (C) $65,000,000 for fiscal year 2013, to remain available through September 30, 2014. (D) $70,000,000 for fiscal year 2014, to remain available through September 30, 2015. (E) $75,000,000 for fiscal year 2015, to remain available through September 30, 2016. (F) $395,000,000 for the period encompassing fiscal years 2016 through 2020.

Preventing Waste, Fraud, and Abuse Act of 2010 - Requires the Attorney General, the Commissioner of Social Security, and the Secretaries of Health and Human Services (HHS), Labor, and the Treasury (agency head), in consultation with the Director of the Office of Management and Budget (OMB), to: (1) identify existing federal laws and regulations that may impede the ability to decrease waste, fraud, and abuse of funds appropriated to their agencies; and (2) develop appropriate performance metrics to measure success in decreasing waste, fraud, and abuse. Directs each agency head, in developing performance metrics, to: (1) ensure that such metrics accurately demonstrate the effectiveness of specified programs and activities in decreasing waste, fraud, and abuse; (2) provide estimates for points of diminishing returns on the funds provided under this Act to increase program integrity efforts; (3) identify optimal baselines for each of the metrics developed and appropriate methods to measure variations from such baselines; and (4) set performance targets for each of FY2012-FY2020. Requires each agency head to make appropriate accommodations for innovation and development to address the program integrity efforts for programs and activities identified by this Act. Requires: (1) each agency head to submit an interim and final report to Congress at specified intervals and to publish in the Federal Register and make available on the agency website the performance metrics set forth in the final report; and (2) the Director of OMB to report annually measuring success in decreasing waste, fraud, and abuse of funds appropriated to an agency.

To make funds available to increase program integrity efforts and reduce wasteful government spending of taxpayer's dollars.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tackling Excessive Standardized Testing Act of 2015'' or the ``TEST Act of 2015''. SEC. 2. ESEA AMENDMENTS. (a) Academic Assessments.--Section 1111(b)(3)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)) is amended-- (1) in clause (v)(I), by striking ``clause vii'' and inserting ``clause (vii) and as otherwise provided under clause (xvi)''; (2) in clause (vii), by inserting ``except as otherwise provided under clause (xvi),'' before ``beginning''; (3) by striking ``and'' at the end of clause (xiv); (4) by striking the period at the end of clause (xv); and (5) by adding at the end the following new clause: ``(xvi) beginning with the first full school year after the date of enactment of the TEST Act of 2015, in lieu of the requirements of clause (vii)-- ``(I) authorize any public elementary school or public secondary school to administer the academic assessments in mathematics required under clause (vii) in each of grades 4, 6, and 8; ``(II) authorize any public elementary school or public secondary school to administer the academic assessments in reading or language arts required under clause (vii) in each of grades 3, 5, and 7; ``(III) authorize a public elementary schools or public secondary school at the 15th percentile or above for mathematics in the State (based on the achievement of students for the preceding school year in each of grades 4, 6, and 8 on the academics assessments in mathematics required under clause (vii)), to, for the school year following the administration of such assessments, administer the academic assessments in mathematics required under clause (vii) in each of grades 4 and 8; ``(IV) authorize a public elementary school or public secondary school at the 15th percentile or above for reading or language arts in the State (based on the achievement of students for the preceding school year in each of grades 3, 5, and 7 on the academics assessments in reading or language arts required under clause (vii)), to, for the school year following the administration of such assessments, administer the academic assessments in reading or language arts required under clause (vii) in each of grades 3 and 7; ``(V) authorize a public elementary school or public secondary school whose students do not meet the academic achievement requirements of subclause (III) of this clause, but which has demonstrated such level of progress with respect to the achievement of students on academic assessments in mathematics required under clause (vii), as determined appropriate by the Secretary to be authorized to administer assessments in mathematics in accordance with subclause (III) of this clause, to administer such assessments in mathematics in accordance with such subclause (III); and ``(VI) authorize a public elementary school or public secondary school whose students do not meet the academic achievement requirements of subclause (IV) of this clause, but which has demonstrated such level of progress with respect to the achievement of students on academic assessments in reading or language arts required under clause (vii), as determined appropriate by the Secretary to be authorized to administer assessments in reading or language arts in accordance with subclause (IV) of this clause, to administer such assessments in reading or language arts in accordance with such subclause (IV).''. (b) Limited English Proficient Students.--Section 1111(b)(2)(C)(v) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)) is amended in the matter following item (dd), by inserting before the semicolon the following: ``and that the achievement of a student with limited English proficiency shall not be considered for purposes of such definition for the first 12 months that the student is enrolled in a public elementary school or public secondary school''. (c) Application to Waivers.--Section 9401 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7861) is amended-- (1) in subsection (c)-- (A) by striking ``or'' at the end of paragraph (9)(C); (B) by striking the period at the end of paragraph (10) and inserting ``; or''; and (C) by adding at the end the following: ``(11) the requirement under section 1111(b)(2)(C)(v) that a student with limited English proficiency be excluded from the definition of adequate yearly progress for the first 12 months that the student is enrolled in a public elementary school or public secondary school.''; and (2) by adding at the end the following new subsection: ``(h) Options for Certain Academic Assessments.--A waiver awarded under this section shall not prohibit a State educational agency from administering academic assessments in accordance with clause (xvi) of section 1111(b)(3)(C) in lieu of the requirements of clause (vii) of section 1111(b)(3)(C).''.

Tackling Excessive Standardized Testing Act of 2015 or the TEST Act of 2015 This bill amends the Elementary and Secondary Education Act of 1965 to lower the frequency with which students must take the tests used to determine whether they are making adequate yearly progress (AYP) toward state academic achievement standards in mathematics and reading or language arts. Under current law, students must take such tests in both subjects in each of grades 3 through 8. The bill maintains testing in grades 3 through 8 but authorizes a public school to limit testing: (1) in mathematics, to even-numbered grades or, if the school is at the 15th percentile or above for mathematics in the state or its students are making appropriate progress toward state mathematics achievement standards, to grades 4 and 8 only; and (2) in reading or language arts, to odd-numbered grades or, if the school is at the 15th percentile or above for reading or language arts or its students are making appropriate progress toward state reading or language arts achievement standards, to grades 3 and 7 only. Limited English proficient students who are in their first 12 months of enrollment in a public school are excluded from the determination as to whether students are making AYP toward state academic achievement standards.

TEST Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Super-Efficient Appliance Incentives and Market Transformation Act of 2007''. SEC. 2. MODIFICATIONS OF ENERGY EFFICIENT APPLIANCE CREDIT FOR APPLIANCES PRODUCED AFTER 2007. (a) In General.--Subsection (b) of section 45M of the Internal Revenue Code of 1986 (relating to applicable amount) is amended to read as follows: ``(b) Applicable Amount.--For purposes of subsection (a)-- ``(1) Dishwashers.--The applicable amount is-- ``(A) $45 in the case of a dishwasher which is manufactured in calendar year 2008 or 2009 and which uses no more than 324 kilowatt hours per year and 5.8 gallons per cycle, and ``(B) $75 in the case of a dishwasher which is manufactured in calendar year 2008, 2009, or 2010 and which uses no more than 307 kilowatt hours per year and 5.0 gallons per cycle (5.5 gallons per cycle for dishwashers designed for greater than 12 place settings). ``(2) Clothes washers.--The applicable amount is-- ``(A) $75 in the case of a residential top-loading clothes washer manufactured in calendar year 2008 which meets or exceeds a 1.72 modified energy factor and does not exceed a 8.0 water consumption factor, ``(B) $125 in the case of a residential top-loading clothes washer manufactured in calendar year 2008 or 2009 which meets or exceeds a 1.8 modified energy factor and does not exceed a 7.5 water consumption factor, ``(C) $150 in the case of a residential or commercial clothes washer manufactured in calendar year 2008, 2009 or 2010 which meets or exceeds 2.0 modified energy factor and does not exceed a 6.0 water consumption factor, and ``(D) $250 in the case of a residential or commercial clothes washer manufactured in calendar year 2008, 2009, or 2010 which meets or exceeds 2.2 modified energy factor and does not exceed a 4.5 water consumption factor. ``(3) Refrigerators.--The applicable amount is-- ``(A) $50 in the case of a refrigerator which is manufactured in calendar year 2008, and consumes at least 20 percent but not more than 22.9 percent less kilowatt hours per year than the 2001 energy conservation standards, ``(B) $75 in the case of a refrigerator which is manufactured in calendar year 2008 or 2009, and consumes at least 23 percent but no more than 24.9 percent less kilowatt hours per year than the 2001 energy conservation standards, ``(C) $100 in the case of a refrigerator which is manufactured in calendar year 2008, 2009 or 2010, and consumes at least 25 percent but not more than 29.9 percent less kilowatt hours per year than the 2001 energy conservation standards, and ``(D) $200 in the case of a refrigerator manufactured in calendar year 2008, 2009 or 2010 and which consumes at least 30 percent less energy than the 2001 energy conservation standards. ``(4) Dehumidifiers.--The applicable amount is-- ``(A) $15 in the case of a dehumidifier manufactured in calendar year 2008 that has a capacity less than or equal to 45 pints per day and is 7.5 percent more efficient than the applicable Department of Energy energy conservation standard effective October 2012, and ``(B) $25 in the case of a dehumidifier manufactured in calendar year 2008 that has a capacity greater than 45 pints per day and is 7.5 percent more efficient than the applicable Department of Energy energy conservation standard effective October 2012.''. (b) Eligible Production.-- (1) Similar treatment for all appliances.--Subsection (c) of section 45M of such Code (relating to eligible production) is amended-- (A) by striking paragraph (2), (B) by striking ``(1) In general'' and all that follows through ``the eligible'' and inserting ``The eligible'', and (C) by moving the text of such subsection in line with the subsection heading and redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively. (2) Modification of base period.--Paragraph (2) of section 45M(c) of such Code, as amended by paragraph (1) of this section, is amended by striking ``3-calendar year'' and inserting ``2-calendar year''. (c) Types of Energy Efficient Appliances.--Subsection (d) of section 45M of such Code (defining types of energy efficient appliances) is amended to read as follows: ``(d) Types of Energy Efficient Appliance.--For purposes of this section, the types of energy efficient appliances are-- ``(1) dishwashers described in subsection (b)(1), ``(2) clothes washers described in subsection (b)(2), ``(3) refrigerators described in subsection (b)(3), and ``(4) dehumidifiers described in subsection (b)(4).''. (d) Aggregate Credit Amount Allowed.-- (1) Increase in limit.--Paragraph (1) of section 45M(e) of such Code (relating to aggregate credit amount allowed) is amended to read as follows: ``(1) Aggregate credit amount allowed.--The aggregate amount of credit allowed under subsection (a) with respect to a taxpayer for any taxable year shall not exceed $100,000,000 reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) for all prior taxable years beginning after December 31, 2007.''. (2) Exception for certain refrigerator and clothes washers.--Paragraph (2) of section 45M(e) of such Code is amended to read as follows: ``(2) Amount allowed for certain refrigerators and clothes washers.--Refrigerators described in subsection (b)(3)(D) and clothes washers described in subsection (b)(2)(D) shall not be taken into account under paragraph (1).''. (e) Qualified Energy Efficient Appliances.-- (1) In general.--Paragraph (1) of section 45M(f) of such Code (defining qualified energy efficient appliance) is amended to read as follows: ``(1) Qualified energy efficient appliance.--The term `qualified energy efficient appliance' means-- ``(A) any dishwasher described in subsection (b)(1), ``(B) any clothes washer described in subsection (b)(2), ``(C) any refrigerator described in subsection (b)(3), and ``(D) any dehumidifier described in subsection (b)(4).''. (2) Clothes washer.--Section 45M(f)(3) of such Code (defining clothes washer) is amended by inserting ``commercial'' before ``residential'' the second place it appears. (3) Top-loading clothes washer.--Subsection (f) of section 45M of such Code (relating to definitions) is amended by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively, and by inserting after paragraph (3) the following new paragraph: ``(4) Top-loading clothes washer.--The term ``top-loading clothes washer'' means a clothes washer which has the clothes container compartment access located on the top of the machine and which operates on a vertical axis.''. (4) Dehumidifier.--Subsection (f) of section 45M of such Code, as amended by paragraph (3), is amended by redesignating paragraphs (6), (7), and (8) as paragraphs (7), (8) and (9), respectively, and by inserting after paragraph (5) the following new paragraph: ``(6) Dehumidifier.--The term `dehumidifier' means a self- contained, electrically operated, and mechanically refrigerated encased assembly consisting of-- ``(A) a refrigerated surface that condenses moisture from the atmosphere, ``(B) a refrigerating system, including an electric motor, ``(C) an air-circulating fan, and ``(D) means for collecting or disposing of condensate.''. (5) Replacement of energy factor.--Section 45M(f)(7) of such Code, as amended by paragraph (4), is amended to read as follows: ``(7) Modified energy factor.--The term `modified energy factor' means the modified energy factor established by the Department of Energy for compliance with the Federal energy conservation standard.''. (6) Gallons per cycle; water consumption factor.--Section 45M(f) of such Code (relating to definitions) is amended by adding at the end the following: ``(10) Gallons per cycle.--The term `gallons per cycle' means, with respect to a dishwasher, the amount of water, expressed in gallons, required to complete a normal cycle of a dishwasher. ``(11) Water consumption factor.--The term `water consumption factor' means, with respect to a clothes washer, the quotient of the total weighted per-cycle water consumption divided by the cubic foot (or liter) capacity of the clothes washer.''. (f) Effective Date.--The amendments made by this section shall apply to appliances produced after December 31, 2007.

Super-Efficient Appliance Incentives and Market Transformation Act of 2007 - Amends the Internal Revenue Code to modify the applicable amount of the tax credit for energy efficient appliances (i.e., dishwashers, clothes washers, refrigerators, and dehumidifiers which restrict water and energy consumption) produced after 2007.

To amend the Internal Revenue Code of 1986 to modify the energy efficient appliance credit for appliances produced after 2007.

SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Cut Energy Bills at Home Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. PERFORMANCE BASED HOME ENERGY IMPROVEMENTS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 is amended by adding at the end the following new section: ``SEC. 25E. PERFORMANCE BASED ENERGY IMPROVEMENTS. ``(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 for a qualified whole home energy efficiency retrofit an amount determined under subsection (b). ``(b) Amount Determined.-- ``(1) In general.--Subject to paragraph (4), the amount determined under this subsection is equal to-- ``(A) the base amount under paragraph (2), increased by ``(B) the amount determined under paragraph (3). ``(2) Base amount.--For purposes of paragraph (1)(A), the base amount is $2,000, but only if the energy use for the residence is reduced by at least 20 percent below the baseline energy use for such residence as calculated according to paragraph (5). ``(3) Increase amount.--For purposes of paragraph (1)(B), the amount determined under this paragraph is $500 for each additional 5 percentage point reduction in energy use. ``(4) Limitation.--In no event shall the amount determined under this subsection exceed the lesser of-- ``(A) $5,000 with respect to any residence, or ``(B) 30 percent of the qualified home energy efficiency expenditures paid or incurred by the taxpayer under subsection (c) with respect to such residence. ``(5) Determination of energy use reduction.--For purposes of this subsection-- ``(A) In general.--The reduction in energy use for any residence shall be determined by modeling the annual predicted percentage reduction in total energy costs for heating, cooling, hot water, and permanent lighting. It shall be modeled using computer modeling software approved under subsection (d)(2) and a baseline energy use calculated according to subsection (d)(1)(C). ``(B) Energy costs.--For purposes of subparagraph (A), the energy cost per unit of fuel for each fuel type shall be determined by dividing the total actual energy bill for the residence for that fuel type for the most recent available 12-month period by the total energy units of that fuel type used over the same period. ``(c) Qualified Home Energy Efficiency Expenditures.--For purposes of this section, the term `qualified home energy efficiency expenditures'-- ``(1) means any amount paid or incurred by the taxpayer during the taxable year for a qualified whole home energy efficiency retrofit, including the cost of diagnostic procedures, labor, and modeling, ``(2) includes only measures that have an average estimated life of 5 years or more as determined by the Secretary, after consultation with the Secretary of Energy, ``(3) does not include any amount which is paid or incurred in connection with any expansion of the building envelope of the residence, and ``(4) does not include improvements to swimming pools or hot tubs or any other expenditure specifically excluded by the Secretary, after consultation with the Secretary of Energy. ``(d) Qualified Whole Home Energy Efficiency Retrofit.--For purposes of this section-- ``(1) In general.--The term `qualified whole home energy efficiency retrofit' means the implementation of measures placed in service during the taxable year intended to reduce the energy use of the principal residence of the taxpayer which is located in the United States. A qualified whole home energy efficiency retrofit shall-- ``(A) be designed, implemented, and installed by a contractor which is-- ``(i) accredited by the Building Performance Institute (hereafter in this section referred to as `BPI') or a preexisting BPI accreditation-based State certification program with enhancements to achieve State energy policy, ``(ii) a Residential Energy Services Network (hereafter in this section referred to as `RESNET') accredited Energy Smart Home Performance Team, or ``(iii) accredited by an equivalent certification program approved by the Secretary, after consultation with the Secretary of Energy, for this purpose, ``(B) install a set of measures modeled to achieve a reduction in energy use of at least 20 percent below the baseline energy use established in subparagraph (C), using computer modeling software approved under paragraph (2), ``(C) establish the baseline energy use by calibrating the model using sections 3 and 4 and Annex D of BPI Standard BPI-2400-S-2011: Standardized Qualification of Whole House Energy Savings Estimates, or an equivalent standard approved by the Secretary, after consultation with Secretary of Energy, for this purpose, ``(D) document the measures implemented in the residence through photographs taken before and after the retrofit, including photographs of its visible energy systems and envelope as relevant, and ``(E) implement a test-out procedure, following guidelines of the applicable certification program specified under clause (i) or (ii) of subparagraph (A), or equivalent guidelines approved by the Secretary, after consultation with the Secretary of Energy, for this purpose, to ensure-- ``(i) the safe operation of all systems post retrofit, and ``(ii) that all improvements are included in, and have been installed according to, standards of the applicable certification program specified under clause (i) or (ii) of subparagraph (A), or equivalent standards approved by the Secretary, after consultation with the Secretary of Energy, for this purpose. For purposes of subparagraph (A)(iii), an organization or State may submit an equivalent certification program for approval by the Secretary, in consultation with the Secretary of Energy. The Secretary shall approve or deny such submission not later than 180 days after receipt, and, if the Secretary fails to respond in that time period, the submitted equivalent certification program shall be considered approved. ``(2) Approved modeling software.--For purposes of paragraph (1)(B), the contractor shall use modeling software certified by RESNET as following the software verification test suites in section 4.2.1 of RESNET Publication No. 06-001 or certified by an alternative organization as following an equivalent standard, as approved by the Secretary, after consultation with the Secretary of Energy, for this purpose. ``(3) Documentation.--The Secretary, after consultation with the Secretary of Energy, shall prescribe regulations directing what specific documentation is required to be retained or submitted by the taxpayer in order to claim the credit under this section, which shall include, in addition to the photographs under paragraph (1)(D), a form approved by the Secretary that is completed and signed by the qualified whole home energy efficiency retrofit contractor under penalties of perjury. Such form shall include-- ``(A) a statement that the contractor followed the specified procedures for establishing baseline energy use and estimating reduction in energy use, ``(B) the name of the software used for calculating the baseline energy use and reduction in energy use, the percentage reduction in projected energy savings achieved, and a statement that such software was certified for this program by the Secretary, after consultation with the Secretary of Energy, ``(C) a statement that the contractor will retain the details of the calculations and underlying energy bills for 5 years and will make such details available for inspection by the Secretary or the Secretary of Energy, if so requested, ``(D) a list of measures installed and a statement that all measures included in the reduction in energy use estimate are included in, and installed according to, standards of the applicable certification program specified under clause (i) or (ii) of subparagraph (A), or equivalent standards approved by the Secretary, after consultation with the Secretary of Energy, ``(E) a statement that the contractor meets the requirements of paragraph (1)(A), and ``(F) documentation of the total cost of the project in order to comply with the limitation under subsection (b)(4)(B). ``(e) Additional Rules.--For purposes of this section-- ``(1) No double benefit.-- ``(A) In general.--With respect to any residence, no credit shall be allowed under this section for any taxable year in which the taxpayer claims a credit under section 25C. ``(B) Renewable energy systems and appliances.--In the case of a renewable energy system or appliance that qualifies for another credit under this chapter, the resulting reduction in energy use shall not be taken into account in determining the percentage energy use reductions under subsection (b). ``(C) No double benefit for certain expenditures.-- The term `qualified home energy efficiency expenditures' shall not include any expenditure for which a deduction or credit is claimed by the taxpayer under this chapter for the taxable year or with respect to which the taxpayer receives any Federal energy efficiency rebate. ``(2) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(3) Special rules.--Rules similar to the rules under paragraphs (4), (5), (6), (7), and (8) of section 25D(e) and section 25C(e)(2) shall apply, as determined by the Secretary, after consultation with the Secretary of Energy. ``(4) Basis adjustments.--For purposes of this subtitle, if a credit is allowed under this section with respect to any expenditure with respect to any property, the increase in the basis of such property which would (but for this paragraph) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(5) Election not to claim credit.--No credit shall be determined under subsection (a) for the taxable year if the taxpayer elects not to have subsection (a) apply to such taxable year. ``(6) Multiple year retrofits.--If the taxpayer has claimed a credit under this section in a previous taxable year, the baseline energy use for the calculation of reduced energy use must be established after the previous retrofit has been placed in service. ``(f) Termination.--This section shall not apply with respect to any costs paid or incurred after December 31, 2016. ``(g) Secretary Review.--The Secretary, after consultation with the Secretary of Energy, shall establish a review process for the retrofits performed, including an estimate of the usage of the credit and a statistically valid analysis of the average actual energy use reductions, utilizing utility bill data collected on a voluntary basis, and report to Congress not later than June 30, 2014, any findings and recommendations for-- ``(1) improvements to the effectiveness of the credit under this section, and ``(2) expansion of the credit under this section to rental units.''. (b) Conforming Amendments.-- (1) Section 1016(a) is amended-- (A) by striking ``and'' at the end of paragraph (36), (B) by striking the period at the end of paragraph (37) and inserting ``, and'', and (C) by adding at the end the following new paragraph: ``(38) to the extent provided in section 25E(e)(4), in the case of amounts with respect to which a credit has been allowed under section 25E.''. (2) Section 6501(m) is amended by inserting ``25E(e)(5),'' after ``section''. (3) The table of sections for subpart A of part IV of subchapter A chapter 1 is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Performance based energy improvements.''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred for a qualified whole home energy efficiency retrofit placed in service after December 31, 2011.

