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SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Bipartisan Commission on Campaign Finance Reform Act of 1997''. SEC. 2. ESTABLISHMENT AND DUTIES OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``Independent Bipartisan Commission on Campaign Finance Reform'' (referred to in this Act as the ``Commission''). (b) Duties.--The duties of the Commission are to study the law relating to elections for Federal office and to report and recommend legislation to reform that law. SEC. 3. MEMBERSHIP OF COMMISSION. (a) Composition.-- (1) Number.--The Commission shall be composed of 12 members appointed by the President not later than the date that is 15 days after the date of enactment of this Act. (2) Requirements.--The members shall be appointed from among individuals who-- (A) are not incumbent Members of Congress; and (B) are specially qualified to serve on the Commission by reason of education, training, or experience. (b) Appointment.-- (1) In general.--Members shall be appointed as follows: (A) 3 members (one of whom is a political independent (as defined in paragraph (3))) shall be appointed from among a list of nominees submitted by the Speaker of the House of Representatives. (B) 3 members (one of whom is a political independent) shall be appointed from among a list of nominees submitted by the Majority Leader of the Senate. (C) 3 members (one of whom is a political independent) shall be appointed from among a list of nominees submitted by the Minority Leader of the House of Representatives. (D) 3 members (one of whom is a political independent) shall be appointed from among a list of nominees submitted by the Minority Leader of the Senate. (2) Failure to submit list of nominees.--If an official described in subparagraph (A), (B), (C), or (D) of paragraph (1) fails to submit a list of nominees to the President during the 15-day period that begins on the date of enactment of this Act-- (A) the applicable subparagraph shall no longer apply; and (B) the President shall appoint 3 members (one of whom is a political independent) who meet the requirements described in subsection (a) and such other criteria as the President may determine to apply. (3) Political independent.--In this subsection, the term ``political independent'' means an individual who at no time on or after January 1, 1992-- (A) has held elective office as a member of the Democratic or Republican party; (B) has received any compensation from the Democratic or Republican party or from a Democratic or Republican party officeholder or candidate; or (C) has provided substantial volunteer services or made any substantial contribution to the Democratic or Republican party or to a Democratic or Republican party officeholder or candidate. (c) Chairperson.--At the time of the appointment, the President shall designate 1 member of the Commission as the chairperson of the Commission. (d) Period of Appointment.--A member of the Commission shall be appointed for the life of the Commission. (e) Vacancy.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (f) Political Affiliation.--Not more than 4 members of the Commission may be of the same political party (as defined in section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431)). SEC. 4. POWERS OF COMMISSION. (a) Hearings.-- (1) In general.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate. (2) Open meetings.--In carrying out the preceding paragraph, the Commission shall ensure that a substantial number of its meetings are open meetings, with significant opportunities for testimony from members of the general public. (b) Quorum.--7 members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (c) Voting.--The approval of at least 9 members of the Commission is required when approving all or a portion of the recommended legislation. (d) Power of Member.--A member of the Commission may, if authorized by the Commission, take an action that the Commission is authorized to take under this section. SEC. 5. ADMINISTRATIVE PROVISIONS. (a) Pay and Travel Expenses of Members.-- (1) Pay rate.--Each member of the Commission shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission. (2) Travel expenses.--Members 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. (b) Staff Director.--The Commission shall, without regard to section 5311(b) of title 5, United States Code, appoint a staff director, who shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (c) Staff of Commission; Services.-- (1) In general.--With the approval of the Commission, the staff director of the Commission may appoint additional personnel, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may fix the pay of additional personnel, 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. (2) Maximum rate of pay.--An an individual appointed under paragraph (1) may not receive pay in excess of the maximum annual rate of basic pay payable for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code. (3) Experts and consultants.--The Commission may procure by contract the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code. SEC. 6. REPORT AND RECOMMENDED LEGISLATION. (a) Report.--Not later than July 1, 1998, or the date that is 240 days after the date on which the last of the members of the Commission is appointed under section 3 (whichever occurs earlier), the Commission shall submit to the President, the Speaker and Minority Leader of the House of Representatives, and the Majority and Minority Leaders of the Senate a report of the activities of the Commission. (b) Recommendations; Draft of Legislation.--The report under subsection (a) shall include-- (1) any recommendations for changes in the law (including regulations) relating to elections for Federal office (including any changes in the rules of the Senate or the House of Representatives) to which 9 or more members of the Commission agree; and (2) at least 1 bill (including technical and conforming provisions) approved by the members of the Commission to implement the recommendations. (c) Goals of Recommendations and Legislation.--In making recommendations and preparing legislation under this section, the Commission shall consider the following primary goals: (1) Encouraging fair and open Federal elections that provide voters with meaningful information about candidates and issues. (2) Eliminating the disproportionate influence of special interest financing of Federal elections. (3) Creating a more equitable electoral system for challenger and incumbent candidates. SEC. 7. EXPEDITED CONGRESSIONAL CONSIDERATION OF LEGISLATION. (a) In General.--Each bill submitted under section 6(b) shall-- (1) not later than 3 days after the Commission submits the bill under section 6(a), be introduced (by request) in the House of Representatives by the Majority Leader of the House and shall be introduced (by request) in the Senate by the Majority Leader of the Senate; and (2) be given expedited consideration under the same provisions and in the same way, subject to subsection (b), as a joint resolution under section 2908 of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2678 note). (b) Special Rules.--For purposes of applying subsection (a) with respect to such provisions, the following rules shall apply: (1) Section 2908(a) of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2678 note) shall not apply. (2) Any reference to the resolution described in subsection (a) shall be deemed to be a reference to the bill submitted under section 6(b) of this Act. (3) Any reference to the Committee on National Security of the House of Representatives shall be deemed to be a reference to the Committee on House Oversight of the House of Representatives and any reference to the Committee on Armed Services of the Senate shall be deemed to be a reference to the Committee on Rules and Administration of the Senate. (4) Any reference to the date on which the President transmits a report shall be deemed to be a reference to the date on which the recommendation of the Commission is submitted under section 6(b). (5) Notwithstanding section 2908(d)(2) of the Act-- (A) debate on the bill in the House of Representatives, and on all debatable motions and appeals in connection with the bill, shall be limited to not more than 10 hours, divided equally between those favoring and those opposing the bill; (B) debate on the bill in the Senate, and on all debatable motions and appeals in connection with the bill, shall be limited to not more than 10 hours, divided equally between those favoring and those opposing the bill; and (C) debate in the Senate on any single debatable motion and appeal in connection with the bill shall be limited to not more than 1 hour, divided equally between the proponent of the motion and the manager of the bill, except that if the manager of the bill is in favor of the motion or appeal, the time in opposition to the motion or appeal shall be controlled by the Minority Leader or the Leader's designee, and the Majority and Minority Leader may each allot additional time from time under such Leader's control to any Senator during the consideration of any debatable motion or appeal. SEC. 8. TERMINATION. The Commission shall cease to exist on the date that is 90 days after the date of the submission of its report under section 6. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission such sums as are necessary to carry out its duties under this Act.

Independent Bipartisan Commission on Campaign Finance Reform Act of 1997 - Establishes the Independent Bipartisan Commission on Campaign Finance Reform to study the law relating to elections for Federal office and to report and recommend legislation to reform that law. Provides for expedited congressional consideration of legislation submitted under this Act. Terminates the Commission 90 days after submission of its report. Authorizes appropriations.