Cut Energy Bills at Home Act - Amends the Internal Revenue Code to allow individual taxpayers a tax credit for the cost of a qualified whole home energy efficiency retrofit for the purpose of reducing the energy use of the taxpayer's principal residence.  Limits the amount of such credit to the lesser of $5,000 or 30% of the qualified home energy efficiency expenditures paid by the taxpayer to reduce residential energy use. Sets forth requirements for a qualified whole home energy efficiency retrofit, including design, testing, and documentation requirements. Terminates such credit after 2016. Directs the Secretary of the Treasury to establish a review process for home energy efficiency retrofits, including an estimate of usage of the tax credit and an analysis of the average actual energy use reductions.

A bill to amend the Internal Revenue Code of 1986 to provide a credit for performance based home energy improvements, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Mandate Relief Act of 1993''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) Federal regulation of State and local governments has become increasingly extensive and intrusive in recent years; (2) such regulation has, in many instances-- (A) adversely affected the ability of State and local governments to achieve their independent responsibilities and meet their established priorities; and (B) forced State and local governments to use existing revenue sources and to generate new property tax revenues to enable them to adhere to Federal mandates; and (3) the resulting excessive fiscal burdens on State and local governments also undermine the governments' ability to attain the goals of Federal regulations. (b) Purpose.--It is the purpose of this title to establish procedures to ensure that the Federal Government pays the total amount of additional costs incurred by State and local governments in complying with intergovernmental regulations that take effect on or after the date of enactment of this Act. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``additional costs'' means the amount of costs incurred by a State or local government solely in complying with an intergovernmental regulation promulgated pursuant to a significant Federal statute concerning a particular activity that is in excess of the amount that the State or local government would incur in carrying out that activity in the absence of the regulation, but does not include any amount that a State or local government is required or permitted by law to contribute as a non-Federal share under a Federal assistance program; (2) the term ``Director'' means the Director of the Office of Management and Budget; (3) the term ``Federal agency'' means a department, agency, or instrumentality in the executive branch of the United States Government, but does not include a mixed-ownership Government corporation; (4) the term ``Federal assistance'' means assistance provided by a Federal agency to a State or local government or other public or private recipient in the form of a grant, loan, loan guarantee, property, cooperative agreement, or technical assistance, but does not include direct cash assistance to a natural person, a contract for the procurement of goods or services for the United States, or insurance; (5) the term ``intergovernmental regulation'' means a statute, or a regulation promulgated by a Federal agency pursuant to a significant statute, that-- (A) requires a State or local government to-- (i) take certain actions; or (ii) comply with certain conditions; and (B) takes effect on or after the date of enactment of this Act; (6) the term ``local government'' means-- (A) a county, city, town, village, or other general purpose political subdivision of a State; (B) a school district; and (C) a unit of local government established under State law for a particular public purpose; (7) the term ``State'' means each of the States, the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands. SEC. 4. COMPENSATION OF STATE AND LOCAL GOVERNMENTS FOR ADDITIONAL COSTS. (a) In General.--An intergovernmental regulation may not be enforced against a State or local government with respect to a fiscal year-- (1) unless there has been made an appropriation of Federal funds, and such funds have been made available, to all State and local governments for the fiscal year in an amount that is sufficient to reimburse all State or local governments for the total amount of additional costs that will be incurred by those governments in complying with the regulation during the fiscal year; or (2) Congress approves by a two-thirds vote of the members of each House of Congress, duly chosen and sworn, a joint resolution that waives subsection (a) with respect to that intergovernmental regulation and that fiscal year. (b) Determination of Additional Costs.--For the purposes of subsection (a), the total amount of additional costs that will be incurred by State governments and local governments in complying with an intergovernmental regulation during a fiscal year shall be the total amount of such costs for compliance with the regulation estimated by the Director for the fiscal year in the report required under section 5 for the fiscal year. SEC. 5. REPORT BY THE DIRECTOR. For each fiscal year in which an intergovernmental regulation will be in effect, the Director, in consultation with representatives of State and local governments, shall prepare and submit to the President and the Congress, with the President's budget in January preceding the beginning of a fiscal year, a report that contains an estimate, for that fiscal year and the following fiscal year, of the total amount of additional costs that have been incurred or will be incurred by each State government and by each local government within each State in complying with the intergovernmental regulation. SEC. 6. PAYMENT OF REIMBURSEMENTS. (a) In General.--The head of a Federal agency that administers an intergovernmental regulation shall pay to each State and local government in each fiscal year the amount determined pursuant to this section to reimburse the State and local governments in the State for the additional costs incurred by those governments in complying with the intergovernmental regulation during the fiscal year. (b) Amount Paid by a Federal Agency to a State or Local Government.--The amount to be paid to a State or local government under subsection (a) for a fiscal year shall be the amount of additional costs specified for that State or local government in the report submitted pursuant to section 5. (c) Inapplicability of Section.--This section does not apply with respect to an intergovernmental regulation that will be in effect during a fiscal year if, with respect to that intergovernmental regulation and that fiscal year, a joint resolution described in section 4(a)(2) is in effect. SEC. 7. EFFECT OF SUBSEQUENT ENACTMENTS. No statute enacted after the date of enactment of this Act shall supersede this Act unless the statute does so in specific terms, referring to this Act, and declares that that statute supersedes this Act.

Federal Mandate Relief Act of 1993 - Prohibits the enforcement of an intergovernmental regulation against a State or local government with respect to a fiscal year: (1) unless sufficient Federal funds have been appropriated to reimburse all State or local governments for the total additional costs that will be incurred by those governments in complying with the regulation during the fiscal year; or (2) the Congress approves by a two-thirds vote of the Members of each House a joint resolution that waives such prohibition with respect to that intergovernmental regulation and that fiscal year. Specifies that the total additional costs that will be incurred by State and local governments in complying with an intergovernmental regulation during a fiscal year shall be the total compliance costs estimated by the Director of the Office of Management and Budget under this Act. Requires the Director, for each fiscal year in which an intergovernmental regulation will be in effect, to submit to the President and the Congress a report that contains an estimate for that fiscal year and the following fiscal year of the total additional costs that have been or will be incurred by each State and local government in complying with the regulation. Sets forth provisions with respect to reimbursements of State and local governments by Federal agencies.

Federal Mandate Relief Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountability in Foster Care Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Key child welfare laws, such as the Adoption and Safe Families Act of 1997 (Public Law 105-89) and the John H. Chafee Foster Care Independence Act of 1999 (Public Law 106-169), emphasize the importance of monitoring States performances in providing for the safety, permanency, stability, and well-being of children in and emancipated from the foster care system via measurable outcome data. (2) Child welfare experts and government agents have identified serious problems with current efforts to measure program functioning related to children in foster care and emancipated youth, including-- (A) Performance measures that prohibit examining children or success over time, overestimate the proportion of children reunified with families, and fail to consider the nature of the children (such as the severity of their problems, their age, and their urbanicity) served that could affect determinations of a State's success; (B) The failure of the Department of Health and Human Services to implement the National Youth in Transition Database to monitor States' performance related to youth aging out of the foster care system, as mandated by the Foster Care Independence Act of 1999; and (C) Findings by the Government Accountability Office that effective Federal oversight of the child welfare system requires reliable information on States' implementation efforts and that the ability of the Administration of Children and Families to monitor State performance continues to be hindered by an absence of standard, comprehensive information within and across State plans on each State's goals, services, and youth outcomes as measured against baselines of past achievement. SEC. 3. ADVISORY PANEL ON THE ADOPTION AND FOSTER CARE ANALYSIS AND REPORTING SYSTEM. (a) Establishment.--Not later than 90 days after the date of the enactment of this subsection, the Secretary shall establish an Advisory Panel (in this Act referred to as the ``Advisory Panel'') on the Adoption and Foster Care Analysis and Reporting System (in this Act referred to as ``AFCARS'') to revise and monitor the data collection, analysis, and reporting system designed to be used to assess and improve State performance in operating child protection and child welfare programs pursuant to parts B and E of title IV of the Social Security Act. (b) Functions.--The Advisory Panel established under subsection (a) shall-- (1) no later than 6 months after its appointment, make written recommendations for changes in law or data collection procedures necessary to revise AFCARS to enable the revised AFCARS to-- (A) longitudinally track child-specific outcomes (including maltreatment in foster care, number of foster care placements, maltreatment in foster care, and time to reunification, adoption, or legal guardianship) for children in or who have exited the foster care system through emancipation, adoption, or legal guardianship, developing appropriate timeframes for following children after exiting the system; (B) collect and analyze entry and exit cohort data; (C) be integrated with the National Youth in Transition Database to promote efficiency in data collection and to allow States to examine the relationships between the experiences of youths while in care and later transition outcomes; and (D) include outcome measures of child well-being (including education, health, mental health, and connection to adults); (2) monitor the implementation of these AFCARS improvements and propose improvements to other State performance measures related to provision of services to children and families, by-- (A) convening not less frequently than annually to evaluate the quality of the revised AFCARS and make recommendations to the Secretary of Health and Human Services for continuing improvement in the quality of the system of data collection, analysis, and reporting; (B) developing a uniform reporting format for the Child and Family Services Plan and the Annual Progress and Services Report in developing services for children and families; and (C) proposing performance standards that allow for differences among States and characteristics among populations served (such as differences in the severity of problems faced by the population, age of the population, or urbanicity of the population) in understanding States performance; and (3) examining the feasibility of linking AFCARS and the National Child Abuse and Neglect Data Systems (NCANDS) to understand longitudinal outcomes of children who may be in both systems. (c) Membership.-- (1) In general.--Subject to paragraph (2), the Secretary of Health and Human Services shall determine the membership and organization of the Advisory Panel. (2) Qualifications.--The membership of the Advisory Panel shall include-- (A) representatives of State and local governmental agencies with responsibility for foster care and adoption services, which may include caseworkers responsible for input data used for AFCARS or other Federal child welfare data reporting systems; (B) representatives of research organizations and universities who focus on child welfare issues; (C) representatives of private, nonprofit organizations with an interest in child protection and child welfare, including those with demonstrated expertise in developing effective child welfare assessment tools; (D) representatives of Federal agencies responsible for the collection of child welfare data and statistics; (E) representatives of families of former foster children, including adoptive parents or guardians; and (F) representatives of juvenile, family, or dependency courts. (d) Use of Alternative Longitudinal Measures by States.--Until final regulations providing for implementation of the recommendations made pursuant to this section are promulgated, the Secretary shall assess the extent to which a State is in compliance with a corrective action plan pursuant to section 1123A of the Social Security Act through use of such alternative longitudinal measures as the State may select. (e) Permanency.--Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Board. SEC. 4. REGULATIONS TO REVISE THE ADOPTION AND FOSTER CARE ANALYSIS AND REPORTING SYSTEM. (a) Notice of Proposed Regulations.--Not later than 12 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall cause to be published in the Federal Register a notice of proposed regulations to revise AFCARS which details the plans and timetable for implementing the regulations described in subsection (b). (b) Content of Proposed Regulations.--The proposed regulations shall be based on the recommendations provided by the Advisory Panel, and shall-- (1) permit longitudinal analysis of child-specific outcomes, including analysis of entry and exit cohort data for children in and emancipated from foster care; (2) permit AFCARS to be integrated with the planned National Youth in Transition Database; and (3) contain such other rules as may be necessary to ensure that the revised AFCARS can perform the functions described in section 3(b). (c) Final Regulations.--Not later than 6 months after the notice required by subsection (a) is published, the Secretary of Health and Human Services shall publish final regulations to revise AFCARS in the manner described in this section.

Accountability in Foster Care Act - Directs the Secretary of Health and Human Services to establish an Advisory Panel on the Adoption and Foster Care Analysis and Reporting System (AFCARS) to revise and monitor the data collection, analysis, and reporting system designed to be used to assess and improve state performance in operating child protection and child welfare programs (pursuant to parts B and E of title IV of the Social Security Act). Directs the Secretary to publish notice of proposed regulations, based on Advisory Panel recommendations, and final regulations to revise AFCARS. Requires such regulations to: (1) permit longitudinal analysis of child-specific outcomes, including analysis of entry and exit cohort data for children in and emancipated from foster care; (2) permit AFCARS to be integrated with the planned National Youth in Transition Database; and (3) contain any other rules necessary to ensure that the revised AFCARS can perform specified functions.

To strengthen the accountability of the child welfare system in its mandate to ensure the safety, permanence, and well-being of children who are victims of abuse and neglect.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Death Gratuity Equity Act of 2016''. SEC. 2. INCREASING THE DEATH GRATUITY FOR A FEDERAL CIVILIAN EMPLOYEE KILLED IN THE LINE OF DUTY. (a) Amendment to Title 5.--Subchapter VII of chapter 55 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 5571. Certain employee death gratuities payable by reason of death of a Federal civilian employee resulting from an injury sustained in the line of duty ``(a) Definitions.--In this section-- ``(1) the term `child'-- ``(A) includes-- ``(i) a natural child; and ``(ii) an adopted child; and ``(B) does not include a stepchild who has not been adopted by the applicable civilian employee; and ``(2) the term `civilian employee' means an individual who the Secretary of Labor has determined is an employee, as defined in section 8101(1). ``(b) Death Gratuity Authorized.-- ``(1) In general.--Notwithstanding section 8116, and in addition to any payment made under subchapter I of chapter 81, the head of an agency shall pay from appropriations made available for salaries and expenses of that agency a death gratuity for the death of a civilian employee of that agency occurring on or after the date of enactment of this section if the death of the civilian employee-- ``(A) resulted from an injury sustained in the line of duty; and ``(B) did not result from-- ``(i) natural causes; or ``(ii) serious and willful misconduct by the civilian employee. ``(2) Payment.--A death gratuity paid under paragraph (1) shall be-- ``(A) in the amount described in subsection (c); and ``(B) paid to a person described in subsection (d). ``(c) Amounts Available.-- ``(1) In general.--Except as provided in paragraph (2), the amount of a death gratuity paid under this section shall be-- ``(A) $100,000 per civilian employee; and ``(B) adjusted annually on March 1 of each year by the amount determined by the Secretary of Labor to represent the percentage difference between the Consumer Price Index (all items; United States city average) published for December of the preceding year and that price index published for the December of the year before the preceding year, adjusted to the nearest \1/10\ of 1 percent. ``(2) Local compensation plan.--The amount of a death gratuity paid in relation to the death of a civilian employee compensated under a local compensation plan established under section 408 of the Foreign Service Act of 1980 (22 U.S.C. 3968) shall be determined by regulations promulgated by the Secretary of State. ``(d) Execution of Payment.-- ``(1) Establishment of claim.--Upon the establishment of a valid claim for a death gratuity under this section, payment shall be made-- ``(A) to a person who-- ``(i) survives a civilian employee on the date of the death of the civilian employee; and ``(ii) is alive on the date that title to the payment arises; and ``(B) in the order of precedence established under paragraph (2). ``(2) Order of payment.--The order of precedence established under this paragraph is as follows: ``(A)(i) To a beneficiary designated by the civilian employee in a signed and witnessed writing that-- ``(I) is received by the agency employing the civilian employee before the date of the death of the civilian employee; and ``(II) specifies that the beneficiary shall receive an amount payable under this section. ``(ii) A will or other document that is not executed and filed as described in clause (i) shall not constitute a writing under clause (i) and such a will or other document shall have no force or effect. ``(B) If there is no beneficiary designated under subparagraph (A), to the surviving spouse of the civilian employee. ``(C) If subparagraphs (A) and (B) do not apply, to-- ``(i) the child or children of the civilian employee; and ``(ii) any descendants of a deceased child or children of the civilian employee by representation. ``(D) If subparagraphs (A), (B), and (C) do not apply, to the surviving parent or parents of the civilian employee. ``(E) If subparagraphs (A) through (D) do not apply, to the duly appointed executor or administrator of the estate of the civilian employee. ``(F) If subparagraphs (A) through (E) do not apply, to the person entitled to the payment under the laws of the domicile of the civilian employee on the date of the death of the civilian employee. ``(e) Payment Not Gross Income.--A payment under this section shall not be considered gross income of a person described in subsection (d)(2) under section 61 of the Internal Revenue Code of 1986.''. (b) Amendments to Title 49.--Section 40122(g)(2) of title 49, United States Code, is amended-- (1) by redesignating subparagraphs (C) through (J) as subparagraphs (D) through (K), respectively; and (2) by inserting after subparagraph (B) the following: ``(C) section 5571, relating to a death gratuity resulting from an injury sustained in the line of duty;''. (c) Technical and Conforming Amendments.--Chapter 55 of title 5, United States Code, is amended-- (1) in the heading for subchapter VII, by striking ``EMPLOYEES'' and inserting ``PERSONS AND PAYMENTS FOR DISABILITY OR DEATH''; and (2) in the table of sections-- (A) by striking the item relating to subchapter VII and inserting the following: ``subchapter vii--payments to missing persons and payments for disability or death''; and (B) by inserting after the item relating to section 5570 the following: ``5571. Certain employee death gratuities payable by reason of death of a Federal civilian employee resulting from an injury sustained in the line of duty.''. SEC. 3. REPEAL OF 1996 DEATH GRATUITY PAYMENT AUTHORITY. Section 651 of the Treasury, Postal Service, and General Government Appropriations Act, 1997 (5 U.S.C. 8133 note; Public Law 104-208) is repealed. SEC. 4. FUNERAL AND BURIAL EXPENSES. (a) In General.--Section 8134 of title 5, United States Code, is amended by striking subsection (a) and inserting the following: ``(a)(1) For deaths occurring on or after the date of enactment of the Death Gratuity Equity Act of 2016, if death results from an injury sustained in the performance of duty, the United States shall pay, to the personal representative of the deceased or otherwise, funeral and burial expenses not to exceed $8,800, in the discretion of the Secretary of Labor. ``(2) The maximum payment permitted under paragraph (1) shall be adjusted annually on March 1 of each year in accordance with the adjustment described in section 8146a.''. (b) Applicability.--Section 8134(a) of title 5, United States Code, as in effect on the day before the date of enactment of this Act, shall apply to a death occurring before the date of enactment of this Act without regard to whether payment is made before, on, or after the date of enactment of this Act. SEC. 5. FEDERAL EMPLOYEES' COMPENSATION ACT DEATH GRATUITY. (a) In General.--Section 8102a of title 5, United States Code, is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Death Gratuity Authorized.-- ``(1) In general.-- ``(A) Payment.--Except as provided in paragraph (2), for deaths occurring on or after the date of enactment of the Death Gratuity Equity Act of 2016, the United States shall pay a death gratuity of $100,000 to or for the eligible survivor under subsection (d) immediately upon receiving official notification of the death of an employee who dies of injuries incurred in connection with the service of that employee with an Armed Force in a contingency operation. ``(B) Adjustment.--The amount under subparagraph (A) shall be adjusted annually on March 1 of each year by the amount determined by the Secretary of Labor to represent the percentage difference between the Consumer Price Index (all items; United States city average) published for December of the preceding year and that price index published for the December of the year before the preceding year, adjusted to the nearest \1/10\ of 1 percent. ``(C) No reduction.--The death gratuity payable under subparagraph (A) shall not be reduced by the amount of any other death gratuity provided under any other law of the United States that is based on the same death. ``(2) Compensation for noncitizens and nonresidents.--For claims arising under section 8137, the amount of the death gratuity shall be subject to that section and the regulations promulgated under that section.''; (2) by striking subsection (c); (3) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and (4) in subsection (c), as so redesignated, by adding at the end the following: ``(7) If there are no eligible survivors, as described in paragraphs (1) through (6), and the employee has not designated another person to receive an amount payable under this section, that amount shall be paid to the personal representative of the estate of the employee.''. (b) Applicability.--Section 8102a of title 5, United States Code, as in effect on the day before the date of enactment of this Act, shall apply to a death occurring before the date of enactment of this Act without regard to whether payment is made before, on, or after the date of enactment of this Act. SEC. 6. AGENCY GRATUITY FOR DEATHS SUSTAINED IN THE PERFORMANCE OF DUTY ABROAD. Section 413 of the Foreign Service Act of 1980 (22 U.S.C. 3973) is amended-- (1) in subsection (a)-- (A) in the first sentence, by striking ``dependents'' and inserting ``beneficiary''; and (B) in the second sentence, by inserting ``, except as provided in subsection (e)'' after ``payable from any source''; (2) by amending subsection (b) to read as follows: ``(b) Executive Agencies.--The head of an executive agency shall, pursuant to guidance issued under subsection (c), make a death gratuity payment authorized by this section to the surviving beneficiary of-- ``(1) any employee of that agency who dies as a result of injuries sustained in the performance of duty abroad while subject to the authority of the chief of mission pursuant to section 207; or ``(2) an individual in a special category serving in an uncompensated capacity for that agency abroad in support of a diplomatic mission, as identified in guidance issued under subsection (c), who dies as a result of injuries sustained in the performance of duty abroad.''; (3) by amending subsection (d) to read as follows: ``(d) Eligibility Under Chapter 81 of Title 5, United States Code.--A death gratuity payment may be made under this section only if the death is determined by the Secretary of Labor to have resulted from an injury (excluding a disease proximately caused by the employment) sustained in the performance of duty under section 8102 of title 5, United States Code.''; (4) by redesignating subsection (e) as subsection (g); (5) by inserting after subsection (d) the following: ``(e) Offset.--For deaths occurring on or after the date of enactment of this subsection, the death gratuity payable under this section shall be reduced by the amount of any death gratuity provided under section 5571 of title 5, United States Code, based on the same death. ``(f) Tax Treatment.--A payment under this section shall not be considered gross income of a surviving beneficiary under section 61 of the Internal Revenue Code of 1986.''; and (6) in subsection (g), as so redesignated, by amending paragraph (2) to read as follows: ``(2) the term `surviving beneficiary' means the person identified under the order of precedence established under section 5571(d)(2) of title 5, United States Code.''. SEC. 7. EMERGENCY SUPPLEMENTAL AUTHORIZATION IN THE EVENT OF THE INABILITY OF AN AGENCY TO MEET THE REQUIREMENTS OF THIS ACT. (a) In General.--If the head of an agency (as defined in section 5561 of title 5, United States Code) determines, with the concurrence of the Director of the Office of Management and Budget, that a natural disaster, act of terrorism, or other incident results in the inability of the agency to meet the requirements of this Act and the amendments made by this Act, additional amounts are authorized to be appropriated to make additional payments-- (1) under-- (A) section 5571(b) of title 5, United States Code, as added by section 2(a); (B) section 8102a of title 5, United States Code, as amended by section 5; and (C) section 413 of the Foreign Service Act of 1980 (22 U.S.C. 3973), as amended by section 6; and (2) that would exceed the amount available to the agency without the additional appropriations. (b) Additional Payments.--A payment authorized under subsection (a) may be made only if additional appropriations are provided for a purpose described in that subsection. (c) Congressional Vote.--It is the sense of Congress that Congress should vote on a request for additional appropriations under this section not later than 30 days after the date of submission of such a request to Congress.

Death Gratuity Equity Act of 2016 This bill requires federal agencies to pay a death gratuity of $100,000 per employee for the death of civilian employees resulting from injuries sustained in the line of duty that did not result from natural causes or the employee's serious and willful misconduct. The bill also allows an additional payment of up to $8,800 for funeral and burial expenses. (Currently, funeral and burial payments may not exceed $800 per employee and the combination of payments for death gratuity, funeral, burial, and other compensation and reimbursements may not exceed $10,000 per employee.) The amounts must be adjusted annually for inflation. For tax purposes, a death gratuity payment shall not be considered gross income to the person receiving payment. The death gratuity remains at $100,000 for an employee who dies of injuries incurred in connection with service with an Armed Force in a contingency operation, except that employees who are noncitizens and nonresidents of the United States or Canada, and their dependents, are subject to the Department of Labor's authority to modify payments that are substantially disproportionate to compensation for disability or death payable in similar cases under local laws or customs at the place outside the continental United States or Canada where the employee is working at the time of injury. The bill also allows such death gratuities in connection with such Armed Force service to be paid in addition to any other amounts paid under U.S. law based on the same death. The Foreign Service Act of 1980 is amended to make death gratuities payable to the surviving beneficiaries (currently, dependents) of U.S. Foreign Service employees, or individuals in a special category serving in an uncompensated capacity for that agency in support of a diplomatic mission, who die as a result of injuries sustained in the performance of duty abroad. But the Foreign Service death gratuity is reduced by the amount of any federal civilian employee death gratuity paid under this bill for the same death. Additional amounts are authorized to be appropriated for death gratuity payments under this bill if an agency and the Office of Management and Budget determine that a natural disaster, act of terrorism, or other incident results in the inability of the agency to meet these death gratuity payment requirements. An authorized payment that exceeds the amount available to the agency without additional appropriations may be made only if Congress makes the additional appropriations for that purpose.

Death Gratuity Equity Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Relief Act of 2007''. SEC. 2. REFUNDABLE CREDIT FOR HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED INDIVIDUALS. (a) Allowance of Credit.-- (1) In general.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable personal credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED INDIVIDUALS. ``(a) Allowance of Credit.--In the case of a previously uninsured individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the amount paid by the taxpayer during such taxable year for health insurance coverage for the taxpayer and the taxpayer's spouse and dependents. ``(b) Limitation.--The amount allowed as a credit under subsection (a) for the taxable year shall not exceed $1,000 ($2,000 in the case of a joint return filed by 2 previously uninsured individuals). ``(c) Definitions.--For purposes of this section-- ``(1) Previously uninsured individual.--The term `previously uninsured individual' means any individual who had no health insurance coverage at any time during the 6-month period before the earliest date that such individual has health insurance coverage by reason of the payments taken into account under subsection (a). ``(2) Health insurance coverage.--The term `health insurance coverage' has the meaning given to such term by section 9832(b)(1). ``(d) Special Rules.-- ``(1) Coordination with other benefits.--The amount which would (but for this paragraph) be taken into account by the taxpayer under sections 35, 162(l), 213, 220, or 223 for the taxable year shall be reduced by the credit allowed by this section to the taxpayer for such year. ``(2) Denial of credit to dependents.--No credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``, 36,'' after ``35''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following: ``Sec. 36. Health insurance costs of previously uninsured individuals. ``Sec. 37. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 3. CREDIT FOR HEALTH INSURANCE EXPENSES OF SMALL BUSINESSES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following: ``SEC. 45O. SMALL BUSINESS HEALTH INSURANCE EXPENSES. ``(a) General Rule.--For purposes of section 38, in the case of a small employer, the health insurance credit determined under this section for the taxable year is an amount equal to 35 percent of the expenses paid by the taxpayer during the taxable year for health insurance coverage for such year provided under a new health plan for employees of such employer. ``(b) Limitations.-- ``(1) Per employee dollar limitation.--The amount of expenses taken into account under subsection (a) with respect to any employee for any taxable year shall not exceed-- ``(A) $800 in the case of self-only coverage, and ``(B) $2,000 in the case of family coverage. In the case of an employee who is covered by a new health plan of the employer for only a portion of such taxable year, the limitation under the preceding sentence shall be an amount which bears the same ratio to such limitation (determined without regard to this sentence) as such portion bears to the entire taxable year. ``(2) Period of coverage.--Expenses may be taken into account under subsection (a) only with respect to coverage for the 4-year period beginning on the date the employer establishes a new health plan. ``(3) Employer must bear 65 percent of cost.--Expenses may be taken into account under subsection (a) only if at least 65 percent of the cost of the coverage (without regard to this section) is borne by the employer. ``(c) Definitions.--For purposes of this section-- ``(1) Health insurance coverage.--The term `health insurance coverage' has the meaning given such term by section 9832(b)(1). ``(2) New health plan.-- ``(A) In general.--The term `new health plan' means any arrangement of the employer which provides health insurance coverage to employees if-- ``(i) such employer (and any predecessor employer) did not establish or maintain such arrangement (or any similar arrangement) at any time during the 2 taxable years ending prior to the taxable year in which the credit under this section is first allowed, and ``(ii) such arrangement provides health insurance coverage to at least 70 percent of the qualified employees of such employer. ``(B) Qualified employee.--The term `qualified employee' means any employee of an employer and shall include a leased employee within the meaning of section 414(n). ``(3) Small employer.--The term `small employer' has the meaning given to such term by section 4980D(d)(2); except that-- ``(A) only qualified employees shall be taken into account, and ``(B) such section shall be applied by substituting `100 employees' for `50 employees'. ``(d) Special Rules.-- ``(1) Certain rules made applicable.--For purposes of this section, rules similar to the rules of section 52 shall apply. ``(2) Amounts paid under salary reduction arrangements.--No amount paid or incurred pursuant to a salary reduction arrangement shall be taken into account under subsection (a). ``(3) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2008, each dollar amount contained in subsection (b) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50. ``(e) Termination.--This section shall not apply to expenses paid or incurred by an employer with respect to any arrangement established on or after January 1, 2014.''. (b) Credit To Be Part of General Business Credit.--Section 38(b) of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, plus'', and by adding at the end the following: ``(32) in the case of a small employer (as defined in section 45O(c)(3)), the health insurance credit determined under section 45O(a).''. (c) Denial of Double Benefit.--Section 280C of such Code is amended by adding at the end the following new subsection: ``(e) Credit for Small Business Health Insurance Expenses.-- ``(1) In general.--No deduction shall be allowed for that portion of the expenses (otherwise allowable as a deduction) taken into account in determining the credit under section 45O for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45O(a). ``(2) Controlled groups.--Persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as 1 person for purposes of this section.''. (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: ``Sec. 45O. Small business health insurance expenses.''. (e) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2007, for arrangements established after the date of the enactment of this Act.

Health Care Relief Act of 2007 - Amends the Internal Revenue Code to allow: (1) a refundable tax credit up to $1,000 for the health insurance coverage costs of a previously uninsured taxpayer, the taxpayer's spouse, and dependents; and (2) certain small business employers a business tax credit for amounts paid under a new health plan for employee health insurance coverage.

To amend the Internal Revenue Code of 1986 to allow previously uninsured individuals a refundable credit for health insurance costs and to provide tax incentives to encourage small business health plans.