Independent Bipartisan Commission on Campaign Finance Reform Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Special Olympics Sport and Empowerment Act of 2004''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Special Olympics celebrates the possibilities of a world where everybody matters, everybody counts, every person has value, and every person has worth. (2) The Government and the people of the United States recognize the dignity and value the giftedness of children and adults with an intellectual disability. (3) The Government and the people of the United States are determined to end the isolation and stigmatization of people with an intellectual disability. (4) For more than 36 years, Special Olympics has encouraged skill, sharing, courage, and joy through year-round sports training and athletic competition for children and adults with intellectual disabilities. (5) Special Olympics provides year-round sports training and competitive opportunities to 1,500,000 athletes with intellectual disabilities in 26 sports and plans to expand the joy of participation through sport to hundreds of thousands of people with intellectual disabilities within the United States and worldwide over the next 5 years. (6) Special Olympics has demonstrated its ability to provide a major positive effect on the quality of life of people with intellectual disabilities, improving their health and physical well-being, building their confidence and self-esteem, and giving them a voice to become active and productive members of their communities. (7) In society as a whole, Special Olympics has become a vehicle and platform for breaking down artificial barriers, improving public health, changing negative attitudes in education, and helping athletes overcome the prejudice that people with intellectual disabilities face in too many places. (8) The Government of the United States enthusiastically supports Special Olympics, recognizes its importance in improving the lives of people with intellectual disabilities, and recognizes Special Olympics as a valued and important component of the global community. (b) Purpose.--The purposes of this Act are to-- (1) provide support to Special Olympics to increase athlete participation in and public awareness about the Special Olympics movement; (2) dispel negative stereotypes about people with intellectual disabilities; (3) build athletic and family involvement through sport; and (4) promote the extraordinary gifts of people with intellectual disabilities. SEC. 3. ASSISTANCE FOR SPECIAL OLYMPICS. (a) Education Activities.--The Secretary of Education may award grants to, or enter into contracts or cooperative agreements with, Special Olympics to carry out the following: (1) Activities to promote the expansion of Special Olympics, including activities to increase the participation of individuals with intellectual disabilities within the United States. (2) The design and implementation of Special Olympics education programs, including character education and volunteer programs that support the purposes of this Act, that can be integrated into classroom instruction and are consistent with academic content standards. (b) International Activities.--The Secretary of State may award grants to, or enter into contracts or cooperative agreements with, Special Olympics to carry out the following: (1) Activities to increase the participation of individuals with intellectual disabilities in Special Olympics outside of the United States. (2) Activities to improve the awareness outside of the United States of the abilities and unique contributions that individuals with intellectual disabilities can make to society. (c) Healthy Athletes.-- (1) In general.--The Secretary of Health and Human Services may award grants to, or enter into contracts or cooperative agreements with, Special Olympics for the implementation of on-site health assessments, screening for health problems, health education, data collection, and referrals to direct health care services. (2) Coordination.--Activities under paragraph (1) shall be coordinated with private health providers, existing authorized programs of State and local jurisdictions, or the Department of Health and Human Services, as applicable. (d) Limitation.--Amounts appropriated to carry out this section shall not be used for direct treatment of diseases, medical conditions, or mental health conditions. Nothing in the preceding sentence shall be construed to limit the use of non-Federal funds by Special Olympics. SEC. 4. APPLICATION AND ANNUAL REPORT. (a) Application.-- (1) In general.--To be eligible for a grant, contract, or cooperative agreement under subsection (a), (b), or (c) of section 3, Special Olympics shall submit an application at such time, in such manner, and containing such information as the Secretary of Education, Secretary of State, or Secretary of Health and Human Services, as applicable, may require. (2) Content.--At a minimum, an application under this subsection shall contain the following: (A) Activities.--A description of activities to be carried out with the grant, contract, or cooperative agreement. (B) Measurable goals.--Information on specific measurable goals and objectives to be achieved through activities carried out with the grant, contract, or cooperative agreement. (b) Annual Report.-- (1) In general.--As a condition on receipt of any funds under subsection (a), (b), or (c) of section 3, Special Olympics shall agree to submit an annual report at such time, in such manner, and containing such information as the Secretary of Education, Secretary of State, or Secretary of Health and Human Services, as applicable, may require. (2) Content.--At a minimum, each annual report under this subsection shall describe the degree to which progress has been made toward meeting the goals and objectives described in the applications submitted under subsection (a). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated-- (1) for grants, contracts, or cooperative agreements under section 3(a), $5,500,000 for fiscal year 2005, and such sums as may be necessary for each of the 4 succeeding fiscal years; (2) for grants, contracts, or cooperative agreements under section 3(b), $3,500,000 for fiscal year 2005, and such sums as may be necessary for each of the 4 succeeding fiscal years; and (3) for grants, contracts, or cooperative agreements under section 3(c), $6,000,000 for each of fiscal years 2005 through 2009. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Special Olympics Sport and Empowerment Act of 2004 - Authorizes the Secretaries of Education, of State, and of Health and Human Services to award grants to, or enter into contracts or cooperative agreements with, Special Olympics for specified education, international, and health activities, including ones promoting Special Olympics and a greater understanding of contributions to society by individuals with intellectual disabilities both within and outside of the United States. Prohibits use of funds under this Act for direct treatment of diseases, medical conditions, or mental health conditions. Sets forth application and annual report requirements. Authorizes appropriations for FY 2005 through 2009.