TITLE I--NAVAL VESSEL TRANSFER SECTION 101. SHORT TITLE. This title may be cited as the ``Naval Vessel Transfer Act of 2008''. SEC. 102. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN RECIPIENTS. (a) Transfers by Grant.--The President is authorized to transfer the vessels specified in paragraphs (1), (3), and (4) of section 501(a) of H.R. 5916 of the 110th Congress, as passed the House of Representatives on May 15, 2008, to the foreign recipients specified in paragraphs (1), (3), and (4) of such section, respectively, on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). (b) Grants Not Counted in Annual Total of Transferred Excess Defense Articles.--The value of a vessel transferred to a recipient on a grant basis pursuant to authority provided by subsection (a) shall not be counted against the aggregate value of excess defense articles transferred in any fiscal year under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). (c) Costs of Transfers.--Any expense incurred by the United States in connection with a transfer authorized by this section shall be charged to the recipient (notwithstanding section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e))). (d) Repair and Refurbishment in United States Shipyards.--To the maximum extent practicable, the President shall require, as a condition of the transfer of a vessel under this section, that the recipient to which the vessel is transferred have such repair or refurbishment of the vessel as is needed, before the vessel joins the naval forces of the recipient, performed at a shipyard located in the United States, including a United States Navy shipyard. (e) Expiration of Authority.--The authority to transfer a vessel under this section shall expire at the end of the 2-year period beginning on the date of the enactment of this Act. TITLE II--UNITED STATES ARMS EXPORTS SEC. 201. ASSESSMENT OF ISRAEL'S QUALITATIVE MILITARY EDGE OVER MILITARY THREATS. (a) Assessment Required.--The President shall carry out an empirical and qualitative assessment on an ongoing basis of the extent to which Israel possesses a qualitative military edge over military threats to Israel. The assessment required under this subsection shall be sufficiently robust so as to facilitate comparability of data over concurrent years. (b) Use of Assessment.--The President shall ensure that the assessment required under subsection (a) is used to inform the review by the United States of applications to sell defense articles and defense services under the Arms Export Control Act (22 U.S.C. 2751 et seq.) to countries in the Middle East. (c) Reports.-- (1) Initial report.--Not later than June 30, 2009, the President shall transmit to the appropriate congressional committees a report on the initial assessment required under subsection (a). (2) Quadrennial report.--Not later than four years after the date on which the President transmits the initial report under paragraph (1), and every four years thereafter, the President shall transmit to the appropriate congressional committees a report on the most recent assessment required under subsection (a). (d) Certification.--Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended by adding at the end the following: ``(h) Certification Requirement Relating to Israel's Qualitative Military Edge.-- ``(1) In general.--Any certification relating to a proposed sale or export of defense articles or defense services under this section to any country in the Middle East other than Israel shall include a determination that the sale or export of the defense articles or defense services will not adversely affect Israel's qualitative military edge over military threats to Israel. ``(2) Qualitative military edge defined.--In this subsection, the term `qualitative military edge' means the ability to counter and defeat any credible conventional military threat from any individual state or possible coalition of states or from non-state actors, while sustaining minimal damages and casualties, through the use of superior military means, possessed in sufficient quantity, including weapons, command, control, communication, intelligence, surveillance, and reconnaissance capabilities that in their technical characteristics are superior in capability to those of such other individual or possible coalition of states or non- state actors.''. (e) Definitions.--In this section: (1) Appropriate congressional committees.--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. (2) Qualitative military edge.--The term ``qualitative military edge'' has the meaning given the term in section 36(h) of the Arms Export Control Act, as added by subsection (d) of this section. SEC. 202. IMPLEMENTATION OF MEMORANDUM OF UNDERSTANDING WITH ISRAEL. (a) In General.--Of the amount made available for fiscal year 2009 for assistance under the program authorized by section 23 of the Arms Export Control Act (22 U.S.C. 2763) (commonly referred to as the ``Foreign Military Financing Program''), the amount specified in subsection (b) is authorized to be made available on a grant basis for Israel. (b) Computation of Amount.--The amount referred to in subsection (a) is the amount equal to-- (1) the amount specified under the heading ``Foreign Military Financing Program'' for Israel for fiscal year 2008; plus (2) $150,000,000. (c) Other Authorities.-- (1) Availability of funds for advanced weapons systems.--To the extent the Government of Israel requests the United States to provide assistance for fiscal year 2009 for the procurement of advanced weapons systems, amounts authorized to be made available for Israel under this section shall, as agreed to by Israel and the United States, be available for such purposes, of which not less than $670,650,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development. (2) Disbursement of funds.--Amounts authorized to be made available for Israel under this section shall be disbursed not later than 30 days after the date of the enactment of an Act making appropriations for the Department of State, foreign operations, and related programs for fiscal year 2009, or October 31, 2008, whichever occurs later. SEC. 203. SECURITY COOPERATION WITH THE REPUBLIC OF KOREA. (a) Findings.--Congress makes the following findings: (1) Close and continuing defense cooperation between the United States and the Republic of Korea continues to be in the national security interest of the United States. (2) The Republic of Korea was designated a major non-NATO ally in 1987, the first such designation. (3) The Republic of Korea has been a major purchaser of United States defense articles and services through the Foreign Military Sales (FMS) program, totaling $6,900,000,000 in deliveries over the last 10 years. (4) Purchases of United States defense articles, services, and major defense equipment facilitate and increase the interoperability of Republic of Korea military forces with the United States Armed Forces. (5) Congress has previously enacted important, special defense cooperation arrangements for the Republic of Korea, as in the Act entitled ``An Act to authorize the transfer of items in the War Reserves Stockpile for Allies, Korea'', approved December 30, 2005 (Public Law 109-159; 119 Stat. 2955), which authorized the President, notwithstanding section 514 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h), to transfer to the Republic of Korea certain defense items to be included in a war reserve stockpile for that country. (6) Enhanced support for defense cooperation with the Republic of Korea is important to the national security of the United States, including through creation of a status in law for the Republic of Korea similar to the countries in the North Atlantic Treaty Organization, Japan, Australia, and New Zealand, with respect to consideration by Congress of foreign military sales to the Republic of Korea. (b) Special Foreign Military Sales Status for Republic of Korea.-- The Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended-- (1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5), 21(e)(2)(A), 36(b), 36(c), 36(d)(2)(A), 62(c)(1), and 63(a)(2), by inserting ``the Republic of Korea,'' before ``or New Zealand'' each place it appears; (2) in section 3(b)(2), by inserting ``the Government of the Republic of Korea,'' before ``or the Government of New Zealand''; (3) in section 21(h)(1)(A), by inserting ``the Republic of Korea,'' before ``or Israel''; and (4) in section 21(h)(2), by striking ``or to any member government of that Organization if that Organization or member government'' and inserting ``, to any member government of that Organization, or to the Governments of the Republic of Korea, Australia, New Zealand, Japan, or Israel if that Organization, member government, or the Governments of the Republic of Korea, Australia, New Zealand, Japan, or Israel''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Title I: Naval Vessel Transfer - Naval Vessel Transfer Act of 2008 - (Sec. 102) Authorizes the President to transfer on a grant basis to: (1) Pakistan, the OLIVER HAZARD PERRY class guided missile frigate MCINERNEY; (2) Chile, the KAISER class oiler ANDREW J. HIGGINS; and (3) Peru, the NEWPORT class amphibious tank landing ships FRESNO and RACINE. States that: (1) the value of such vessels transferred on a grant basis shall not be counted against the aggregate value of excess defense articles transferred to countries in any fiscal year under the Foreign Assistance Act of 1961; (2) transfer costs shall be charged to the recipient; and (3) to the maximum extent practicable, the country to which a vessel is transferred shall have necessary vessel repair and refurbishment carried out at U.S. shipyards (including U.S. Navy shipyards). Terminates transfer authority two years after enactment of this Act. Title II: United States Arms Exports - (Sec. 201) Directs the President to: (1) carry out an ongoing assessment of the extent to which Israel possesses a qualitative military edge (as defined by this Act) over military threats; (2) use such assessment in reviewing applications to sell defense articles and services under the Arms Export Control Act to a Middle Eastern country other than Israel; and (3) submit an initial report on such assessment to the appropriate congressional committees by June 30, 2009, and then every four years thereafter. Amends the Arms Export Control Act to require any certification relating to a proposed sale or export of defense articles or services to a Middle Eastern country other than Israel to include a determination that such sale or export will not adversely affect Israel's qualitative military edge (as defined by this Act for purposes of this provision) over military threats. (Sec. 202) Makes specified foreign military financing program funds for FY2009 available on a grant basis for Israel. Authorizes funding in FY2009 for the procurement of advanced weapons systems, including research and development, by Israel. (Sec. 203) Amends the Arms Export Control Act to provide the Republic of Korea with special foreign military sales status, including expedited congressional review for export of U.S. defense items and services.

To authorize the transfer of naval vessels to certain foreign recipients, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Institution Customer Protection Act of 2014''. SEC. 2. REQUIREMENTS FOR DEPOSIT ACCOUNT TERMINATION REQUESTS AND ORDERS. (a) Termination Requests or Orders Must Be Material.-- (1) In general.--An appropriate Federal banking agency may not suggest, request, or order a depository institution to terminate a specific customer account or to otherwise restrict or discourage a depository institution from entering into or maintaining a banking relationship with a specific customer unless-- (A) the agency has a material reason for such suggestion, request, or order; and (B) such reason is not based solely on reputation risk. (2) Treatment of national security threats.--If an appropriate Federal banking agency believes a specific customer poses a threat to national security, including any belief that such customer is involved in terrorist financing, such belief shall satisfy the materiality requirement under paragraph (1)(A). (3) Rulemaking.--Not later than the end of the 60-day period beginning on the date of the enactment of this Act, the appropriate Federal banking agencies shall, jointly, issue regulations defining the term ``reputation risk'' for purposes of this section. (b) Notice Requirement.-- (1) In general.--If an appropriate Federal banking agency suggests, requests, or orders a depository institution to terminate a specific customer account, the agency shall-- (A) provide such suggestion, request, or order to the institution in writing; and (B) accompany such suggestion, request, or order with a justification for why such termination is needed, including any specific laws or regulations the agency believes are being violated by the customer, if any. (2) Justification requirement.--A justification described under paragraph (1)(B) may not be based solely on the reputation risk to the depository institution. (c) Customer Notice.-- (1) Notice not required.--Nothing in this section shall be construed as requiring a depository institution or an appropriate Federal banking agency to inform a customer of the justification for the customer's account termination described under subsection (b). (2) Notice prohibited in cases of national security.--If an appropriate Federal banking agency suggests, requests, or orders a depository institution to terminate a specific customer account based on a belief that the customer poses a threat to national security, neither the depository institution nor the appropriate Federal banking agency may inform the customer of the justification for the customer's account termination. (d) Reporting Requirement.--Each appropriate Federal banking agency shall issue an annual report to the Congress stating-- (1) the aggregate number of specific customer accounts that the agency suggested, requested, or ordered a depository institution to terminate during the previous year; and (2) the legal authority under which the agency made such suggestions, requests, and orders. (e) Definitions.--For purposes of this section: (1) Appropriate federal banking agency.--The term ``appropriate Federal banking agency'' means-- (A) the appropriate Federal banking agency, as defined under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and (B) the National Credit Union Administration, in the case of an insured credit union. (2) Depository institution.--The term ``depository institution'' means-- (A) a depository institution, as defined under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and (B) an insured credit union. SEC. 3. AMENDMENTS TO THE FINANCIAL INSTITUTIONS REFORM, RECOVERY, AND ENFORCEMENT ACT OF 1989. Section 951 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833a) is amended-- (1) in subsection (c)(2), by striking ``affecting'' and inserting ``by or against''; and (2) in subsection (g)-- (A) in the header, by striking ``Subpoenas'' and inserting ``Investigations''; and (B) by amending paragraph (1)(C) to read as follows: ``(C) summon witnesses and require the production of any books, papers, correspondence, memoranda, or other records which the Attorney General deems relevant or material to the inquiry, if the Attorney General-- ``(i) requests a court order from a court of competent jurisdiction for such actions and offers specific and articulable facts showing that there are reasonable grounds to believe that the information or testimony sought is relevant and material for conducting an investigation under this section; or ``(ii) either personally or through delegation no lower than the Deputy Attorney General, issues and signs a subpoena for such actions and has reasonable grounds to believe that the information or testimony sought is relevant for conducting an investigation under this section.''.

Financial Institution Customer Protection Act of 2014 - Prohibits a federal banking agency from suggesting, requesting, or ordering a depository institution to terminate a specific customer account, or otherwise restrict or discourage it from entering into or maintaining a banking relationship with a specific customer, unless: (1) the agency has a material reason to do so, and (2) the reason is not based solely on reputation risk. Prescribes requirements for notice from the federal banking agency to the depository institution about such a customer account restriction or termination; but states that notice to the customer is not required. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to revise requirements for summoning witnesses and requiring production of books or other records the Attorney General deems relevant or material to a civil investigation in contemplation of a civil proceeding which may result in civil penalties for specified violations.

Financial Institution Customer Protection Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Lock-Box Act of 2005''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) fiscal pressures will mount as an aging population increases the Government's obligations to provide retirement income and health services; (2) Social Security surpluses should be reserved for strengthening and preserving the Social Security Trust Funds; and (3) preserving Social Security surpluses would restore confidence in the long-term financial integrity of Social Security. (b) Purpose.--It is the purpose of this Act to prevent the Social Security Trust Funds from being used for any purpose other than providing retirement security. SEC. 3. PROTECTION OF SOCIAL SECURITY TRUST FUNDS. (a) Protection of Social Security.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``lock-box for social security ``Sec. 316. (a) Lock-Box for Social Security.-- ``(1) Concurrent resolutions on the budget.-- ``(A) In general.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget, or an amendment thereto or conference report thereon, that would set forth totals for any fiscal year with respect to the Social Security Trust Funds that are less than the totals of the Social Security Trust Funds for that fiscal year as calculated in accordance with a current services baseline. ``(B) Exception.--(i) Subparagraph (A) shall not apply to the extent that a violation of such subparagraph would result from an assumption in the resolution, amendment, or conference report, as applicable, of an increase in outlays or a decrease in revenues and disbursements relative to the baseline underlying that resolution for social security reform legislation for any such fiscal year. ``(ii) If a concurrent resolution on the budget, or an amendment thereto or conference report thereon, would be in violation of subparagraph (A) because of an assumption of an increase in outlays or a decrease in revenue relative to the baseline underlying that resolution for social security reform legislation for any such fiscal year, then that resolution shall include a statement identifying any such increase in outlays or decrease in revenues and disbursements. ``(2) Spending and tax legislation.-- ``(A) In general.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report if-- ``(i) the enactment of that bill or resolution, as reported; ``(ii) the adoption and enactment of that amendment; or ``(iii) the enactment of that bill or resolution in the form recommended in that conference report, would cause the totals for any fiscal year covered by the most recently agreed to concurrent resolution on the budget with respect to the Social Security Trust Funds to be less than the totals of the Social Security Trust Funds for that fiscal year as calculated in accordance with the current services baseline. ``(B) Exception.--Subparagraph (A) shall not apply to social security reform legislation. ``(b) Enforcement.--For purposes of enforcing any point of order under subsection (a), the totals of the Social Security Trust Funds for a fiscal year shall be the levels set forth in the later of the report accompanying the concurrent resolution on the budget (or, in the absence of such a report, placed in the Congressional Record prior to the consideration of such resolution) or in the joint explanatory statement of managers accompanying such resolution. ``(c) Additional Content of Reports Accompanying Budget Resolutions and of Joint Explanatory Statements.--The report accompanying any concurrent resolution on the budget and the joint explanatory statement accompanying the conference report on each such resolution shall include the levels of the totals in the budget for each fiscal year set forth in such resolution and of the revenues and disbursements in the Social Security Trust Funds. ``(d) Definitions.--As used in this section, the term `social security reform legislation' means a bill or a joint resolution to save social security that includes a provision stating the following: `For purposes of section 316(a) of the Congressional Budget Act of 1974, this Act constitutes social security reform legislation.'. ``(e) Waiver and Appeal.--Subsection (a) may be waived or suspended in the Senate 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 in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section. ``(f) Effective Date.--This section shall cease to have any force or effect upon the enactment of social security reform legislation.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding after the item for section 315 the following: ``Sec. 316. Lock-box for social security.''. SEC. 4. PRESIDENT'S BUDGET. (a) Protection of Social Security.--If the budget of the United States Government submitted by the President under section 1105(a) of title 31, United States Code, recommends totals for any fiscal year with respect to the Social Security Trust Funds that are less than the totals of the Social Security Trust Funds for that fiscal year as calculated in accordance with current services baseline, then it shall include a detailed proposal for social security reform legislation. (b) Effective Date.--Subsection (a) shall cease to have any force or effect upon the enactment of social security reform legislation as defined by section 316(d) of the Congressional Budget Act of 1974.

Social Security Lock-Box Act of 2005 - Amends the Congressional Budget Act of 1974 to provide a point of order against consideration of any: (1) budget resolution that sets forth totals for any fiscal year with respect to the Social Security Trust Funds that are less than the totals of the Social Security Trust Funds for that fiscal year as calculated in accordance with a current services baseline; or (2) spending or tax legislation that would cause any totals to be less than the Funds totals for the covered fiscal year. Makes the point of order described in (2) above inapplicable to Social Security reform legislation. Requires any Federal budget submitted by the President that recommends totals for any fiscal year with respect to the Funds that are less than the totals of the Funds for that fiscal year to include a detailed proposal for Social Security reform legislation. Makes this Act inapplicable upon the enactment of such legislation. Defines "Social Security reform legislation" as a bill or joint resolution to save Social Security that specifies that it constitutes reform legislation.

A bill to establish a procedure to safeguard the Social Security Trust Funds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Problem Gambling Act of 2011''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Problem gambling is a public health disorder characterized by increasing preoccupation with gambling, loss of control, restlessness or irritability when attempting to stop gambling, and continuation of the gambling behavior in spite of mounting, serious, negative consequences. (2) Over 6,000,000 adults met criteria for a gambling problem last year. (3) The estimated social cost to families and communities from bankruptcy, divorce, job loss, and criminal justice costs associated with problem gambling was $6,700,000,000 last year. (4) Problem gambling is associated with higher incidences of bankruptcy, domestic abuse, and suicide. (5) People who engage in problem gambling have high rates of co-occurring substance abuse and mental health disorders. (6) In response to current budget shortfalls, many States are considering enacting or have enacted legislation to expand legal gambling activities with the intent of raising State revenues. (7) The Substance Abuse and Mental Health Services Administration is the lead Federal agency for substance abuse and mental health services. (8) There are no agencies or individuals in the Federal Government with formal responsibility for problem gambling. SEC. 3. INCLUSION OF AUTHORITY TO TREAT GAMBLING IN SAMHSA AUTHORITIES. Section 501(d) of the Public Health Service Act (42 U.S.C. 290aa(d)) is amended-- (1) by striking ``and'' at the end of paragraph (17); (2) by striking the period at the end of paragraph (18) and inserting ``; and''; and (3) by adding at the end the following: ``(19) establish and implement programs for the prevention, treatment, and research of pathological and other problem gambling.''. SEC. 4. PROGRAMS TO RESEARCH, PREVENT, AND ADDRESS PROBLEM GAMBLING. Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended-- (1) by redesignating part G (42 U.S.C. 290kk et seq.), relating to services provided through religious organizations and added by section 144 of the Community Renewal Tax Relief Act of 2000 (114 Stat. 2763A-619), as enacted into law by section 1(a)(7) of Public Law 106-554, as part J; (2) by redesignating sections 581 through 584 of that part J as sections 596 through 596C, respectively; and (3) by adding at the end the following: ``PART K--PROGRAMS TO RESEARCH, PREVENT, AND ADDRESS PROBLEM GAMBLING ``SEC. 597. PUBLIC AWARENESS. ``(a) In General.--The Secretary, acting through the Administrator, shall carry out a national campaign to increase knowledge and raise awareness within the general public with respect to problem gambling issues. In carrying out the campaign, the Secretary shall carry out activities that include augmenting and supporting existing (as of the date of the support) national campaigns and producing and placing public service announcements. ``(b) Voluntary Donations.--In carrying out subsection (a), the Secretary may-- ``(1) coordinate the voluntary donation of, and administer, resources to assist in the implementation of new programs and the augmentation and support of existing national campaigns to provide national strategies for dissemination of information, intended to treat problem gambling, from-- ``(A) television, radio, motion pictures, cable communications, and the print media; ``(B) the advertising industry; ``(C) the business sector of the United States; and ``(D) professional sports organizations and associations; and ``(2) encourage media outlets throughout the country to provide information, aimed at preventing problem gambling, including public service announcements, documentary films, and advertisements. ``(c) Focus.--In carrying out subsection (a), the Secretary shall target radio and television audiences of events including sporting and gambling events. ``(d) Evaluation.--In carrying out subsection (a), the Secretary shall evaluate the effectiveness of activities under this section. The Secretary shall submit a report to the President and Congress containing the results of the evaluation. ``SEC. 597A. RESEARCH. ``(a) In General.--The Secretary, acting through the Administrator, shall establish and implement a national program of research on problem gambling. ``(b) National Gambling Impact Study Commission Report.--In carrying out this section, the Secretary shall consider the recommendations that appear in chapter 8 of the June 18, 1999, report of the National Gambling Impact Study Commission. ``SEC. 597B. TREATMENT. ``The Secretary shall develop a treatment improvement protocol specific to problem gambling. ``SEC. 597C. PREVENTION. ``The Secretary, acting through the Administrator, shall integrate problem gambling into existing alcohol, tobacco and other drug prevention programs, where practical.''.