To provide assistance to Special Olympics to support expansion of Special Olympics and development of education programs and a Healthy Athletes Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reinvesting In Vital Economic Rivers and Waterways Act of 2013'' or the ``RIVER Act''. SEC. 2. FINDINGS. Congress finds that the inland waterways navigation system-- (1) is an essential economic resource for the United States; (2) serves as the most efficient sustainable transportation mode for bulk commodities in the United States while maintaining environmental resources; and (3) as of the date of enactment of this Act, is underfunded and needs significant changes to remain viable in the future. SEC. 3. PURPOSES. The purpose of this Act is to establish a sustainable, cost- effective way to ensure that the inland and intracoastal waterways of the United States remain economically viable through-- (1) the redesign of the program and project management process applicable to the construction and major rehabilitation of navigation projects on those waterways; (2) the continued development and improvement of inland waterways navigation systems; (3) enhanced efficiency of inland waterways navigation project completion schedules; and (4) inland waterways navigation capital investments to ensure that projects can be completed in a reasonable timeframe and to allow maximum systemwide benefits. SEC. 4. DEFINITIONS. In this Act: (1) Inland and intracoastal waterways.--The term ``inland and intracoastal waterways'' means the inland and intracoastal waterways of the United States described in section 206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804). (2) Inland waterway users board.--The term ``Inland Waterway Users Board'' means the Inland Waterway Users Board established by section 302 of the Water Resources Development Act of 1986 (33 U.S.C. 2251). (3) Major rehabilitation project.--The term ``major rehabilitation project'' means a project for the restoration of a major project or major project feature of the inland and intracoastal waterways that has an estimated cost greater than $50,000,000. (4) Qualifying project.--The term ``qualifying project'' means any construction or major rehabilitation project for navigation infrastructure of the inland and intracoastal waterways that is-- (A) authorized before, on, or after the date of enactment of this Act; (B) not completed as of the date of enactment of this Act; and (C) funded at least in part from the Inland Waterways Trust Fund established by section 9506 of the Internal Revenue Code of 1986. (5) Secretary.--The term ``Secretary'' means the Secretary of the Army, acting through the Chief of Engineers. SEC. 5. PROJECT DELIVERY PROCESS REFORMS. (a) In General.--The Secretary shall promulgate regulations that, at a minimum, shall require for each qualifying project-- (1) a cost estimation that is risk-based and has a confidence level of not less than 80 percent; (2) an independent external peer review and submission to Congress (in the case of a feasibility report) or the Secretary (in the case of a rehabilitation evaluation report) for any qualifying project-- (A) that-- (i) has an estimated total project cost greater than $45,000,000; (ii) is subject to public safety concerns, as determined by the Secretary; (iii) involves a high level of complexity or novel or precedent-setting approaches, as determined by the Secretary; or (iv) is identified by the Secretary as a matter of significant interagency interest; or (B) for which a review has been requested by the Governor of any State affected by the project; (3) the appointment to a project development team for the qualifying project of a member of the Inland Waterways Users Board, as selected by a majority of the Inland Waterways Users Board; (4) a quarterly update submitted to the Inland Waterways Users Board of the status of a qualifying project that is under construction; (5) the inclusion of the Chairman of the Inland Waterways Users Board and the project development team appointee under paragraph (3) as signatories of the project management plan for a qualifying project; (6) the establishment of a system to identify and apply on a continuing basis lessons learned from prior or ongoing projects so as to improve the likelihood of on-time and on- budget completion of qualifying projects; (7) the evaluation, including through the use of 1 or more pilot projects, of early contractor involvement acquisition procedures to improve on-time and on-budget project delivery performance; and (8) any additional measures that the Secretary determines will achieve the purposes of this Act, including, as determined appropriate by the Secretary-- (A) the implementation of applicable practices and procedures drawn from the management of the military construction program by the Secretary; (B) the development and use of a portfolio of standard designs for inland navigation locks; (C) the use of full-funding contracts or the formulation of a revised continuing contracts provision; and (D) the establishment of procedures for recommending new project construction starts using a capital projects business model. (b) Report Requirement.-- (1) In general.--For each fiscal year, the Secretary shall submit to Congress a report that describes each project, if any, that receives more than 50 percent of the total amount of funds made available in that fiscal year under the Inland Waterways Trust Fund established by section 9506 of the Internal Revenue Code of 1986. (2) Requirement.--For each project described in paragraph (1) that exceeds the estimated cost of carrying out that project for 3 or more consecutive years, the Secretary shall include in the report submitted under that paragraph alternative financing plans for the project. SEC. 6. 20-YEAR CAPITAL INVESTMENT PROGRAM. (a) Program Required.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary, in conjunction with the Inland Waterways Users Board, shall submit to Congress a 20- year program for making capital investments on the inland and intracoastal waterways, which shall include plans to update communications technology and be based on the application of objective national project-selection prioritization criteria, as developed by the Secretary. (2) Contents.--The 20-year program described in paragraph (1) may be based on the 20-year capital investment strategy contained in the Inland Marine Transportation System Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Inland Waterways Users Board. (b) Annual Review and Update.-- (1) In general.--Beginning not later than 1 year after the date on which a 20-year program is submitted to Congress under subsection (a), and each year thereafter, the Secretary, in conjunction with the Inland Waterways Users Board, shall submit to Congress an updated 20-year program. (2) Contents.--The updated program described in paragraph (1) shall include an identification and explanation of any changes that were made to the project-specific recommendations included in the previous 20-year program, including any changes that were made to the objective national project-selection prioritization criteria used to develop the updated recommendations. (c) Strategic Review and Update.-- (1) In general.--Not later than 5 years after the date of enactment of this Act, and every 5 years thereafter, the Secretary, in conjunction with the Inland Waterways Users Board, shall submit to Congress a strategic review of the capital investment program for the Inland Marine Transportation System, including any revisions to the program that the Secretary and the Users Board jointly consider to be appropriate. (2) Inclusions.--The review described in paragraph (1) shall include an analysis of the communications technology in use on the inland and intracoastal waterways system and a description of any plans to modernize that technology to increase safety and maximize efficiency. SEC. 7. LIMITATION ON EXPENDITURES FROM THE INLAND WATERWAYS TRUST FUND. Section 9506 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (c)(1), by-- (A) inserting ``and subject to subsection (d),'' after ``Except as provided in paragraph (2),''; and (B) inserting before the period at the end ``, provided that such expenditures may not exceed 50 percent of the total cost of the construction or rehabilitation''; and (2) by inserting at the end the following: ``(d) Limitation on Expenditures From Trust Fund.-- ``(1) In general.--Amounts in the Inland Waterways Trust Fund shall not be available for expenditures for-- ``(A) construction or rehabilitation of dams, or ``(B) any rehabilitation expenditure that does not equal or exceed $50,000,000. ``(2) Restriction on total cost.--Amounts in the Inland Waterways Trust Fund shall not be used to pay for any part of the cost to construct an authorized Federal project that exceeds the sum of-- ``(A) the amount equal to-- ``(i) the total authorized cost to construct the Federal project as specified in the Public Law that authorized construction of the project or, in the case of a rehabilitation project, in the relevant rehabilitation evaluation report, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the year in which construction or rehabilitation under the project begins (determined by substituting the year that precedes the calendar year in which such project was authorized for `1992' in subparagraph (B) of such section), and ``(B) any additional amount that is jointly agreed to by the Secretary and the Inland Waterways Users Board as appropriate to the project.''. SEC. 8. REVISION TO INLAND WATERWAYS USER FEE. Section 4042(b)(2)(A) of the Internal Revenue Code of 1986 is amended to read as follows: ``(A) The Inland Waterways Trust Fund financing rate is the rate determined in accordance with the following table: The tax per ``If the use occurs: gallon is: During 2013........................................ 20 cents After 2013......................................... 29 cents''.

Reinvesting In Vital Economic Rivers and Waterways Act of 2013 or RIVER Act - Directs the Secretary of the Army, acting through the Chief of Engineers, to promulgate regulations that, at a minimum, require certain delivery process criteria for qualifying construction and major rehabilitation projects for navigation infrastructure of inland and intracoastal waterways. Directs the Secretary, in conjunction with the Inland Waterways Users Board, to submit to Congress a 20-year program for making capital investments on inland and intracoastal waterways. Allows such program to be based on the 20-year capital investment strategy contained in the Inland Marine Transportation System Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Board. Amends the Internal Revenue Code to limit expenditures from the Inland Waterways Trust Fund to 50% of the total cost of the construction or rehabilitation project. Makes Fund amounts unavailable for: (1) construction or rehabilitation of dams, or (2) rehabilitation expenditures that do not equal or exceed $50 million. Increases the Inland Waterways Trust Fund financing rate (user fee) from 20 cents to 29 cents after 2013.

Reinvesting In Vital Economic Rivers and Waterways Act of 2013

SECTION 1. EXEMPTION OF CERTAIN INTEREST AND DIVIDEND INCOME FROM TAX. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to amounts specifically excluded from gross income) is amended by inserting after section 115 the following new section: ``SEC. 116. PARTIAL EXCLUSION OF DIVIDENDS AND INTEREST RECEIVED BY INDIVIDUALS. ``(a) Exclusion From Gross Income.--Gross income does not include the sum of the amounts received during the taxable year by an individual as-- ``(1) dividends from domestic corporations, or ``(2) interest. ``(b) Limitations.-- ``(1) Maximum amount.--The aggregate amount excluded under subsection (a) for any taxable year shall not exceed $5,000 ($10,000 in the case of a joint return). ``(2) Certain dividends excluded.--Subsection (a)(1) shall not apply to any dividend from a corporation which, for the taxable year of the corporation in which the distribution is made, or for the next preceding taxable year of the corporation, is a corporation exempt from tax under section 501 (relating to certain charitable, etc., organization) or section 521 (relating to farmers' cooperative associations). ``(c) Special Rules.--For purposes of this section-- ``(1) Distributions from regulated investment companies and real estate investment trusts.--Subsection (a) shall apply with respect to distributions by-- ``(A) regulated investment companies to the extent provided in section 854(c), and ``(B) real estate investment trusts to the extent provided in section 857(c). ``(2) Distributions by a trust.--For purposes of subsection (a), the amount of dividends and interest properly allocable to a beneficiary under section 652 or 662 shall be deemed to have been received by the beneficiary ratably on the same date that the dividends and interest were received by the estate or trust. ``(3) Certain nonresident aliens ineligible for exclusion.--In the case of a nonresident alien individual, subsection (a) shall apply only-- ``(A) in determining the tax imposed for the taxable year pursuant to section 871(b)(1) and only in respect of dividends and interest which are effectively connected with the conduct of a trade or business within the United States, or ``(B) in determining the tax imposed for the taxable year pursuant to section 877(b).'' (b) Clerical and Conforming Amendments.-- (1) 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 115 the following new item: ``Sec. 116. Partial exclusion of dividends and interest received by individuals.'' (2) Paragraph (2) of section 265(a) of such Code is amended by inserting before the period at the end thereof the following: ``, or to purchase or carry obligations or shares, or to make deposits, to the extent the interest thereon is excludable from gross income under section 116''. (3) Subsection (c) of section 584 of such Code is amended by adding at the end thereof the following new sentence: ``The proportionate share of each participant in the amount of dividends or interest received by the common trust fund and to which section 116 applies shall be considered for purposes of such section as having been received by such participant.'' (4) Subsection (a) of section 643 of such Code is amended by inserting after paragraph (6) the following new paragraph: ``(7) Dividends or interest.--There shall be included the amount of any dividends or interest excluded from gross income pursuant to section 116.'' (5) Section 854 of such Code is amended by adding at the end thereof the following new subsection: ``(c) Treatment Under Section 116.-- ``(1) In general.--For purposes of section 116, in the case of any dividend (other than a dividend described in subsection (a)) received from a regulated investment company which meets the requirements of section 852 for the taxable year in which it paid the dividend-- ``(A) the entire amount of such dividend shall be treated as a dividend if the aggregate dividends and interest received by such company during the taxable year equal or exceed 75 percent of its gross income, or ``(B) if subparagraph (A) does not apply, a portion of such dividend shall be treated as a dividend (and a portion of such dividend shall be treated as interest) based on the portion of the company's gross income which consists of aggregate dividends or aggregate interest, as the case may be. For purposes of the preceding sentence, gross income and aggregate interest received shall each be reduced by so much of the deduction allowable by section 163 for the taxable year as does not exceed aggregate interest received for the taxable year. ``(2) Notice to shareholders.--The amount of any distribution by a regulated investment company which may be taken into account as a dividend for purposes of the exclusion under section 116 shall not exceed the amount so designated by the company in a written notice to its shareholders mailed not later than 45 days after the close of its taxable year. ``(3) Definitions.--For purposes of this subsection-- ``(A) The term `gross income' does not include gain from the sale or other disposition of stock or securities. ``(B) The term `aggregate dividends received' includes only dividends received from domestic corporations other than dividends described in section 116(b)(2). In determining the amount of any dividend for purposes of this subparagraph, the rules provided in section 116(c)(1) (relating to certain distributions) shall apply.'' (6) Subsection (c) of section 857 of such Code is amended to read as follows: ``(c) Limitations Applicable to Dividends Received From Real Estate Investment Trusts.-- ``(1) In general.--For purposes of section 116 (relating to an exclusion for dividends and interest received by individuals) and section 243 (relating to deductions for dividends received by corporations), a dividend received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend. ``(2) Treatment as interest.--In the case of a dividend (other than a capital gain dividend, as defined in subsection (b)(3)(C)) received from a real estate investment trust which meets the requirements of this part for the taxable year in which it paid the dividend-- ``(A) such dividend shall be treated as interest if the aggregate interest received by the real estate investment trust for the taxable year equals or exceeds 75 percent of its gross income, or ``(B) if subparagraph (A) does not apply, the portion of such dividend which bears the same ratio to the amount of such dividend as the aggregate interest received bears to gross income shall be treated as interest. ``(3) Adjustments to gross income and aggregate interest received.--For purposes of paragraph (2)-- ``(A) gross income does not include the net capital gain, ``(B) gross income and aggregate interest received shall each be reduced by so much of the deduction allowable by section 163 for the taxable year (other than for interest on mortgages on real property owned by the real estate investment trust) as does not exceed aggregate interest received by the taxable year, and ``(C) gross income shall be reduced by the sum of the taxes imposed by paragraphs (4), (5), and (6) of section 857(b). ``(4) Notice to shareholders.--The amount of any distribution by a real estate investment trust which may be taken into account as interest for purposes of the exclusion under section 116 shall not exceed the amount so designated by the trust in a written notice to its shareholders mailed not later than 45 days after the close of its taxable year.'' (c) Effective Date.--The amendments made by this section shall apply with respect to taxable years beginning after December 31, 1992.

Amends the Internal Revenue Code to provide a partial exclusion of dividends or interest received by an individual.