Comprehensive Problem Gambling Act of 2011 - Amends the Public Health Service Act to require the Administrator of the Substance Abuse and Mental Health Services Administration to: (1) establish and implement programs for the prevention, treatment, and research of pathological and other problem gambling; (2) carry out a national campaign to increase knowledge and raise awareness of problem gambling; and (3) establish and implement a national program of research on problem gambling. Authorizes the Administrator, in carrying out the national campaign, to: (1) administer and coordinate the voluntary donation of resources to assist in implementing new programs and augmenting and supporting existing national campaigns, and (2) encourage media outlets to provide information aimed at preventing problem gambling. Requires the Administrator to target radio and television audiences of events including sporting and gambling events. Directs: (1) the Secretary of Health and Human Services (HHS) to develop a treatment improvement protocol for problem gambling; and (2) the Administrator to integrate problem gambling into existing alcohol, tobacco, and other drug prevention programs where practical.

To amend the Public Health Service Act to specifically include, in programs of the Substance Abuse and Mental Health Services Administration, programs to research, prevent, and treat the harmful consequences of pathological and other problem gambling, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as ``SIG TARP Small Business Awareness Act of 2009''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Small businesses are going to be the driving force behind revitalizing our economy. (2) Small financial institutions are a primary financial resource for small businesses. (3) In a hearing of the Committee on Financial Services of the House of Representatives, witnesses testified that smaller financial institutions are having difficulty receiving funds from the Troubled Asset Relief Program. (4) In a hearing of the Committee on Financial Services of the House of Representatives, witnesses also testified that small businesses are having trouble receiving credit and financial products from banks and other financial institutions. SEC. 3. DUTIES OF THE SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM RELATING TO SMALL FINANCIAL INSTITUTIONS AND BUSINESSES. (a) In General.--Section 121(c) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5231(c)) is amended by adding at the end the following new paragraph: ``(5) Effects of program on small financial institutions and small businesses.-- ``(A) Small financial institutions.--In conducting audits and providing oversight of the Troubled Asset Relief Program in accordance with this section, the Special Inspector General shall examine how smaller financial institutions are being affected by-- ``(i) expenditures under the Program (including the adequacy of financial assistance provided to or on behalf of such smaller financial institutions); and ``(ii) the considerations and determinations of-- ``(I) the Secretary under this title; and ``(II) the regulators of such smaller financial institutions, with respect to capital adequacy and troubled assets. ``(B) Small businesses.--In conducting audits and providing oversight of the Troubled Asset Relief Program, the Special Inspector General shall examine the effects the provision of financial assistance under this title has had on small businesses, including both positive and negative effects and the extent of such effects on small businesses generally and by type and region. ``(C) Reports.--Any report prepared by the Special Inspector General under this section shall include the results of the activities of the Special Inspector General under paragraphs (1) and (2).''. (b) Report on Inclusion and Utilization of Women and Minorities.-- Section 121(i) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5231(i)) is amended by adding at the end the following new paragraph: ``(6) Report on inclusion and utilization of women and minorities.-- ``(A) In general.--The Special Inspector General shall include in each quarterly report to the Congress under paragraph (1) information on the activities of the Secretary and any financial institutions receiving financial assistance under this title to include and utilize minorities (as such term is defined in section 1204(c) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note)) and women, and minority- and women-owned businesses (as such terms are defined in section 21A(r)(4) of the Federal Home Loan Bank Act), in any solicitation or contract, including any contract to asset managers, servicers, property managers, and other service providers or expert consultants. ``(B) Information to be included.--The quarterly report shall include information on the levels of inclusion and utilization of women, minorities, and women- and minority-owned businesses, including the type of such contracts or solicitations, the dollar amount of such contracts or solicitations, the total number of such contracts or solicitations, and any other information on the activities of the Secretary and any financial institutions receiving financial assistance under this title to increase the participation of women, minorities ,and women- and minority-owned businesses including recommendations related to increasing such participation.''. Passed the House of Representatives September 15, 2009. Attest: LORRAINE C. MILLER, Clerk.

SIG TARP Small Business Awareness Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to direct the Special Inspector General (SIG) for the Troubled Asset Relief Program (TARP) to examine how smaller financial institutions are being affected by: (1) expenditures under TARP (especially the adequacy of financial assistance); (2) the considerations and determinations of the Secretary of the Treasury (Secretary) and the regulators of such smaller financial institutions regarding capital adequacy and troubled assets; and (3) the effects that TARP financial assistance has had upon small businesses, including by type and by region. Instructs the SIG to include, in quarterly reports to Congress, information on actions by the Secretary and any financial institutions receiving TARP assistance to include and utilize minorities and women, and minority- and women-owned businesses, in any solicitation or contract. Requires such reports to include information on: (1) the levels of inclusion and utilization of women, minorities, and women- and minority-owned businesses; (2) the type of such contracts or solicitations, their dollar amounts, and the total number of them; and (5) any other activities to increase the participation of women, minorities, and women- and minority-owned businesses, including recommendations.

To amend the Emergency Economic Stabilization Act of 2008 to require the Special Inspector General for the Troubled Asset Relief Program to include the effect of the Troubled Asset Relief Program on small businesses in the oversight, audits, and reports provided by the Special Inspector General, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Carbon Conservation Act''. SEC. 2. CARBON SEQUESTRATION PROGRAM. (a) Carbon Sequestration Program.--Within 180 days after the date of the enactment of this Act, the implementing panel shall establish a carbon sequestration program to permit project sponsors to make carbon sequestration project proposals to the implementing panel. (b) Implementing Panel.--There is established within the National Institute of Standards and Technology of the Department of Commerce an implementing panel consisting of-- (1) the Director of the National Institute of Standards and Technology, (2) the Secretary of Agriculture, (3) the Secretary of State, (4) the Secretary of Energy, (5) the Chief of the Forest Service, and (6) representatives of nongovernmental organizations who have an expertise and experience in carbon sequestration practices, appointed by the Secretary of Agriculture. The Chief of the Forest Service shall act as chairperson of the implementing panel. (c) Carbon Sequestration Project.--For purposes of this section-- (1) In general.--The term ``carbon sequestration project'' means a project-- (A) which is located outside the United States, (B) the duration of which is not less than 30 years, (C) which is designed to increase the sequestration of carbon, and (D) which is accepted by the implementing panel under the carbon sequestration program. (2) Acceptance of project proposals.-- (A) In general.--Under the carbon sequestration program, the implementing panel shall accept a proposal for a carbon sequestration project from a project sponsor only if-- (i) the proposal includes a needs assessment described in subparagraph (B), (ii) the proposal identifies the benefits of carbon sequestration practices of the sponsored project under criteria developed to evaluate such benefits under subsection (d) and under guidelines instituted to quantify such benefits under subsection (e) and includes an agreement by the sponsor to carry out such practices as described in subparagraph (C), and (iii) the proposal includes an agreement to provide verification of compliance with an approved project as described in subparagraph (D) under standards established under subsection (f). (B) Needs assessment.--A needs assessment described in this subparagraph is an assessment of the need for the carbon sequestration project described in a proposal and the ability of the project sponsor to carry out the carbon sequestration practices related to such project. The assessment shall be developed by the project sponsor, in cooperation with the Agency for International Development, nongovernmental organizations, and independent third-party verifiers. (C) Carbon sequestration practices.--Under a carbon sequestration project proposal, the project sponsor shall agree to contract with other entities, including organizations based in the country in which the sponsored carbon sequestration project is located, to carry out carbon sequestration practices proposed by the project sponsor which (as determined by the implementing panel)-- (i) provide for additional carbon sequestration beyond that which would be provided in the absence of such project, and (ii) contribute to a positive reduction of greenhouse gases in the atmosphere through carbon sequestration over at least a 30-year period. (D) Verification of compliance with approved carbon sequestration project.--Under a carbon sequestration project proposal, the project sponsor shall agree to provide the implementing panel with verification through a third party that such project is sequestering carbon in accordance with the proposal approved by the implementing panel, including an annual audit of the project, an actual verification of the practices at the project site every 5 years, and such random inspections as are necessary. (d) Criteria for Evaluating Benefits of Carbon Sequestration Practices.-- (1) In general.--Under the carbon sequestration program the Chief of the Forest Service, in consultation with other members of the implementing panel, shall develop criteria for prioritizing, determining the acceptability of, and evaluating, the benefits of the carbon sequestration practices proposed in projects for the purpose of determining the acceptability of project proposals. (2) Content.--The criteria shall ensure that carbon sequestration investment credits under section 45E of the Internal Revenue Code of 1986 are not allocated to projects the primary purpose of which is to grow timber for commercial harvest or to projects which replace native ecological systems with commercial timber plantations. Projects should be prioritized according to-- (A) native forest preservation, especially with respect to land which would otherwise cease to be native forest land, (B) reforestation of former forest land where such land has not been forested for at least 10 years, (C) biodiversity enhancement, (D) the prevention of greenhouse gas emissions through the preservation of carbon storing plants and trees, (E) soil erosion management, (F) soil fertility restoration, and (G) the duration of the project, including any project under which other entities are engaged to extend the duration of the project beyond the minimum carbon sequestration project term. (e) Guidelines for Quantifying Benefits.-- (1) In general.--Under the carbon sequestration program, the Chief of the Forest Service, in consultation with other members of the implementing panel, shall institute guidelines for the development of methodologies for quantifying the amount of carbon sequestered by particular projects for the purposes of determining the acceptability of project proposals. These guidelines should set standards for project sponsors with regard to-- (A) methodologies for measuring the carbon sequestered, (B) measures to assure the duration of projects sponsored, (C) criteria that verifies that the carbon sequestered is additional to the sequestration which would have occurred without the sponsored project, (D) reasonable criteria to evaluate the extent to which the project displaces activity that causes deforestation in another location, and (E) the extent to which the project promotes sustainable development in a project area, particularly with regard to protecting the traditional land tenure of indigenous people. (2) Basis.--In developing the guidelines, the Chief of the Forest Service shall-- (A) consult with land grant universities and entities which specialize in carbon storage verification and measurement, and (B) use information reported to the Secretary of Energy from projects carried out under the voluntary reporting program of the Energy Information Administration under section 1605 of the Energy Policy Act of 1992 (42 U.S.C. 13385). (f) Verification Standards.--Under the carbon sequestration program, the Director of the National Institute of Standards and Technology, in consultation with other members of the implementing panel and the National Science Foundation, shall establish verification standards for purposes of subsection (c)(2)(D). (g) Program Reporting.--The Administrator of the Energy Information Administration, in consultation with the Secretary of Agriculture, shall develop forms to monitor carbon sequestration improvements made as a result of the program established under this section and the implementing panel shall use such forms to report to the Administrator on-- (1) carbon sequestration improvements made as a result of the program, (2) carbon sequestration practices of project sponsors enrolled in the program, and (3) compliance with the terms of the implementing panel's approval of projects. (h) Authorization of Appropriations.--There is authorized to be appropriated such sums as are necessary to carry out the program established under subsection (a). SEC. 3. EXPORT-IMPORT BANK FINANCING. An owner or operator of property that is located outside of the United States and that is used in a carbon sequestration project approved by the implementing panel under section 2 may enter into a contract for an extension of credit from the Export-Import Bank of the United States of up to 75 percent of the cost of carrying out the carbon sequestration practices specified in the carbon sequestration project proposal to the extent that the Export-Import Bank determines that the cost sharing is appropriate, in the public interest, and otherwise meets the requirements of the Export-Import Bank Act of 1945. SEC. 4. EQUITY INVESTMENT INSURANCE. An owner or operator of property that is located outside of the United States and that is used in a carbon sequestration project approved by the implementing panel under section 2 may enter into a contract for investment insurance issued by the Overseas Private Investment Corporation pursuant to section 234 of the Foreign Assistance Act of 1961 (22 U.S.C. 2194) if the Corporation determines that issuance of the insurance is consistent with the provisions of such section 234.

International Carbon Conservation Act - Establishes within the Department of Commerce's National Institute of Standards and Technology an implementing panel, to be headed by the Chief of the Forest Service, which shall: (1) establish a carbon sequestration program; and (2) accept qualifying projects located outside of the United States.Permits an owner or operator of property located outside the United States that is used in a qualifying project to be eligible for: (1) credit extension from the Export-Import Bank of the United States of up to 75 percent of the cost of carrying out the carbon sequestration practices specified in the contract; and (2) investment insurance issued by the Overseas Private Investment Corporation.

A bill to establish a carbon sequestration program and an implementing panel within the Department of Commerce to enhance international conservation, to promote the role of carbon sequestration as a means of slowing the buildup of greenhouse gases in the atmosphere, and to reward and encourage voluntary, pro-active environmental efforts on the issue of global climate change.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending Maternal Mortality Act of 2018''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Four million American women give birth each year, and an estimated 700 will die annually during pregnancy, childbirth, or the postpartum period. (2) The United States ranks 47th for maternal mortality rate globally, and is one of only eight countries in which the maternal mortality rate is rising. It is estimated that, between 2000 and 2014, the United States maternal mortality rate grew by 26.6 percent. (3) Common causes of maternal mortality include obstetric hemorrhage, hypertension and preeclampsia, sepsis, and substance use disorder and overdose. (4) More than half of maternal deaths are likely preventable. (5) Additionally, 65,000 American women experience severe maternal morbidity (SMM) annually, meaning the physical and psychological conditions that result from, or are aggravated by, pregnancy have an adverse effect on the health of a woman. (6) Racial and ethnic disparities persist across the Nation, and Black women are three to four times more likely to die from complications of pregnancy or childbirth than White women. SEC. 3. PLAN FOR REDUCING MATERNAL MORTALITY. The Public Health Service Act is amended by inserting after section 229 of such Act (42 U.S.C. 237a) the following new section: ``SEC. 229A. PLAN FOR REDUCING MATERNAL MORTALITY. ``(a) In General.--Not later than 1 year after the date of enactment of the Ending Maternal Mortality Act of 2018, and biennially thereafter, the Secretary shall develop and submit to the Congress a national plan to reduce the rate of preventable maternal mortality, with the goals of-- ``(1) cutting the rate in half over the 10 years following such date of enactment; and ``(2) eliminating preventable maternal deaths by the date that is 20 years after such date of enactment. ``(b) Objectives; Strategy.--In each biennial plan under subsection (a), the Secretary shall include-- ``(1) a list of objectives for meeting the goals described in subsection (a); and ``(2) a strategy for implementing the plan across the agencies and offices of the Department of Health and Human Services. ``(c) Specific Issues.--In each biennial plan under subsection (a), the Secretary shall address the following: ``(1) Increasing public understanding of maternal mortality and severe maternal morbidity, including risk factors, warning signs, and prevention of common causes like hemorrhage, preeclampsia, and substance use disorders and other mental health conditions. ``(2) Improving understanding of the root causes of maternal mortality and severe maternal morbidity, including both medical and socioeconomic factors. ``(3) Improving data collection, including State-level reporting. ``(4) Identifying at-risk populations and eliminating disparities that persist based on a mother's race, ethnicity, socioeconomic status, and geographic location. ``(5) Supporting and expanding maternal mortality review committees that bring together public and private relevant stakeholders to review cases of pregnancy-related and pregnancy-associated complications and deaths to make recommendations to improve the quality of care and outcomes. ``(6) Assessing hospital culture of safety in maternity care and how best to provide resources to improve outcomes. ``(7) Improving health and treatment services for expectant mothers struggling with substance use and mental health disorders. ``(8) Studying and supporting local and targeted responses to maternal death. ``(9) Identifying Federal programs and activities to reduce maternal mortality and making recommendations for improving the effectiveness and coordination of such programs and activities. ``(d) Public Posting.--The Secretary shall make each plan submitted to the Congress under this section publicly accessible on the website of the Department of Health and Human Services. ``(e) Consultation.--In developing each biennial plan under this section, the Secretary shall solicit input from organizations representing patients, health care providers, hospitals, other treatment facilities, public health departments and practitioners, and other entities, as appropriate. ``(f) Definitions.--In this section: ``(1) The term `maternal mortality' refers to maternal deaths that occur during, or within the 12 months following, pregnancy. ``(2) The term `maternal morbidity' refers to pregnancy- related and pregnancy-associated complications that do not result in maternal death. ``(3) The term `severe maternal morbidity' includes unexpected outcomes of labor and delivery that result in significant short- or long-term consequences to a woman's health.''.

Ending Maternal Mortality Act of 2018 This bill amends the Public Health Service Act to require the Department of Health and Human Services to publish every two years a national plan to reduce the rate of preventable maternal mortality (maternal deaths that occur during or within 12 months of pregnancy). Each plan must address specific issues relating to maternal mortality and severe maternal morbidity (unexpected outcomes of labor and delivery that result in significant short- or long-term consequences to a woman's health), such as issues surrounding public awareness, at-risk populations and disparities, and quality of care.

Ending Maternal Mortality Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Andrew Carnegie Public Libraries Act''. SEC. 2. PUBLIC LIBRARY CONSTRUCTION AND MODERNIZATION. (a) In General.--The Library Services and Technology Act (20 U.S.C. 9121 et seq.) is amended-- (1) by redesignating chapter 3 as chapter 4; and (2) by inserting after chapter 2 the following: ``CHAPTER 3--PUBLIC LIBRARY CONSTRUCTION AND MODERNIZATION ``SEC. 241. GRANTS FOR PUBLIC LIBRARY CONSTRUCTION AND MODERNIZATION. ``(a) In General.--From amounts appropriated under section 244, the Director may make grants for the construction or modernization of public libraries to persons or entities submitting applications under section 243. ``(b) Applicability.--The provisions of this subtitle (other than this chapter) shall not apply to this chapter. ``(c) Definitions.--In this chapter: ``(1) Construction.-- ``(A) In general.--The term `construction' means-- ``(i) construction of new buildings; ``(ii) the acquisition, expansion, remodeling, and alteration of existing buildings; ``(iii) the purchase, lease, and installation of equipment for any new or existing buildings; or ``(iv) any combination of the activities described in clauses (i) through (iii), including architect' fees and the cost of acquisition of land. ``(B) Special rule.--Such term includes remodeling to meet standards under the Act entitled `An Act to insure that certain buildings financed with Federal funds are so designed and constructed as to be accessible to the physically handicapped', approved August 12, 1968 (42 U.S.C. 4151 et seq.), commonly known as the `Architectural Barriers Act of 1968', remodeling designed to ensure safe working environments and to conserve energy, renovation or remodeling to accommodate new technologies, and the purchase of historic buildings for conversion to public libraries. ``(2) Equipment.--The term `equipment' means-- ``(A) information and building technologies, video and telecommunications equipment, machinery, utilities, built-in equipment, and any necessary enclosures or structures to house the technologies, equipment, machinery or utilities; and ``(B) all other items necessary for the functioning of a particular facility as a facility for the provision of library services. ``(3) Modernization.-- ``(A) In general.--The term `modernization' means the purchase, rental, or lease of technological items, devices, or products (including upgrades)-- ``(i) to improve access to library services or materials in a public library; or ``(ii) to maintain or improve the functional capabilities of individuals with disabilities in a public library. ``(B) Limitation.--Such term does not include-- ``(i) the purchase of books, periodicals, audio or video recordings, or other similar library materials used by patrons; or ``(ii) costs for telecommunications or computer wiring undertaken in order to permit or improve the use of technological items, devices, or products. ``(4) Public library.--The term `public library' means a library that serves free of charge all residents of a community, district, or region, and receives its financial support in whole or in part from public funds. Such term also includes a research library, which, for the purposes of this sentence, means a library, which-- ``(A) makes its services available to the public free of charge; ``(B) has extensive collections of books, manuscripts, and other materials suitable for scholarly research which are not available to the public through public libraries; ``(C) engages in the dissemination of humanistic knowledge through services to readers, fellowships, educational and cultural programs, publication of significant research, and other activities; and ``(D) is not an integral part of an institution of higher education. ``SEC. 242. USES OF FEDERAL FUNDS. ``(a) In General.--A recipient of a grant under this chapter shall use funds appropriated under section 244 to pay the Federal share of the cost of construction or modernization of public libraries. ``(b) Maximum Amount.--The maximum amount of a grant under this chapter is $5,000,000. ``(c) Federal Share.-- ``(1) In general.--For the purposes of subsection (a), the Federal share of the cost of construction or modernization of any project assisted under this chapter shall not exceed one- half of the total cost of the project. ``(2) Non-federal share.--The non-Federal share of the cost of construction or modernization of any project assisted under this chapter may be provided from State, local or private sources, including for-profit and nonprofit organizations. ``(d) Special Rule.--If, within 20 years after completion of construction of any public library facility that has been constructed in part with grant funds made available under this chapter-- ``(1) the recipient of the grant funds (or its successor in title or possession) ceases or fails to be a public or nonprofit institution, or ``(2) the facility ceases to be used as a library facility, unless the Director determines that there is good cause for releasing the institution from its obligation, the United States shall be entitled to recover from such recipient (or successor) an amount which bears the same ratio to the value of the facility at that time (or part thereof constituting an approved project or projects) as the amount of the Federal grant bore to the cost of such facility (or part thereof). The value shall be determined by the parties or by action brought in the United States district court for the district in which the facility is located. ``SEC. 243. APPLICATION. ``Any person or entity desiring to receive a grant under this chapter for any fiscal year shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require, including a description of the public library construction or modernization activities be assisted under this chapter. ``SEC. 244. LABOR STANDARDS. ``All laborers and mechanics employed by contractors or subcontractors in any construction, alteration, or repair, including painting and decorating, of projects, buildings, and works which are assisted under this chapter, shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (40 U.S.C. 276--276a-5), popularly known as the Davis-Bacon Act. The Secretary of Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of June 1, 1934, as amended (48 Stat. 948, as amended; 40 U.S.C. 276(c)). ``SEC. 245. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to carry out this chapter $200,000,000 for fiscal year 2006 and each of the 4 succeeding fiscal years, to remain available until expended. ``(b) Administration.--Not more than 3 percent of the funds appropriated under subsection (a) for a fiscal year may be used to pay for the Federal administrative costs of carrying out this chapter.''. (b) Conforming Amendment.--Section 210A of the Museum and Library Services Act (20 U.S.C. 9109) is amended by striking ``No funds'' and inserting ``Except as provided in chapter 3 of the Library Services and Technology Act, no funds''.

Andrew Carnegie Public Libraries Act - Amends the Library Services and Technology Act to authorize the Director of the Institute of Museum and Library Services to make grants for the construction or modernization of public libraries. Sets forth application requirements for persons or entities desiring to receive such grants. Allows the non-federal share of project costs to be provided from state, local, or private sources, including for-profit and nonprofit organizations. Provides for recovery of funds if a grant recipient or successor ceases or fails to be a public or nonprofit institution, or if the facility ceases to be used as a library.

To provide for public library construction and modernization.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Crop Risk Options Plan Act of 2013''. SEC. 2. SUPPLEMENTAL COVERAGE OPTION. (a) Availability of Supplemental Coverage Option.--Paragraph (3) of section 508(c) of the Federal Crop Insurance Act (7 U.S.C. 1508(c)) is amended to read as follows: ``(3) Yield and loss basis options.--A producer shall have the option of purchasing additional coverage based on-- ``(A)(i) an individual yield and loss basis; or ``(ii) an area yield and loss basis; ``(B) an individual yield and loss basis, supplemented with coverage based on an area yield and loss basis to cover a part of the deductible under the individual yield and loss policy, as described in paragraph (4)(C); or ``(C) a margin basis alone or in combination with the coverages available in subparagraph (A) or (B).''. (b) Level of Coverage.--Paragraph (4) of section 508(c) of the Federal Crop Insurance Act (7 U.S.C. 1508(c)) is amended to read as follows: ``(4) Level of coverage.-- ``(A) Dollar denomination and percentage of yield.--Except as provided in subparagraph (C), the level of coverage-- ``(i) shall be dollar denominated; and ``(ii) may be purchased at any level not to exceed 85 percent of the individual yield or 95 percent of the area yield (as determined by the Corporation). ``(B) Information.--The Corporation shall provide producers with information on catastrophic risk and additional coverage in terms of dollar coverage (within the allowable limits of coverage provided in this paragraph). ``(C) Supplemental coverage option.-- ``(i) In general.--Notwithstanding subparagraph (A), in the case of the supplemental coverage option described in paragraph (3)(B), the Corporation shall offer producers the opportunity to purchase coverage in combination with a policy or plan of insurance offered under this subtitle that would allow indemnities to be paid to a producer equal to a part of the deductible under the policy or plan of insurance-- ``(I) at a county-wide level to the fullest extent practicable; or ``(II) in counties that lack sufficient data, on the basis of such larger geographical area as the Corporation determines to provide sufficient data for purposes of providing the coverage. ``(ii) Trigger.--Coverage offered under paragraph (3)(B) and clause (i) shall be triggered only if the losses in the area exceed 10 percent of normal levels (as determined by the Corporation). ``(iii) Coverage.--Subject to the trigger described in clause (ii), coverage offered under paragraph (3)(B) and clause (i) shall not exceed the difference between-- ``(I) 90 percent; and ``(II) the coverage level selected by the producer for the underlying policy or plan of insurance. ``(iv) Calculation of premium.-- Notwithstanding subsection (d), the premium for coverage offered under paragraph (3)(B) and clause (i) shall-- ``(I) be sufficient to cover anticipated losses and a reasonable reserve; and ``(II) include an amount for operating and administrative expenses established in accordance with subsection (k)(4)(F).''. (c) Payment of Portion of Premium by Corporation.--Section 508(e)(2) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(2)) is amended by adding at the end the following new subparagraph: ``(H) In the case of the supplemental coverage option authorized in subsection (c)(4)(C), the amount shall be equal to the sum of-- ``(i) 60 percent of the additional premium associated with the coverage; and ``(ii) the amount determined under subsection (c)(4)(C)(vi)(II), subject to subsection (k)(4)(F), for the coverage to cover operating and administrative expenses.''. (d) Effective Date.--The Federal Crop Insurance Corporation shall begin to provide additional coverage based on an individual yield and loss basis, supplemented with coverage based on an area yield and loss basis, not later than for the 2014 crop year. SEC. 3. DATA SOURCES FOR DETERMINATION OF ACTUAL PRODUCTION HISTORY. Section 508(g)(2) of the Federal Crop Insurance Act (7 U.S.C. 1508(g)(2)) is amended by adding at the end the following new subparagraph: ``(E) Sources of yield data.--To determine yields under this paragraph, the Corporation shall use data collected by the Risk Management Agency or the National Agricultural Statistics Service, or both.''.

Crop Risk Options Plan Act of 2013 - Amends the Federal Crop Insurance Act to make available to crop producers additional coverage to cover part of a crop insurance policy deductible based upon: (1) an individual or area yield and loss basis, (2) an individual yield and loss basis supplemented with coverage based on an area yield and loss basis (supplemental coverage option), or (3) a margin basis alone or in combination with the coverages available in (1) or (2). Triggers the supplemental coverage option only if area losses exceed 10% of normal levels. Provides for: (1) 60% premium coverage plus operating and administrative costs paid by the Federal Crop Insurance Corporation (FCIC), and (2) coverage to begin no later than crop year 2014. Provides that in the case of the supplemental coverage option, FCIC shall offer producers the opportunity to purchase coverage that pays indemnities on a county-wide level or on a larger geographical area level in counties that lack sufficient data. Directs FCIC, in developing yield guarantees, to use county data collected by the Risk Management Agency and/or the National Agricultural Statistics Service.

Crop Risk Options Plan Act of 2013

SECTION 1. FINDINGS; PURPOSE. (a) Findings.--Congress makes the following findings: (1) Billing practices by telecommunications carriers may not reflect accurately the cost or basis of the additional telecommunications services and benefits that consumers receive as a result of the enactment of the Telecommunications Act of 1996 (Public Law 104-104) and other Federal regulatory actions taken since the enactment of that Act. (2) Congress has never enacted a law with the intent of permitting providers of telecommunications services to misrepresent to customers the costs of providing services or the services provided. (3) Certain providers of telecommunications services have established new, specific charges on customer bills commonly known as ``line-item charges''. (4) Certain providers of telecommunications services have described such charges as ``Federal Universal Service Fees'' or similar fees. (5) Such charges have generated significant confusion among customers regarding the nature of and scope of universal service and of the fees associated with universal service. (6) The State of New York is considering action to protect consumers by requiring telecommunications carriers to disclose fully in the bills of all classes of customers the fee increases and fee reductions resulting from the enactment of the Telecommunications Act of 1996 and other regulatory actions taken since the enactment of that Act. (7) The National Association of Regulatory Utility Commissioners adopted a resolution in February 1998 supporting action by the Federal Communications Commission to require interstate carriers to provide accurate customer notice regarding the implementation and purpose of end user charges. (b) Purpose.--It is the purpose of this Act to require the Federal Communications Commission and the Federal Trade Commission to protect consumers of telecommunications services by assuring accurate cost reporting and billing practices by telecommunications carriers nationwide. SEC. 2. INVESTIGATION OF TELECOMMUNICATIONS CARRIERS BILLING PRACTICES. (a) Investigation.-- (1) Requirement.--The Federal Communications Commission and the Federal Trade Commission shall jointly conduct an investigation of the billing practices of telecommunications carriers. (2) Purpose.--The purpose of the investigation is to determine whether the bills sent by carriers to their customers accurately assess and correctly characterize any additional fees paid by such customers for telecommunications services as a result of the enactment of the Telecommunications Act of 1996 (Public Law 104-104) and other Federal regulatory actions taken since the enactment of that Act. (b) Determinations.--In carrying out the investigation under subsection (a), the Federal Communications Commission and the Federal Trade Commission shall determine the following: (1) The amount, if any, of additional fees imposed by telecommunications carriers on their customers as a result of the requirements of the Telecommunications Act of 1996 (including the amendments made by that Act) and other Federal regulatory actions taken since the enactment of that Act during the period beginning on June 30, 1997, and ending on the date of enactment of that Act. (2) In the event that additional fees described in paragraph (1) are being imposed, the following: (A) Whether the amount of such fees accurately reflect-- (i) the additional costs to carriers as a result of the enactment of that Act (including the amendments made by that Act) and other Federal regulatory actions taken since the enactment of that Act; and (ii) any reductions in costs, or other financial benefits, to carriers as a result of the enactment of that Act (including such amendments) and other Federal regulatory actions taken since the enactment of that Act. (B) Whether the bills that impose such fees characterize correctly the nature and basis of such fees. (c) Review of Records.-- (1) Authority.--For purposes of the investigation under subsection (a), the Federal Communications Commission and the Federal Trade Commission may obtain from any telecommunications carrier any record of the carrier that is relevant to the investigation. (2) Use.--The Federal Communications Commission and the Federal Trade Commission may use records obtained under this subsection only for purposes of the investigation. (d) Disciplinary Actions.-- (1) In general.--In the event that the Federal Communications Commission or the Federal Trade Commission determine as a result of the investigation under subsection (a) that the bills sent by a telecommunications carrier to its customers does not accurately assess or correctly characterize any fee addressed in the investigation, the Federal Communications Commission or the Federal Trade Commission, as the case may be, shall take such actions against the carrier as such Commission is authorized to take under law. (2) Additional actions.--If the Federal Communications Commission or the Federal Trade Commission determines that such Commission does not have adequate authority under law to take appropriate actions under paragraph (1), the Federal Communications Commission and the Federal Trade Commission shall notify Congress of that determination in the report under subsection (e). (e) Report.--Not later than 45 days after the date of enactment of this Act, the Federal Communications Commission and the Federal Trade Commission shall jointly submit to Congress a report on the results of the investigation under subsection (a). The report shall include the determination, if any, of either Commission under subsection (d)(2) and any recommendations for further legislative action that the Commissions consider appropriate. SEC. 3. REQUIREMENTS FOR TELECOMMUNICATIONS CARRIERS IMPOSING CERTAIN FEES FOR SERVICES. (a) Requirements.--Any telecommunications carrier that includes on any of the bills sent to its customers a charge described in subsection (b) shall-- (1) specify in the bill imposing such charge any reduction in charges or fees allocable to all classes of customers (including customers of residential basic service, customers of other residential services, small business customers, and other business customers) by reason of any regulatory action of the Federal Government; and (2) submit to the Federal Communications Commission the reports required to be submitted by the carrier to the Securities and Exchange Commission under sections 13(a) and 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)). (b) Covered Charges.--Subsection (a) applies in the case of the following charges: (1) Any specific charge included after June 30, 1997, if the imposition of the charge is attributed to a regulatory action of the Federal Government. (2) Any specific charge included before that date if the description of the charge is changed after that date to attribute the imposition of the charge to a regulatory action of the Federal Government.

Directs the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) to jointly conduct an investigation of the billing practices of telecommunications carriers (carriers) to determine whether bills sent to customers accurately assess and characterize any additional fees paid by customers for telecommunications services as a result of the enactment of the Telecommunications Act of 1996. Requires access to carrier records relevant to such investigation. Directs either the FCC or FTC to take appropriate disciplinary actions against carriers whose customer bills inaccurately assess and characterize such fees. Requires a joint report to the Congress on investigation results. Requires carriers that include on customer bills a charge or charges attributed to Federal regulatory actions to: (1) specify in such bill any reduction in charges or fees allocable to all classes of customers by reason of such regulatory actions; and (2) submit to the FCC certain disclosure reports required to be submitted by such carriers to the Securities and Exchange Commission under the Securities Exchange Act of 1934.

A bill to require accurate billing by telecommunications carriers with respect to the costs and fees resulting from the enactment of the Telecommunications Act of 1996, and for other purposes.

SECTION 1. SHORT TITLES. This Act may be cited as the ``Stop Illegal Reentry Act'' or as ``Kate's Law''. SEC. 2. INCREASED PENALTIES FOR REENTRY OF REMOVED ALIEN. Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (2) by striking subsections (a) and (b) and inserting the following: ``(a) In General.--Subject to subsections (b) and (c), any alien who-- ``(1) has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding; and ``(2) thereafter enters, attempts to enter, or is at any time found in, the United States, unless-- ``(A) prior to the alien's reembarkation at a place outside the United States or the alien's application for admission from foreign contiguous territory, the Secretary of Homeland Security has expressly consented to such alien's reapplying for admission; or ``(B) with respect to an alien previously denied admission and removed, such alien shall establish that the alien was not required to obtain such advance consent under this Act or any prior Act; shall be fined under title 18, United States Code, or imprisoned not more than five years, or both. ``(b) Criminal Penalties for Reentry of Certain Removed Aliens.-- ``(1) In general.--Notwithstanding the penalty provided in subsection (a), and except as provided in subsection (c), an alien described in subsection (a)-- ``(A) who was convicted before such removal or departure of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both; ``(B) who has been excluded from the United States pursuant to section 235(c) because the alien was excludable under section 212(a)(3)(B) or who has been removed from the United States pursuant to the provisions of title V, and who thereafter, without the permission of the Secretary of Homeland Security, enters the United States, or attempts to do so, shall be fined under title 18, United States Code, and imprisoned for a period of 10 years, which sentence shall not run concurrently with any other sentence; ``(C) who was removed from the United States pursuant to section 241(a)(4)(B) who thereafter, without the permission of the Secretary of Homeland Security, enters, attempts to enter, or is at any time found in, the United States (unless the Secretary of Homeland Security has expressly consented to such alien's reentry) shall be fined under title 18, United States Code, imprisoned for not more than 10 years, or both; and ``(D) who has been denied admission, excluded, deported, or removed 3 or more times and thereafter enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both. ``(2) Removal defined.--In this subsection and subsection (c), the term `removal' includes any agreement in which an alien stipulates to removal during (or not during) a criminal trial under either Federal or State law. ``(c) Mandatory Minimum Criminal Penalty for Reentry of Certain Removed Aliens.--Notwithstanding the penalties provided in subsections (a) and (b), an alien described in subsection (a)-- ``(1) who was convicted before such removal or departure of an aggravated felony; or ``(2) who was convicted at least two times before such removal or departure of illegal reentry under this section; shall be imprisoned not less than five years and not more than 20 years, and may, in addition, be fined under title 18, United States Code.''; and (3) in subsection (d), as redesignated by paragraph (1)-- (A) by striking ``section 242(h)(2)'' and inserting ``section 241(a)(4)''; and (B) by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''.