To amend the Internal Revenue Code of 1986 to provide a partial exclusion of dividends and interest received by individuals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Reserve Reform Act of 1995''. SEC. 2. MEMBERSHIP OF THE FEDERAL OPEN MARKET ADVISORY COMMITTEE. (a) In General.--Section 12A(a) of the Federal Reserve Act (12 U.S.C. 263(a)) is amended to read as follows: ``(a) Establishment of Advisory Committee.-- ``(1) In general.--There is established a Federal Open Market Advisory Committee (hereafter in this section referred to as the `Advisory Committee'), which shall consist of the presidents of the Federal Reserve banks. ``(2) Chairperson.--The president of the Federal Reserve Bank of New York shall serve as the chairperson of the Advisory Committee. ``(3) Meetings.--The meetings of the Advisory Committee shall be held in Washington, District of Columbia, not less than 4 times each year upon the call of the Board. ``(4) Duties.--The Advisory Committee shall advise the Board on the conduct of open-market operations.''. (b) Conforming Amendments.-- (1) Federal reserve act.--The Federal Reserve Act (12 U.S.C. 221 et seq.) is amended-- (A) in section 2A (12 U.S.C. 225a)-- (i) by striking ``and the Federal Open Market Committee'' each place it appears; and (ii) in the sixth sentence, by striking ``determine'' and inserting ``determines''; (B) in the tenth undesignated paragraph of section 10 (12 U.S.C. 247a)-- (i) by striking ``and by the Federal Open Market Committee''; and (ii) by striking ``and the Committee''; (C) in section 12A (12 U.S.C. 263)-- (i) in subsection (b)-- (I) by striking ``Committee'' each place it appears and inserting ``Board''; and (II) by inserting ``Regulations.-- '' before ``No Federal Reserve''; and (ii) in subsection (c), by inserting ``Accommodation of Commerce and Business.--'' before ``The time''; and (D) in section 14(b)(2) (12 U.S.C. 355(2)), by striking ``Federal Open Market Committee'' and inserting ``Board''. (2) International lending supervision act of 1983.--Section 911(a)(3)(C) of the International Lending Supervision Act of 1983 (12 U.S.C. 3910(a)(3)(C)) is amended by striking ``Federal Open Market Committee'' and inserting ``Board of Governors of the Federal Reserve System''. SEC. 3. CONSULTATION BETWEEN THE BOARD OF GOVERNORS AND THE SECRETARY OF THE TREASURY, THE DIRECTOR OF THE OMB, AND THE CHAIRMAN OF THE CEA. Section 2A of the Federal Reserve Act (12 U.S.C. 225a) (as amended by section 2(b)(1)(A)) is amended-- (1) in the first sentence, by striking ``The Board of Governors'' and inserting the following: ``(a) In General.--The Board of Governors''; and (2) by adding at the end the following new subsection: ``(b) Consultation Required.--The Board of Governors shall meet and consult with the Secretary of the Treasury, the Director of the Office of Management and Budget, and the chairman of the Council of Economic Advisors-- ``(1) during the 30-day period immediately preceding the date on which each report required under the second sentence of subsection (a) is submitted to the Congress by the Board of Governors; and ``(2) during the 30-day period beginning on the date which is 100 days immediately preceding the date by which the President is required to submit the budget under section 1105(a) of title 31, United States Code.''. SEC. 4. APPOINTMENT OF THE CHAIRMAN AND VICE CHAIRMAN. (a) Appointment of the Chairman and Vice Chairman.--The second undesignated paragraph of section 10 of the Federal Reserve Act (12 U.S.C. 242) is amended by striking the third sentence and inserting the following: ``The President shall appoint, by and with the advice and consent of the Senate, one member of the Board to serve as Chairman. The term of such member as Chairman shall expire on January 31 of the first calendar year beginning after the end of the term of the President who appointed such member as Chairman. If a member appointed as Chairman does not complete the term of such office as established in the preceding sentence, the President shall appoint, by and with the advice and consent of the Senate, another member to complete the unexpired portion of such term. The President shall also appoint, by and with the advice and consent of the Senate, one member of the Board to serve as Vice Chairman for a term of 4 years. The Chairman and the Vice Chairman may each serve after the end of their respective terms until a successor has taken office.''. (b) Performance of Duties.--The second undesignated paragraph of section 10 of the Federal Reserve Act (12 U.S.C. 242) (as amended by subsection (a) of this section) is amended by inserting after the seventh sentence the following: ``In the event of the absence or unavailability of the Chairman, the Vice Chairman or (in the Vice Chairman's absence) another member of the Board may be designated by the Chairman to perform the duties of the office of the Chairman. If a vacancy occurs in the office of the Chairman, the Vice Chairman shall perform the duties of the Chairman until a successor takes office. If a vacancy occurs in the office of the Vice Chairman while the office of the Chairman is vacant, the member of the Board with the most years of service on the Board shall perform the duties of the Chairman until a successor takes office.''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of enactment of this Act. (2) Current chairman to complete term.--Notwithstanding the amendment made by subsection (a), any member who holds the office of Chairman of the Board of Governors of the Federal Reserve System on the date of enactment of this Act shall continue in such office during the remainder of the term to which such member was appointed. SEC. 5. DISCLOSURE OF INTERMEDIATE TARGETS. Section 12A(b) of the Federal Reserve Act (12 U.S.C. 263(b)) (as amended by section 2(b)(1)(C)(i)) is amended by adding at the end the following: ``Notwithstanding any other provision of law, each change, of any nature whatsoever, in the intermediate targets for monetary policy, which change is adopted by the Board, shall be disclosed to the public on the date on which such change is adopted. For purposes of this subsection, the term `intermediate targets' means any policy objectives regarding monetary aggregates, credit aggregates, prices, interest rates, or bank reserves.''. SEC. 6. AUDIT OF FINANCIAL TRANSACTIONS BY COMPTROLLER GENERAL. Section 714(b) of title 31, United States Code, is amended-- (1) in paragraph (1), by inserting ``or'' at the end; and (2) by striking paragraphs (2) through (4) and inserting the following: ``(2) memoranda, letters, or other written communications between or among members of the Board of Governors of the Federal Reserve System or officers or employees of the Federal Reserve System relating to any transaction described in paragraph (1).''. SEC. 7. BOARD SUBJECT TO BUDGET PROCESS. Section 1105 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(h) Federal Reserve Board Budget Treatment.--Not later than October 16 of each year, the estimated receipts and proposed expenditures of the Board of Governors of the Federal Reserve System and all Federal Reserve banks for the current year and the next 2 succeeding years shall be transmitted by the Board to the President. The President shall transmit to the Congress the information received in accordance with this subsection, without change, together with the budget transmitted to the Congress under subsection (a).''.

Federal Reserve Reform Act of 1995 - Amends the Federal Reserve Act to abolish the current Federal Open Market Committee, on which the Board of Governors of the Federal Reserve System (the Board) sits, and replace it with a Federal Open Market Advisory Committee, on which the Board does not sit, which shall advise the Board on the conduct of open-market operations. Requires the Board to meet and consult with the Secretary of the Treasury, the Director of the Office of Management and Budget, and the chairman of the Council of Economic Advisers during specified periods. Revises the term of the Chairman of the Board to expire on January 31 of the first calendar year beginning after the end of the term of the President who appointed the Chairman. Provides for performance of the duties of Chairman and Vice Chairman in the event of absence, unavailability, or vacancy. Mandates that each Board-adopted change in the intermediate targets for monetary policy be disclosed to the public upon its date of adoption. Amends Federal law to: (1) instruct the Comptroller General to audit written communications by members of the Board or officers or employees of the Federal Reserve System with respect to financial transactions; and (2) mandate an annual transmittal to the President and the Congress of all estimated receipts and proposed expenditures of the Board and all Federal Reserve banks for the current year and the next two succeeding years.

Federal Reserve Reform Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Family Opportunity Act of 1998''. SEC. 2. DEDUCTION FOR POSTSECONDARY TUITION AND RELATED EXPENSES IN LIEU OF HOPE AND LIFETIME LEARNING CREDIT. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. DEDUCTION FOR POSTSECONDARY TUITION AND RELATED EXPENSES IN LIEU OF HOPE AND LIFETIME LEARNING CREDIT. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the qualified tuition and related expenses paid or incurred by such individual. ``(b) Limitation.-- ``(1) In general.--The amount allowable as a deduction under subsection (a) for a taxable year shall not exceed the deductible limit for each eligible student. ``(2) Deductible limit.--For purposes of paragraph (1), the deductible limit for a taxable year shall be determined in accordance with the following table: ``Taxable years beginning in calendar year: Deductible limit: 1999................................................... $5,000 2000................................................... $5,500 2001................................................... $6,000 2002................................................... $6,500 2003................................................... $7,000 2004................................................... $7,500 2005................................................... $8,000 2006................................................... $8,500 2007................................................... $9,000 2008................................................... $9,500 2009 and thereafter....................................$10,000. ``(c) Qualified Tuition and Related Expenses; Eligible Student.-- The terms `qualified tuition and related expenses' and `eligible student' shall have the same meanings given to such terms by section 25A. ``(d) Applicable Rules.--For purposes of this section, rules similar to the rules of section 25A(g) shall apply.''. (b) Deduction Not a Miscellaneous Itemized Deduction.--Subsection (b) of section 67 of such Code (relating to miscellaneous itemized deductions) is amended by striking ``and'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, and'', and by adding at the end the following new paragraph: ``(13) the deduction under section 222 (relating to deduction for postsecondary tuition and related expenses in lieu of Hope and Lifetime Learning credit).''. (c) Conforming Amendments.-- (1) Subparagraph (B) of section 72(t)(7) of such Code is amended by inserting ``or 222(e)(2), as the case may be'' after ``section 25A(g)(2)''. (2) Paragraph (2) of section 135(d) of such Code is amended by inserting ``or 222, as the case may be,'' after ``section 25A''. (3) Paragraph (2) of section 221(e) of such Code is amended by striking ``and'' after subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by inserting after subparagraph (B) the following new subparagraph: ``(C) the amount allowed as a deduction under section 222.''. (4) Paragraph (2) of section 6213(g) of such Code is amended-- (A) by striking ``and'' at the end of subparagraph (J) (as added by section 201(b) of the Taxpayer Relief Act of 1997), (B) by redesignating subparagraph (J) (as added by section 1085(a)(3) of the Taxpayer Relief Act of 1997) as subparagraph (K) and by striking the period at the end of such subparagraph and inserting ``, and'', and (C) by adding at the end the following new subparagraph: ``(L) an omission of a correct TIN required under section 222(e)(1) (relating to higher education tuition and related expenses) to be included on a return.''. (d) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 222. Deduction for postsecondary tuition and related expenses in lieu of Hope and Lifetime Learning credit. ``Sec. 223. Cross reference.''. (e) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred after December 31, 1998, for education furnished in academic periods beginning after such date.