Stop Illegal Reentry Act or Kate's Law This bill amends the Immigration and Nationality Act to increase from two years to five years the maximum prison term for an alien who reenters after being denied admission, excluded, deported, or removed. It establishes: a 10-year maximum prison term for an alien who reenters after being denied admission, excluded, deported, or removed on 3 or more prior occasions; and a 5-year mandatory minimum prison term for an alien who reenters after being removed following a conviction for an aggravated felony or following 2 or more prior convictions for illegal reentry.

Kate's Law

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employees Health Benefits Provider Integrity Amendments of 1997''. SEC. 2. DEBARMENT AND OTHER SANCTIONS. (a) Amendments.--Section 8902a of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``and'' at the end of subparagraph (B); (ii) by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(D) the term `should know' means that a person, with respect to information, acts in deliberate ignorance of, or in reckless disregard of, the truth or falsity of the information, and no proof of specific intent to defraud is required.''; and (B) in paragraph (2)(A), by striking ``subsection (b) or (c)'' and inserting ``subsection (b), (c), or (d)''; (2) in subsection (b)-- (A) by striking ``The Office of Personnel Management may bar'' and inserting ``The Office of Personnel Management shall bar''; and (B) by amending paragraph (5) to read as follows: ``(5) Any provider that is currently suspended or excluded from participation under any program of the Federal Government involving procurement or nonprocurement activities.''; (3) by redesignating subsections (c) through (i) as subsections (d) through (j), respectively, and by inserting after subsection (b) the following: ``(c) The Office may bar the following providers of health care services from participating in the program under this chapter: ``(1) Any provider-- ``(A) whose license to provide health care services or supplies has been revoked, suspended, restricted, or not renewed, by a State licensing authority for reasons relating to the provider's professional competence, professional performance, or financial integrity; or ``(B) that surrendered such a license while a formal disciplinary proceeding was pending before such an authority, if the proceeding concerned the provider's professional competence, professional performance, or financial integrity. ``(2) Any provider that is an entity directly or indirectly owned, or with a 5 percent or more controlling interest, by an individual who is convicted of any offense described in subsection (b), against whom a civil monetary penalty has been assessed under subsection (d), or who has been debarred from participation under this chapter. ``(3) Any individual who directly or indirectly owns or has a controlling interest in an entity and who knows or should know of the action constituting the basis for the entity's conviction of any offense described in subsection (b), assessment with a civil monetary penalty under subsection (d), or debarment from participation under this chapter. ``(4) Any provider that the Office determines, in connection with claims presented under this chapter, has charged for health care services or supplies in an amount substantially in excess of such provider's customary charge for such services or supplies (unless the Office finds there is good cause for such charge), or charged for health care services or supplies which are substantially in excess of the needs of the covered individual or which are of a quality that fails to meet professionally recognized standards for such services or supplies. ``(5) Any provider that the Office determines has committed acts described in subsection (d).''; (4) in subsection (d) (as so redesignated by paragraph (3)) by amending paragraph (1) to read as follows: ``(1) in connection with claims presented under this chapter, that a provider has charged for a health care service or supply which the provider knows or should have known involves-- ``(A) an item or service not provided as claimed, ``(B) charges in violation of applicable charge limitations under section 8904(b), or ``(C) an item or service furnished during a period in which the provider was debarred from participation under this chapter pursuant to a determination by the Office under this section, other than as permitted under subsection (g)(2)(B);''; (5) in subsection (f) (as so redesignated by paragraph (3)) by inserting after ``under this section'' the first place it appears the following: ``(where such debarment is not mandatory)''; (6) in subsection (g) (as so redesignated by paragraph (3))-- (A) by striking ``(g)(1)'' and all that follows through the end of paragraph (1) and inserting the following: ``(g)(1)(A) Except as provided in subparagraph (B), debarment of a provider under subsection (b) or (c) shall be effective at such time and upon such reasonable notice to such provider, and to carriers and covered individuals, as shall be specified in regulations prescribed by the Office. Any such provider that is debarred from participation may request a hearing in accordance with subsection (h)(1). ``(B) Unless the Office determines that the health or safety of individuals receiving health care services warrants an earlier effective date, the Office shall not make a determination adverse to a provider under subsection (c)(5) or (d) until such provider has been given reasonable notice and an opportunity for the determination to be made after a hearing as provided in accordance with subsection (h)(1).''; (B) in paragraph (3)-- (i) by inserting ``of debarment'' after ``notice''; and (ii) by adding at the end the following: ``In the case of a debarment under paragraph (1), (2), (3), or (4) of subsection (b), the minimum period of debarment shall not be less than 3 years, except as provided in paragraph (4)(B)(ii).''; (C) in paragraph (4)(B)(i)(I) by striking ``subsection (b) or (c)'' and inserting ``subsection (b), (c), or (d)''; and (D) by striking paragraph (6); (7) in subsection (h) (as so redesignated by paragraph (3)) by striking ``(h)(1)'' and all that follows through the end of paragraph (2) and inserting the following: ``(h)(1) Any provider of health care services or supplies that is the subject of an adverse determination by the Office under this section shall be entitled to reasonable notice and an opportunity to request a hearing of record, and to judicial review as provided in this subsection after the Office renders a final decision. The Office shall grant a request for a hearing upon a showing that due process rights have not previously been afforded with respect to any finding of fact which is relied upon as a cause for an adverse determination under this section. Such hearing shall be conducted without regard to subchapter II of chapter 5 and chapter 7 of this title by a hearing officer who shall be designated by the Director of the Office and who shall not otherwise have been involved in the adverse determination being appealed. A request for a hearing under this subsection shall be filed within such period and in accordance with such procedures as the Office shall prescribe by regulation. ``(2) Any provider adversely affected by a final decision under paragraph (1) made after a hearing to which such provider was a party may seek review of such decision in the United States District Court for the District of Columbia or for the district in which the plaintiff resides or has his or her principal place of business by filing a notice of appeal in such court within 60 days after the date the decision is issued, and by simultaneously sending copies of such notice by certified mail to the Director of the Office and to the Attorney General. In answer to the appeal, the Director of the Office shall promptly file in such court a certified copy of the transcript of the record, if the Office conducted a hearing, and other evidence upon which the findings and decision complained of are based. The court shall have power to enter, upon the pleadings and evidence of record, a judgment affirming, modifying, or setting aside, in whole or in part, the decision of the Office, with or without remanding the case for a rehearing. The district court shall not set aside or remand the decision of the Office unless there is not substantial evidence on the record, taken as whole, to support the findings by the Office of a cause for action under this section or unless action taken by the Office constitutes an abuse of discretion.''; and (8) in subsection (i) (as so redesignated by paragraph (3))-- (A) by striking ``subsection (c)'' and inserting ``subsection (d)''; and (B) by adding at the end the following: ``The amount of a penalty or assessment as finally determined by the Office, or other amount the Office may agree to in compromise, may be deducted from any sum then or later owing by the United States to the party against whom the penalty or assessment has been levied.''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Exceptions.--(A) Paragraphs (2), (3), and (5) of section 8902a(c) of title 5, United States Code, as amended by subsection (a)(3), shall apply only to the extent that the misconduct which is the basis for debarment under such paragraph (2), (3), or (5), as applicable, occurs after the date of the enactment of this Act. (B) Paragraph (1)(B) of section 8902a(d) of title 5, United States Code, as amended by subsection (a)(4), shall apply only with respect to charges which violate section 8904(b) of such title for items or services furnished after the date of the enactment of this Act. (C) Paragraph (3) of section 8902a(g) of title 5, United States Code, as amended by subsection (a)(6)(B), shall apply only with respect to debarments based on convictions occurring after the date of the enactment of this Act. SEC. 3. AMENDMENT TO THE SOCIAL SECURITY ACT. Section 1128B(f)(1) of the Social Security Act (42 U.S.C. 1320a- 7b(f)(1)), as amended by section 204(a)(7) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191; 110 Stat. 2000), is amended by striking ``(other than the health insurance program under chapter 89 of title 5, United States Code)''.

Federal Employees Health Benefits Provider Integrity Amendments of 1997 - Amends Federal law, with respect to Federal employees' health insurance coverage under the Federal Employees Health Benefits Program (FEHB), to revise provisions regarding the debarment of any health care provider found to have engaged in fraudulent practices, including requiring (currently permitting) debarment for certain fraudulent practices. (Sec. 3) Amends the Social Security Act, as amended by the Health Insurance Portability and Accountability Act of 1996, to apply certain criminal health antifraud and abuse sanctions to fraud and abuse involving the FEHB Program.

Federal Employees Health Benefits Provider Integrity Amendments of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Deployment and Competition Enhancement Act of 2001''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) In 2001, some broadband service providers are pervasively regulated, and some offering functionally equivalent services are not significantly regulated. (2) Common carrier regulation is being extended inappropriately to new broadband services being deployed by incumbent local exchange carriers, while no regulation is applied to new broadband services being deployed by local cable television companies. (3) There should be deregulatory parity in the provision of broadband services. (4) Broadband services and broadband service providers should be subject to little or no regulation, as there are no monopoly providers of such services and regulation of a nascent service inhibits the development of a competitive market. (5) Facilities used to provide broadband services, such as packet switching, are widely available in the market place and should therefore not be considered a network element, which common carriers must make available to other providers. Access should continue for essential facilities. (6) It is important for the economic development of the United States that all areas of the country receive the benefits of access to high speed Internet and the deployment of broadband services. (7) Common carrier regulation will not induce the deployment of broadband services, but will retard it. (8) Both Federal and State regulatory agencies have followed a regulatory scheme with respect to broadband services, and this pattern must be reversed. (b) Purposes.--The purposes of this Act are as follows: (1) To accelerate the deployment of broadband services to all parts of the United States. (2) To achieve deregulatory parity among providers of broadband services. (3) To reduce regulation of broadband services by the Federal Government and the States. SEC. 3. DEPLOYMENT OF BROADBAND SERVICES. (a) In General.--Part II of title II of the Communications Act of 1934 (47 U.S.C. 251 et seq.) is amended by adding at the end the following new section: ``SEC. 262. DEPLOYMENT OF BROADBAND SERVICES. ``(a) Opt-In.--This section applies to an incumbent local exchange carrier only if the local exchange carrier provides written notice to the Commission of its decision to comply with the provisions of this section. ``(b) Next Generation Broadband Deployment.-- ``(1) In general.--An incumbent local exchange carrier shall not be subject to the requirements of section 251(c) with respect to any optical fiber facility, or any technology of like functionality, in the local exchange carrier's network that is used to provide service to residential customers; and ``(A) that is or was-- ``(i) deployed where no outside telephone distribution plant previously existed; or ``(ii) deployed from any structure or premise to a customer premises; and ``(B) if the facility is capable of providing advanced service. ``(2) Rights of way.--Any provider of facilities referred to in paragraph (1) shall have the duty to coordinate and cooperate with other local exchange carriers to provide access to rights of way consistent with section 251(b)(4). ``(3) Access to existing copper loop.--Nothing in this subsection shall preclude the Commission or a State from requiring that an incumbent local exchange carrier provide an existing copper loop to another local exchange carrier upon request. ``(c) Competition Enhancement.-- ``(1) In general.--Notwithstanding section 2(b), or any other provision of law, an incumbent local exchange carrier shall not be subject to the requirements of-- ``(A) section 251(c), except as provided in paragraph (2) of this subsection, with respect to its packet switching capability, or any successor technology; or ``(B) section 251(c) with respect to the resale of advanced service or high-speed Internet access service. ``(2) Collocation.-- ``(A) In general.--An incumbent local exchange carrier has the duty to provide collocation at its central offices in accordance with the rules of the Commission established in accordance with section 251(c)(6) for equipment to be used in the provision of advanced service. ``(B) Remote terminal.--Neither the Commission nor a State may require collocation for equipment for the provision of advanced service inside a remote terminal where no space for collocation of such equipment is available. Collocation of advanced service equipment in the remote terminal shall not include collocation inside or within any equipment, components, or facilities located inside the remote terminal. ``(d) Build-Out Requirement.-- ``(1) In general.--Except as provided in paragraph (3), an incumbent local exchange carrier or affiliate shall be capable of providing advanced service to all of its local exchange service customers in a State not later than 5 years after the date of enactment of the Broadband Deployment and Competition Enhancement Act of 2001, thereafter within 30 days of a bona fide request by any such local exchange service customer. ``(2) Means of addressing requirement.--An incumbent local exchange carrier or affiliate may use any technology, service, or combination of services to meet the requirement in paragraph (1). ``(3) Exemption.--An incumbent local exchange carrier or affiliate is exempt from the requirement in paragraph (1) if the provision of advanced service to a customer is not both technically and economically feasible. ``(e) Pricing Flexibility for Retail Advanced Service.-- ``(1) Inapplicability of governmental regulation.--The rates, terms, and conditions of retail advanced service offered by an incumbent local exchange carrier or its affiliates to subscribers are not subject to Federal, State, or local regulation. ``(2) Construction.--Nothing in this subsection shall be construed to affect the obligations of a Bell operating company under section 272(c). ``(f) Enforcement.-- ``(1) Failure to build-out.--If an incumbent local exchange carrier cannot comply with subsection (d)(1) as of the date specified in that subsection, subsections (c) and (e) shall no longer apply to such carrier as of that date. ``(2) Noncompliance with loop provisioning and collocation rules.-- ``(A) In general.--Except as provided in paragraph (3), subsections (c) and (e) shall cease to apply to an incumbent local exchange carrier as of the date on which a State makes a final and nonappealable determination, based on clear and convincing evidence and in response to a complaint filed by another local exchange carrier, that-- ``(i) the incumbent local exchange carrier has willfully and materially failed to comply with the rules of the Commission with respect to collocation or loop provisioning; and ``(ii) such failure has caused material harm to the complaining carrier's ability to compete. ``(B) Burden of proof.--The burden of proof in a complaint under subparagraph (A) shall be on the complainant. ``(3) Reinstatement.-- ``(A) In general.--An incumbent local exchange carrier to which subsections (c) and (e) have ceased to apply because of a determination by a State under paragraph (2) may petition the State for a reinstatement of the application of subsections (c) and (e) to such carrier. ``(B) Determination.--If a State that makes a determination described in paragraph (2) subsequently makes a final determination that the carrier concerned has complied fully with the rule with which the carrier was found, under paragraph (2), not to have complied, the application of subsections (c) and (e) to the carrier shall be reinstated as of the date of that subsequent final determination. ``(C) Failure of state to act within 90 days.--For purposes of subparagraph (B), a State that fails to make a determination on a petition filed under subparagraph (A) within 90 days of the date of the filing of the petition shall be deemed to have made a determination that the carrier concerned is in full compliance with the rules of the Commission with respect to collocation or loop provisioning. ``(g) Definitions.--In this section: ``(1) Incumbent local exchange carrier.--The term `incumbent local exchange carrier' has the meaning given that term in section 251(h). ``(2) Customer premises.--The term `customer premises' means a customer's physical property and any adjacent easements. ``(3) Packet switching capability.--The term `packet switching capability' has the meaning given that term in section 51.319(c)(4) of title 47, Code of Federal Regulation, as that section is in effect as of June 1, 2001. ``(4) Remote terminal.--The term `remote terminal' means a point in a local exchange carrier's network, not including a central office, where the electronic capability to provide advanced service is deployed. ``(5) Advanced service.--The terms `advanced service' and `high-speed Internet access service' mean any service or combination of services that consists of, or includes, the offering of a capability to transmit information using a packet switched or successor technology downstream from a provider to a consumer at a generally rated speed of 364 or kilobits per second or higher.''. SEC. 4. AMENDMENT. Section 251(c)(3) of the Communications Act of 1934 (47 U.S.C. 251(c)(3)) is amended by adding at the end the following: ``An incumbent local exchange carrier shall not be required to convert to a network element or combination of network elements any special access circuit being provided on June 1, 2001.''. SEC. 5. REGULATORY PARITY. (a) Identification of Disparate Regulatory Treatment of Advanced Service.--Not later than 6 months after the date of the enactment of this Act, the Federal Communications Commission shall identify in its regulations any requirements or obligations that result in different or disparate treatment among various types of providers of advanced service and high-speed Internet access service or among different technologies used to provide such service. (b) Termination of Applicability.--Not later than one year after the date of the enactment of this Act, the Commission shall modify its regulations in order to eliminate each difference and disparity in treatment identified under subsection (a) unless the Commission determines that such difference or disparity in treatment should continue to apply in the public interest. (c) Biennial Review.--In every biennial review conducted pursuant to section 11 of the Communications Act of 1934 (47 U.S.C. Sec. 161), the Commission shall-- (1) make a determination as to whether or not a difference or disparity in treatment, if any, that continues to apply under subsection (b), or under this subsection after subsequent review under this subsection, should continue to apply in the public interest; and (2) if the Commission determines that such difference or disparity in treatment should not continue to apply in the public interest, modify its regulations in order to eliminate such difference or disparity in treatment. (d) Advanced Service Defined.--In this section, the terms ``advanced service'' and ``high-speed Internet access service'' have the meanings given those terms in section 262(h)(4) of the Communications Act of 1934, as added by section 2 of this Act.

Broadband Deployment and Competition Enhancement Act of 2001 - Amends the Communications Act of 1934 to prohibit subjecting an incumbent local exchange carrier (carrier) to common carrier regulation with respect to any optical fiber facility, or any technology of a similar facility, in the carrier's network that is used to provide service to residential customers and that is or was deployed where no outside telephone distribution plant previously existed, or from any structure or premise to a customer premise, if the facility is capable of providing advance service. Prohibits subjecting such a carrier to such regulation with respect to packet switching or successor technology or the resale of advanced service or high-speed Internet access service. Requires such carrier to provide: (1) collocation in its central offices with respect to equipment used in the provision of advanced service; and (2) advanced service to all of its customers in a State within five years after the enactment of this Act, making carriers that do not so comply subject to common carrier regulation thereafter.Prohibits requiring such a carrier to convert to a network element or combination of network elements any special access circuit being provided on June 1, 2001.Requires the Federal Communications Commission to identify in its regulations any requirements or obligations that result in different or disparate treatment among various types of providers of advanced service and high-speed Internet access service, or among different technologies used to provide such service.

A bill to facilitate the deployment of broadband telecommunications services, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Statistical Information and Analysis Act of 1993''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Both the public and private sectors in the United States would benefit from the collection, analysis, and dissemination of reliable statistical information about the independent states of the former Soviet Union and the Baltic states. (2) Statistical information about the independent states of the former Soviet Union and the Baltic states can be used in policy development on issues ranging from domestic and foreign trade to international population growth, health, and the environment. United States Government statistical agencies could use data collected in the independent states and the Baltic states to develop statistical comparisons between the United States and the rest of the world. (3) Reliable economic statistical information can also assist United States businesses in identifying trade and investment opportunities in the independent states of the former Soviet Union and the Baltic states. (4) Reliable information is needed about economic performance at both the macro and micro-economic levels as the independent states of the former Soviet Union and the Baltic states make the transition from a centrally planned economy to a free market economy. (5) Reliable economic statistical information is especially important in evaluating the effectiveness of assistance provided to the independent states of the former Soviet Union and the Baltic states by the United States Government, by nongovernmental organizations, and by international financial institutions. (6) Such evaluations would be facilitated by annual reports, prepared by the Secretary of Commerce with the assistance of United States Government statistical agencies, assessing the progress being made by the independent states of the former Soviet Union and the Baltic states in establishing a free market economy. (7) United States Government statistical agencies (such as the Bureau of the Census of the Department of Commerce, the Bureau of Labor Statistics of the Department of Labor, the Bureau of Economic Analysis of the Department of Commerce, and the National Agricultural Statistics Service of the Department of Agriculture) have been involved in providing statistical assistance to foreign countries for more than 40 years. (8) United States Government statistical agencies have set the standard for modern statistical methodology used throughout the world. (9) United States Government statistical agencies have the personnel, facilities, expertise, and other resources to provide training and other technical assistance to the independent states of the former Soviet Union and the Baltic states with respect to the collection, analysis, and dissemination of economic statistical data. In addition, to the extent that the independent states or Baltic states use non- standard collection methods, United States Government statistical agencies have the ablility to reconcile discrepant data, thereby increasing its usefulness. SEC. 3. ECONOMIC STATISTICAL ANALYSIS REGARDING INDEPENDENT STATES OF THE FORMER SOVIET UNION AND BALTIC STATES. (a) Amendment to Title 13.--Title 13 of the United States Code is amended by adding at the end the following: ``CHAPTER 11--ECONOMIC STATISTICAL ANALYSIS REGARDING INDEPENDENT STATES OF THE FORMER SOVIET UNION AND BALTIC STATES ``Sec. ``501. Preparation and publication of analysis. ``502. Definitions. ``Sec. 501. Preparation and publication of analysis ``(a) The Secretary shall prepare and submit to the Congress each year a report analyzing the progress being made by the the independent states of the former Soviet Union and the Baltic states in establishing a free market economy. ``(b) In preparing the reports required by subsection (a), the Secretary shall draw upon the information collected and the analysis performed under the auspices of the International Statistical Assistance Coordinating Committee established pursuant to section 4 of the International Statistical Information and Analysis Coordination Act of 1993. ``(c) The first report pursuant to subsection (a) shall be submitted as soon as reliable economic statistical information is available about the independent states of the former Soviet Union and the Baltic states, but not later than 5 years after the date of enactment of this chapter. ``Sec. 502. Definitions ``As used in this chapter-- ``(1) the term `independent states of the former Soviet Union' means Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan; and ``(2) the term `Baltic states' means Estonia, Latvia, and Lithuania.''. (b) Amendment to Table of Chapters.--The table of chapters at the beginning of title 13, United States Code, is amended by adding at the end the following new item: ``11. Economic statistical analysis regarding independent 501''. states of the former Soviet Union and Baltic states. SEC. 4. INTERNATIONAL STATISTICAL ASSISTANCE COORDINATING COMMITTEE. (a) Establishment and Membership.--The President shall establish an interagency committee to be known as the ``International Statistical Assistance Coordinating Committee'' (hereinafter in this Act referred to as the ``Coordinating Committee''). The Coordinating Committee shall consist of a representative of each of the following: (1) The Office of Management and Budget. (2) The Bureau of the Census of the Department of Commerce. (3) The Bureau of Labor Statistics of the Department of Labor. (4) The Bureau of Economic Analysis of the Department of Commerce. (5) The National Agricultural Statistics Service of the Department of Agriculture. (6) The Agency for International Development. (b) Functions.--Consistent with section 104(a) of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (relating to Department of State coordination of assistance to the independent states of the former Soviet Union), the Coordinating Committee-- (1) shall determine priorities for providing training and other technical assistance to develop capabilities to monitor economic performance in the independent states of the former Soviet Union and the Baltic states through the collection, analysis, and dissemination of economic statistical data; (2) shall use the expertise of its constituent agencies in providing such assistance; (3) shall be responsible for coordinating such assistance with comparable assistance provided or coordinated by international or multilateral organizations or agencies; and (4) shall provide for the analysis by its constituent agencies of economic statistical data regarding the independent states of the former Soviet Union and the Baltic states and for the dissemination of such analysis to United States businesses and other interested parties, including dissemination through the annual report required by section 501 of title 13, United States Code. (c) Annual Reports.--The Coordinating Committee shall prepare an annual report describing the assistance provided through the Coordinating Committee pursuant to this section. Such report shall be submitted to the Congress as part of the annual congressional presentation materials on international economic assistance. SEC. 5. UNITED STATES ASSISTANCE TO IMPROVE MONITORING OF ECONOMIC PERFORMANCE IN INDEPENDENT STATES OF THE FORMER SOVIET UNION AND BALTIC STATES. (a) Statistical Capability Assistance.--United States assistance that is provided to encourage the development of a free-market economic system in the independent states of the former Soviet Union and the Baltic states shall include training and other technical assistance to develop capabilities to monitor economic performance in those republics and states through the collection, analysis, and dissemination of economic statistical data. (b) International Statistical Assistance Coordinating Committee.-- The assistance required by subsection (a) shall be coordinated through the Coordinating Committee and shall otherwise be provided in accordance with section 4(b). (c) Funding.--It is the sense of the Congress that at least $3,000,000 of the funds allocated for each of the fiscal years 1994 through 1998 for United States economic assistance to encourage the development of a free-market economic system in the independent states of the former Soviet Union and the Baltic states should be used for training and other technical assistance pursuant to this section. SEC. 6. DEFINITIONS. As used in this Act-- (1) the term ``independent states of the former Soviet Union'' means Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan; and (2) the term ``Baltic states'' means Estonia, Latvia, and Lithuania.

International Statistical Information and Analysis Act of 1993 - Directs the Secretary of Commerce to prepare and submit to the Congress an annual report analyzing the progress being made by the independent states of the former Soviet Union and the Baltic states in establishing a free market economy. Requires the President to establish an interagency committee to be known as the International Statistical Assistance Coordinating Committee to: (1) determine priorities for providing training and other technical assistance to monitor economic performance in such countries through the collection and analysis of economic statistical data; (2) coordinate such assistance with assistance provided by international or multilateral organizations; and (3) provide for analysis by its constituent agencies of economic statistical data regarding such countries and for the dissemination of such analysis to U.S. businesses and other interested parties. Requires U.S. assistance that is provided to encourage the development of a free-market economic system in the independent states of the former Soviet Union and the Baltic states to include training and other technical assistance to develop capabilities to monitor economic performance through the collection and analysis of economic statistical data. Expresses the sense of the Congress that a specified amount of funds allocated for U.S. assistance to encourage the development of free market systems in such countries be used for such training and assistance.

International Statistical Information and Analysis Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mutual Fund Transparency Act of 2005''. SEC. 2. DISCLOSURE OF FINANCIAL RELATIONSHIPS BETWEEN BROKERS AND MUTUAL FUND COMPANIES. (a) In General.--Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(b)) is amended by adding at the end the following: ``(13) Confirmation of transactions for mutual funds.-- ``(A) In general.--Each broker shall disclose in writing to customers that purchase the shares of an open-end company registered under section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a-8)-- ``(i) the amount of any compensation received or to be received by the broker in connection with such transaction from any sources; and ``(ii) such other information as the Commission determines appropriate. ``(B) Revenue sharing.--The term `compensation' under subparagraph (A) shall include any direct or indirect payment made by an investment adviser (or any affiliate of an investment adviser) to a broker or dealer for the purpose of promoting the sales of securities of an open-end company. ``(C) Timing of disclosure.--The disclosure required under subparagraph (A) shall be made to a customer not later than as of the date of the completion of the transaction. ``(D) Limitation.--The disclosures required under subparagraph (A) may not be made exclusively in-- ``(i) a registration statement or prospectus of an open-end company; or ``(ii) any other filing of an open-end company with the Commission. ``(E) Commission authority.-- ``(i) In general.--The Commission shall promulgate such final rules as are necessary to carry out this paragraph not later than 1 year after the date of enactment of the Mutual Fund Transparency Act of 2005. ``(ii) Form of disclosure.--Disclosures under this paragraph shall be in such form as the Commission, by rule, shall require. ``(F) Definition.--In this paragraph, the term `open-end company' has the same meaning as in section 5 of the Investment Company Act of 1940 (15 U.S.C. 80a- 5).''. (b) Disclosure of Brokerage Commissions.--Section 30 of the Investment Company Act of 1940 (15 U.S.C. 80a-29) is amended by adding at the end the following: ``(k) Disclosure of Brokerage Commissions.--The Commission, by rule, shall require that brokerage commissions as an aggregate dollar amount and percentage of assets paid by an open-end company be included in any disclosure of the amount of fees and expenses that may be payable by the holder of the securities of such company for purposes of-- ``(1) the registration statement of that open-end company; and ``(2) any other filing of that open-end company with the Commission, including the calculation of expense ratios.''. SEC. 3. MUTUAL FUND GOVERNANCE. (a) Independent Fund Boards.--Section 10(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-10(a)) is amended-- (1) by striking ``shall have'' and inserting the following: ``shall-- ``(1) have''; (2) by striking ``60 per centum'' and inserting ``25 percent''; (3) by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ``(2) have as chairman of its board of directors an interested person of such registered company; or ``(3) have as a member of its board of directors any person that is an interested person of such registered investment company-- ``(A) who has served without being approved or elected by the shareholders of such registered investment company at least once every 5 years; and ``(B) unless such director has been found, on an annual basis, by a majority of the directors who are not interested persons, after reasonable inquiry by such directors, not to have any material business or familial relationship with the registered investment company, a significant service provider to the company, or any entity controlling, controlled by, or under common control with such service provider, that is likely to impair the independence of the director.''. (b) Action by Independent Directors.--Section 10 of the Investment Company Act of 1940 (15 U.S.C. 80a-10) is amended by adding at the end the following: ``(i) Action by Board of Directors.--No action taken by the board of directors of a registered investment company may require the vote of a director who is an interested person of such registered investment company. ``(j) Independent Committee.-- ``(1) In general.--The members of the board of directors of a registered investment company who are not interested persons of such registered investment company shall establish a committee comprised solely of such members, which committee shall be responsible for-- ``(A) selecting persons to be nominated for election to the board of directors; and ``(B) adopting qualification standards for the nomination of directors. ``(2) Disclosure.--The standards developed under paragraph (1)(B) shall be disclosed in the registration statement of the registered investment company.''. (c) Definition of Interested Person.--Section 2(a)(19) of the Investment Company Act of 1940 (15 U.S.C. 80a-2) is amended-- (1) in subparagraph (A)-- (A) in clause (iv), by striking ``two'' and inserting ``5''; and (B) by striking clause (vii) and inserting the following: ``(vii) any natural person who has served as an officer or director, or as an employee within the preceding 10 fiscal years, of an investment adviser or principal underwriter to such registered investment company, or of any entity controlling, controlled by, or under common control with such investment adviser or principal underwriter; ``(viii) any natural person who has served as an officer or director, or as an employee within the preceding 10 fiscal years, of any entity that has within the preceding 5 fiscal years acted as a significant service provider to such registered investment company, or of any entity controlling, controlled by, or under the common control with such service provider; ``(ix) any natural person who is a member of a class of persons that the Commission, by rule or regulation, determines is unlikely to exercise an appropriate degree of independence as a result of-- ``(I) a material business relationship with the investment company or an affiliated person of such investment company; ``(II) a close familial relationship with any natural person who is an affiliated person of such investment company; or ``(III) any other reason determined by the Commission.''; (2) in subparagraph (B)-- (A) in clause (iv), by striking ``two'' and inserting ``5''; and (B) by striking clause (vii) and inserting the following: ``(vii) any natural person who is a member of a class of persons that the Commission, by rule or regulation, determines is unlikely to exercise an appropriate degree of independence as a result of-- ``(I) a material business relationship with such investment adviser or principal underwriter or affiliated person of such investment adviser or principal underwriter; ``(II) a close familial relationship with any natural person who is an affiliated person of such investment adviser or principal underwriter; or ``(III) any other reason as determined by the Commission:''. (d) Definition of Significant Service Provider.--Section 2(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)) is amended by adding at the end the following: ``(53) Significant service provider.-- ``(A) In general.--Not later than 270 days after the date of enactment of the Mutual Fund Transparency Act of 2005, the Securities and Exchange Commission shall issue final rules defining the term `significant service provider'. ``(B) Requirements.--The definition developed under paragraph (1) shall include, at a minimum, the investment adviser and principal underwriter of a registered investment company for purposes of paragraph (19).''. SEC. 4. FINANCIAL LITERACY AMONG MUTUAL FUND INVESTORS STUDY. (a) In General.--The Securities and Exchange Commission shall conduct a study to identify-- (1) the existing level of financial literacy among investors that purchase shares of open-end companies, as that term is defined under section 5 of the Investment Company Act of 1940, that are registered under section 8 of that Act; (2) the most useful and understandable relevant information that investors need to make sound financial decisions prior to purchasing such shares; (3) methods to increase the transparency of expenses and potential conflicts of interest in transactions involving the shares of open-end companies; (4) the existing private and public efforts to educate investors; and (5) a strategy to increase the financial literacy of investors that results in a positive change in investor behavior. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Securities and Exchange Commission shall submit a report on the study required under subsection (a) to-- (1) the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Financial Services of the House of Representatives. SEC. 5. STUDY REGARDING MUTUAL FUND ADVERTISING. (a) In General.--The Comptroller General of the United States shall conduct a study on mutual fund advertising to identify-- (1) existing and proposed regulatory requirements for open- end investment company advertisements; (2) current marketing practices for the sale of open-end investment company shares, including the use of unsustainable past performance data, funds that have merged, and incubator funds; (3) the impact of such advertising on consumers; and (4) recommendations to improve investor protections in mutual fund advertising and additional information necessary to ensure that investors can make informed financial decisions when purchasing shares. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit a report on the results of the study conducted under subsection (a) to-- (1) the Committee on Banking, Housing, and Urban Affairs of the United States Senate; and (2) the Committee on Financial Services of the House of Representatives. SEC. 6. POINT-OF-SALE DISCLOSURE. (a) In General.--Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(b)), as amended by section 2, is amended by adding at the end the following: ``(14) Broker disclosures in mutual fund transactions.-- ``(A) In general.--Each broker shall disclose in writing to each person that purchases the shares of an investment company registered under section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a-8)-- ``(i) the source and amount, in dollars and as a percentage of assets, of any compensation received or to be received by the broker in connection with such transaction from any sources; ``(ii) the amount, in dollars and as a percentage of assets, of compensation received in connection with transactions in shares of other investment company shares offered by the broker, if materially different from the amount under (i); ``(iii) comparative information that shows the average amount received by brokers in connection with comparable transactions, as determined by the Commission; and ``(iv) such other information as the Commission determines appropriate. ``(B) Revenue sharing.--The term `compensation' under subparagraph (A) shall include any direct or indirect payment made by an investment adviser (or any affiliate of an investment adviser) to a broker or dealer for the purpose of promoting the sales of securities of a registered investment company. ``(C) Timing of disclosure.--The disclosures required under subparagraph (A) shall be made to permit the person purchasing the shares to evaluate such disclosures before deciding to engage in the transaction. ``(D) Limitation.--The disclosures required under subparagraph (A) may not be made exclusively in-- ``(i) a registration statement or prospectus of a registered investment company; or ``(ii) any other filing of a registered investment company with the Commission. ``(E) Commission authority.--The Commission shall promulgate such final rules as are necessary to carry out this paragraph not later than 1 year after the date of enactment of the Mutual Fund Transparency Act of 2005.''. (b) National Securities Association Requirements.--Section 15A of the Securities Exchange Act of 1934 (15 U.S.C. 78o-3) is amended by adding at the end the following: ``(n) National Securities Association Requirements.--Each national securities association registered pursuant to this section shall issue such rules as necessary not later than 1 year after the date of enactment of the Mutual Fund Transparency Act of 2005 to require that a broker that provides individualized investment advice to a person shall-- ``(1) have a fiduciary duty to that person; ``(2) act solely in the best interests of that person; and ``(3) fully disclose all potential conflicts of interest and other information that is material to the relationship to that person prior to the time that the investment advice is first provided to the person and at least annually thereafter.''.

Mutual Fund Transparency Act of 2005 - Amends the Securities Exchange Act of 1934 to require broker disclosure in writing to open-end company (mutual fund) purchasers of the amount of any compensation due the broker in connection with the purchase transaction from any sources. Amends the Investment Company Act of 1940 to direct the Securities and Exchange Commission (SEC) to require that brokerage commissions as an aggregate dollar amount and percentage of assets paid by a mutual fund company be included in any disclosure of the fees and expenses that may be payable by the holder of the securities of such company. Revamps independent mutual fund board of directors membership to reduce from 60 percent to 25 percent the permissible number of interested persons serving on the board. Prohibits an interested person from being board chairman. Specifies conditions an interested person must meet to service as a board member. Directs the SEC to issue final rules defining an interested person who is a "significant service provider," including the investment adviser and principal underwriter of a registered investment company. Requires the SEC to study and report to Congress on: (1) financial literacy among mutual fund investors; and (2) mutual fund advertising. Amends the Securities Exchange Act of 1934 to require broker disclosure to each purchaser of investment company shares in a mutual fund transaction of the compensation the broker receives, in dollars and as as a percentage of assets. Requires each national securities association to issue rules requiring a broker that provides individualized investment advice to a person to: (1) have a fiduciary duty to that person; (2) act solely in the best interests of that person; and (3) fully disclose all potential conflicts of interest and other material information before the investment advice is first provided, and at least annually thereafter.

A bill to require disclosure of financial relationships between brokers and mutual fund companies, and of certain brokerage commissions paid by mutual fund companies.