Higher Education Family Opportunity Act of 1998 - Amends the Internal Revenue Code to permit a deduction for qualified tuition and related expenses in lieu of the Hope and Lifetime Learning credits. Sets the deductible limit at $5,000 for 1999 and increases such limit by $500 annually until it reaches $10,000 for years 2009 and thereafter.

Higher Education Family Opportunity Act of 1998

SECTION 1. INCREASED CREDIT FOR MEDICAL RESEARCH. (a) In General.--Section 41 of the Internal Revenue Code of 1986 (relating to credit for increasing research activities) is amended by adding at the end the following new subsection: ``(i) Increased Credit for Medical Research.-- ``(1) General rule.--Subsection (a) of this section shall be applied by substituting-- ``(A) `40 percent' for `20 percent' in paragraph (1) thereof with respect to qualified medical research expenses, and ``(B) `medical research base amount' for `base amount'. ``(2) Qualified medical research expenses.--For purposes of this subsection-- ``(A) In general.--The term `qualified medical research expenses' means qualified research expenses-- ``(i) incurred for research in, or reasonably expected to lead to, the development of any medical product for the prevention, cure, or alleviation of human disease, sickness, or injury, and ``(ii) incurred before the earliest of-- ``(I) the date on which an application with respect to such product is approved under section 505(b) or 505A of the Federal Food, Drug, and Cosmetic Act, ``(II) the date on which a license for such product is approved under section 351 of the Public Health Service Act, or ``(III) the later of the date classification of such product as intended for human use is made under section 513 of the Federal Food, Drug, and Cosmetic Act or the date of approval of such product as intended for human use is granted under section 515 of such Act. ``(B) Exclusion of research after commercial production not to apply.--For purposes of this paragraph, the term `qualified research expenses' shall be determined without regard to subsection (d)(4)(A). ``(C) Special rule for certain testing.--The term `qualified medical research expenses' includes qualified research expenses for preclinical and clinical testing occurring after the earliest date under subparagraph (A)(ii) if the purpose of such testing is to develop new functional uses (including pediatric studies as described in section 355A(g) of the Federal Food, Drug, and Cosmetic Act), characteristics, indications, combinations, dosages, or delivery forms to an existing product. ``(D) Product.--For purposes of this paragraph, the term `product' means any drug, biologic, medical, or diagnostic test, or medical device. ``(3) Medical research base amount.--For purposes of this subsection-- ``(A) In general.--Except as provided in subparagraph (C), the term `medical research base amount' means, with respect to any taxable year, the average of the taxpayer's qualified medical research expenses for those taxable years in the base period during which the taxpayer paid or incurred qualified medical research expenses. The Secretary may prescribe regulations providing that de minimis amounts of qualified medical research expenses shall be disregarded under the preceding sentence. ``(B) Base period.--For purposes of subparagraph (A), the base period is the period consisting of-- ``(i) the most recent taxable year ending at least 6 months before the taxable year for which the medical research base amount is being determined, and ``(ii) the 4 taxable years preceding such most recent taxable year. ``(C) Medical base period amount for first 2 taxable years.--For each of the first 2 taxable years during which the taxpayer pays or incurs qualified medical research expenses, the term `medical research base amount' means 60 percent of the taxpayer's qualified medical research expenses for the taxable year for which such base period amount is determined. ``(4) Research conducted by academic and medical institutions.-- ``(A) In general.--Subsection (b)(3)(A) shall be applied-- ``(i) by substituting `100 percent' for `65 percent' with respect to amounts paid to a qualified academic institution for qualified research described in paragraph (2), and ``(ii) by substituting `85 percent' for `65 percent' with respect to amounts paid to a qualified nonprofit medical institution for qualified research described in paragraph (2). ``(B) Qualified academic institution.--For purposes of this paragraph, the term `qualified academic institution' means any of the following institutions: ``(i) Educational institutions.--Any institution described in section 170(b)(1)(A)(ii) or (iii) which is owned or affiliated with an institution of higher education as described in section 3304(f). ``(ii) Cancer research institutions.--Any cancer research institution which is designated as a cancer center by the National Cancer Institute, is, or is owned by, an organization described in section 501(c)(3), is exempt from taxation under section 501(a), and is not a private foundation. ``(iii) Nonprofit independent research institutions.--Any not-for-profit, independent research institute which is described in section 501(c)(3), is exempt from taxation under section 501(a), and is organized and operated exclusively for scientific or educational purposes. ``(C) Qualified nonprofit medical institution.--For purposes of this paragraph, the term `qualified nonprofit medical institution' means any not-for-profit organization that is described in section 501(c)(3), is exempt from taxation under section 501(a) by reason of its operation of a hospital or medical or health activity, is not a private foundation, and is not a qualified academic institution. ``(5) Election of alternative incremental medical research credit.-- ``(A) In general.--At the election of the taxpayer, the credit determined under this subsection shall be the sum of-- ``(i) 1.65 percent of so much of the taxpayer's qualified medical research expenses for the taxable year as exceeds 1 percent of the gross receipts of the taxpayer for the year but does not exceed 1.5 percent of such gross receipts, ``(ii) 2.2 percent of so much of such expenses as exceeds 1.5 percent of such gross receipts but does not exceed 2 percent of such gross receipts, and ``(iii) 2.75 percent of so much of such expenses as exceeds 2 percent of such receipts. ``(B) Election.--An election under this subsection shall apply only to the taxable year for which made. ``(6) Coordination.--In determining the amount of the credit allowed by subsection (a) for expenses which are not allowed the increased credit under this subsection-- ``(A) the amount of qualified research expenses shall be computed by excluding qualified medical research expenses for which the increased credit determined under this subsection is allowed; ``(B) the base amount determined under paragraph (1) of subsection (c) shall be computed by excluding qualified medical research expenses for which the increased credit determined under this subsection is allowed from qualified research expenses for purposes of that computation; and ``(C) the alternative incremental credit determined under subsection (c)(4) shall be computed by excluding qualified medical research expenses for which the increased credit determined under this subsection is allowed from qualified research expenses for purposes of that computation.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Amends Internal Revenue Code provisions concerning the credit for increasing research activities provisions to provide for an increased credit for qualified medical research expenses.

To amend the Internal Revenue Code of 1986 to provide an increased credit for medical research.

SECTION 1. EMERGENCY PREPAREDNESS DEMONSTRATION PROGRAM TO ASSIST DISADVANTAGED COMMUNITIES. Section 629 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5197h) is amended to read as follows: ``SEC. 629. EMERGENCY PREPAREDNESS DEMONSTRATION PROGRAM TO ASSIST DISADVANTAGED COMMUNITIES. ``(a) In General.--The Director shall establish an emergency preparedness demonstration program to research and promote the capacity of disadvantaged communities to carry out programs to provide data, information, and awareness education by providing grants to or executing contracts or cooperative agreements with eligible nonprofit organizations to establish and conduct such programs. ``(b) Activities Supported.--An eligible nonprofit organization may use a grant, contract, or cooperative agreement awarded under this section-- ``(1) to conduct research into the status of emergency preparedness and disaster response awareness in households of disadvantaged individuals located in urban and rural communities, particularly in those States and regions most impacted by natural and manmade disasters and emergencies; and ``(2) to develop and promote awareness of emergency preparedness education programs within disadvantaged communities, including development and preparation of culturally competent educational and awareness materials that can be used to disseminate information to organizations and institutions serving disadvantaged individuals. ``(c) Eligible Organizations.--An organization shall be eligible to be awarded a grant, contract, or cooperative agreement under this section with respect to a program if the organization is a nonprofit organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and exempt from tax under section 501(a) of such Code, whose primary mission is to provide services to disadvantaged communities, and that can demonstrate a partnership with a disadvantaged business enterprise, including enterprises located in a HUBZone, with respect to the program. ``(d) Use of Funds.--A recipient of a grant, contract, or cooperative agreement awarded under this section may only use the proceeds of the grant, contract, or agreement to-- ``(1) acquire expert professional services necessary to conduct research in disadvantaged communities, including African American and Hispanic communities; ``(2) develop and prepare informational materials to promote awareness among disadvantaged communities about emergency preparedness and how to protect their households and communities in advance of disasters; ``(3) establish consortia with national organizations serving disadvantaged individuals, institutions of higher education serving disadvantaged individuals, and faith-based institutions to disseminate information about emergency preparedness to disadvantaged communities; and ``(4) implement a joint project with an institution serving disadvantaged individuals, including a part B institution (as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2))), an institution described in subparagraph (A), (B), or (C) of section 326(e)(1) of that Act (20 U.S.C. 1063b(e)(1)(A), (B), or (C)), and a Hispanic-serving institution (as defined in section 502(a)(5) of that Act (20 U.S.C. 1101a(a)(5))). ``(e) Application and Review Procedure.--To be eligible to receive a grant, contract, or cooperative agreement under this section, an organization must submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may reasonably require. The Director shall establish a procedure by which to accept such applications. ``(f) Definitions.--In this section, the following definitions apply: ``(1) Disadvantaged business enterprise.--The term `disadvantaged business enterprise' means a business enterprise owned and controlled by disadvantaged individuals. ``(2) Disadvantaged community.--The term `disadvantaged community' means a community predominately populated by disadvantaged individuals. ``(3) Disadvantaged individual.--The term `disadvantaged individual' means a socially or economically disadvantaged individual as defined by section 8(a) of the Small Business Act (15 U.S.C. 637(a)). ``(4) HUBZone.--The term `HUBZone' has the meaning given such term in section 3(p) of the Small Business Act (15 U.S.C. 632(p)). ``(g) Authorization of Appropriation.--There is authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2004 through 2007. Such sums shall remain available until expended.''.

Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to change the eligibility standard for assistance under the emergency preparedness demonstration program established by such Act from "minority communities" to "disadvantaged communities." Defines "disadvantaged communities" as a communities predominantly populated by socially or economically disadvantaged individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities, and whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities.

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to modify eligibility requirements under an emergency preparedness demonstration program to assist disadvantaged communities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthcare Information Technology Enterprise Integration Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The National Institute of Standards and Technology, because of the electronic commerce, information technology and security expertise in its laboratories and the healthcare component of the Malcolm Baldrige National Quality Award, and its long history of working with the information technology and healthcare industries, is well equipped to complement the healthcare information technology implementation efforts as established by Executive Order 13335 of April 27, 2004, by addressing the technical challenges posed by healthcare information enterprise integration. (2) Therefore, it is in the national interest for the National Institute of Standards and Technology to accelerate its efforts-- (A) to participate in the development of technical standards, standards conformance tests, and enterprise integration processes that are necessary to increase efficiency and quality of care, and lower costs in the healthcare industry; and (B) ensuring that all components of the United States healthcare infrastructure can be a part of an electronic information network that is reliable, interoperable, and secure. SEC. 3. HEALTHCARE INFORMATION ENTERPRISE INTEGRATION INITIATIVE. (a) Establishment.--The Director of the National Institute of Standards and Technology shall establish an initiative for advancing healthcare information enterprise integration within the United States. In carrying out this section, the Director shall involve various units of the National Institute of Standards and Technology, including its laboratories and the Malcolm Baldrige National Quality Program. This initiative shall build upon ongoing efforts of the National Institute of Standards and Technology, the private sector, and other Federal agencies, shall involve consortia that include government and industry, and shall be designed to permit healthcare information enterprise integration. These efforts shall complement ongoing activities occurring under Executive Order 13335 of April 27, 2004. (b) Technical Activities.--In order to carry out this section, the Director may focus on-- (1) information technology standards and interoperability analysis, which may include the development of technical testbeds; (2) supporting the establishment of conformance testing infrastructure, including software conformance and certification; (3) security; (4) medical device communication; (5) supporting the provisioning of technical architecture products for management and retrieval; and (6) information management including electronic health records management, health information usability, and access and decision support. (c) Other Activities.--The Director may assist healthcare representatives and organizations and Federal agencies in the development of technical roadmaps that identify the remaining steps needed to ensure that technical standards for application protocols, interoperability, data integrity, and security, as well as the corollary conformance test protocols, will be in place. These roadmaps shall rely upon voluntary consensus standards where possible consistent with Federal technology transfer laws. (d) Plans and Reports.--Not later than 90 days after the date of enactment of this Act, and annually thereafter, the Director shall transmit a report to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the activities of the National Institute of Standards and Technology under this section. SEC. 4. FEDERAL HEALTHCARE INFORMATION TECHNOLOGY SYSTEMS AND INFRASTRUCTURE. (a) Guidelines and Standards.--Not later than 12 months after the date of enactment of this Act, the Director of the National Institute of Standards and Technology, in consultation with industry and appropriate Federal agencies, shall report on development of technology-neutral information technology infrastructure guidelines and standards, or the adoption of existing technology-neutral industry guidelines and private sector standards, for use by Federal agencies to enable those agencies to effectively select and utilize healthcare information technologies in a manner that is-- (1) sufficiently secure to meet the needs of those agencies (as is consistent with the Computer Security Act of 1987, as amended, section 225 of the Homeland Security Act of 2002, and title III of the E-Government Act of 2002), their transaction partners, and the general public; (2) interoperable, to the maximum extent possible; and (3) inclusive of ongoing Federal efforts that provide technical expertise to harmonize existing standards and assist in the development of interoperability specifications. (b) Elements.--The guidelines and standards developed under subsection (a) shall-- (1) promote the use by Federal agencies of commercially available products that incorporate the guidelines and standards developed under subsection (a); (2) develop uniform testing procedures suitable for determining the conformance of commercially available and Federal healthcare information technology products with the guidelines and standards; (3) support and promote the testing of electronic healthcare information technologies utilized by Federal agencies; (4) provide protection and security profiles; (5) establish a core set of interoperability specifications in transactions between Federal agencies and their transaction partners; and (6) include validation criteria to enable Federal agencies to select healthcare information technologies appropriate to their needs. (c) Reports.--Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Director shall transmit to the Congress a report that includes a description and analysis of-- (1) the level of interoperability and security of technologies for sharing healthcare information among Federal agencies; and (2) the problems Federal agencies are having with, and the progress such agencies are making toward, ensuring interoperable and secure healthcare information systems and electronic healthcare records. SEC. 5. RESEARCH AND DEVELOPMENT PROGRAMS. (a) Healthcare Information Enterprise Integration Research Centers.-- (1) In general.--The Director of the National Institute of Standards and Technology, in consultation the Director of the National Science Foundation and other appropriate Federal agencies, shall establish a program of assistance to institutions of higher education (or consortia thereof which may include nonprofit entities and Federal Government laboratories) to establish multidisciplinary Centers for Healthcare Information Enterprise Integration. (2) Review; competition.--Grants shall be awarded under this subsection on a merit-reviewed, competitive basis. (3) Purpose.--The purposes of the Centers shall be-- (A) to generate innovative approaches to healthcare information enterprise integration by conducting cutting-edge, multidisciplinary research on the systems challenges to healthcare delivery; and (B) the development and use of information technologies and other complementary fields. (4) Research areas.--Research areas may include-- (A) the interfaces between human information and communications technology systems; (B) voice-recognition systems; (C) software that improves interoperability and connectivity among systems; (D) software dependability in systems critical to healthcare delivery; (E) measurement of the impact of information technologies on the quality and productivity of healthcare; (F) healthcare information enterprise management; and (G) information technology security and integrity. (5) Applications.--An institution of higher education (or a consortium thereof) seeking funding under this subsection shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include, at a minimum, a description of-- (A) the research projects that will be undertaken by the Center and the respective contributions of the participating entities; (B) how the Center will promote active collaboration among scientists and engineers from different disciplines, such as information technology, biologic sciences, management, social sciences, and other appropriate disciplines; (C) technology transfer activities to demonstrate and diffuse the research results, technologies, and knowledge; and (D) how the Center will contribute to the education and training of researchers and other professionals in fields relevant to healthcare information enterprise integration. (b) National Information Technology Research and Development Program.--The National High-Performance Computing Program established by section 101 of the High-Performance Computing Act of 1991 (15 U.S.C. 5511) shall coordinate Federal research and development programs related to the development and deployment of health information technology, including activities related to-- (1) computer infrastructure; (2) data security; (3) development of large-scale, distributed, reliable computing systems; (4) wired, wireless, and hybrid high-speed networking; (5) development of software and software-intensive systems; (6) human-computer interaction and information management technologies; and (7) the social and economic implications of information technology. (c) Strategic Plan for Healthcare Technologies and Classification.-- (1) In general.--The Director of the National Institute of Standards and Technology, in consultation with the Director of the National Science Foundation, not later than 90 days after the date of enactment of this Act, shall establish a task force whose membership includes representatives of other Federal agencies and industry groups (such as the American Health Information Management Association and the American Medical Informatics Association) to develop a strategic plan including recommendations for-- (A) the development, adoption, and maintenance of terminologies and classifications; (B) gaining commitment of terminology and classification stakeholders (such as developers, end users, and other service and technology suppliers) to principles and guidelines for open and transparent processes to enable cost-effective interoperability and complete and accurate information; (C) the design of a centralized authority or governance model, including principles for its operation and funding scenarios; (D) United States participation in the International Health Terminology Standards Development Organization; and (E) any other issues identified by the task force. (2) Task force report.--The task force shall report its findings and recommendations to the Committee on Science and Technology of the House of Representatives not later than 18 months after the date of enactment of this Act. The task force shall terminate after transmitting such report. (3) Federal advisory committee act.--The task force established under this subsection shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Director of the National Institute of Standards and Technology for carrying out this Act $8,000,000 for each of the fiscal years 2009 and 2010, to be derived from amounts authorized under section 3001 of Public Law 110- 69.

Healthcare Information Technology Enterprise Integration Act - (Sec. 3) Requires the Director of the National Institute of Standards and Technology (NIST) to establish an initiative for advancing health care information enterprise integration within the United States. Authorizes the Director to focus on: (1) information technology standards and interoperability analysis; (2) supporting the establishment of conformance testing infrastructure; (3) security; (4) medical device communication; (5) supporting the provisioning of technical architecture products for management and retrieval; and (6) information management. Allows the Director to assist health care representatives and organizations and federal agencies in the development of technical roadmaps that identify the remaining steps needed to ensure that standards will be in place. Requires such roadmaps to rely upon voluntary consensus standards, where possible, consistent with federal technology transfer laws. (Sec. 4) Requires the Director to report on the development or adoption of technology-neutral information technology infrastructure guidelines and standards to enable federal agencies to effectively select and utilize health care information technologies in a manner that is: (1) sufficiently secure; (2) interoperable; and (3) inclusive of ongoing federal efforts that provide technical expertise to harmonize existing standards and assist in the development of interoperability specifications. Requires such guidelines and standards to: (1) promote the use by federal agencies of commercially available products; (2) develop uniform testing procedures suitable for determining product conformance; (3) support and promote the testing of electronic health care information technologies utilized by federal agencies; (4) provide protection and security profiles; (5) establish a core set of interoperability specifications in federal agency transactions; and (6) include validation criteria to enable federal agencies to select appropriate health care information technologies. Requires the Director to report on: (1) the level of interoperability and security of technologies for sharing health care information among federal agencies; and (2) federal agency problems and progress in ensuring interoperable and secure health care information systems and electronic health care records. (Sec. 5) Requires the Director to establish a program of assistance to institutions of higher education to establish multidisciplinary Centers for Healthcare Information Enterprise Integration in order to: (1) generate innovative approaches to health care information enterprise integration; and (2) develop and use information technologies and other complementary fields. Directs the National High-Performance Computing Program to coordinate federal research and development programs related to the development and deployment of health information technology. Requires the Director to establish a task force to develop a strategic plan, including recommendations for: (1) the development, adoption, and maintenance of terminologies and classifications; (2) gaining commitment of terminology and classification stakeholders to principles and guidelines for an open and transparent process to enable cost-effective interoperability and complete and accurate information; (3) the design of a centralized authority or governance model; and (4) U.S. participation in the International Health Terminology Standards Development Organization. (Sec. 6) Authorizes Appropriations for FY2009-FY2010.

To authorize the National Institute of Standards and Technology to increase its efforts in support of the integration of the healthcare information enterprise in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``IP-Enabled Voice Communications and Public Safety Act of 2007''. SEC. 2. DUTY TO PROVIDE 9-1-1 AND E-9-1-1 SERVICE. (a) In General.--The Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615 et seq.) is amended by adding at the end the following: ``SEC. 7. IP-ENABLED VOICE SERVICE PROVIDERS. ``(a) In General.--It shall be the duty of every IP-enabled voice service provider engaged in interstate or foreign communication to provide 9-1-1 service, including enhanced 9-1-1 service, to its subscribers in accordance with orders of the Commission in effect on the date of enactment of the IP-Enabled Voice Communications and Public Safety Act of 2007, as such orders may be modified by the Commission from time to time. ``(b) Access to 9-1-1 Components.-- ``(1) Regulations.--Within 90 days after the date of enactment of the IP-Enabled Voice Communications and Public Safety Act of 2007, the Commission shall issue regulations granting IP-enabled voice service providers right of access to 9-1-1 components that are necessary to provide 9-1-1 service, on the same rates, terms, and conditions that are provided to commercial mobile service providers. In promulgating the regulations, the Commission shall take into account any technical, network security, or information privacy issues that are specific to IP-enabled voice services, including the security of 9-1-1 networks. The Commission shall require IP- enabled voice service providers to which the regulations apply to register with the Commission and to establish a point of contact for public safety and government officials relative to 9-1-1 service and access. ``(2) Delegation of enforcement to state commissions.--The Commission may delegate authority to enforce the regulations issued under paragraph (1) to State commissions or other State agencies or programs with jurisdiction over emergency communications. ``(c) Savings Clause.--Nothing in the IP-Enabled Voice Communications and Public Safety Act of 2007 shall be construed as repealing or otherwise altering, modifying, affecting, or superseding Federal regulations obligating an IP-enabled voice service provider to provide 9-1-1 service or enhanced 9-1-1 service. ``(d) Limitation on Commission.--Nothing in this section shall be construed to permit the Commission to issue regulations that require or impose a specific technology or technological standard. ``(e) FCC Authority To Require 9-1-1 Service.--The Commission may require any provider of a voice service that is a substitute for telephone exchange service (as defined in section 3(47) of the Communications Act of 1934 (47 U.S.C. 153(47))) to provide 9-1-1 service, including enhanced 9-1-1 service, to its subscribers. Nothing in this subsection shall limit or otherwise affect the authority of the Commission under the Communications Act of 1934 (47 U.S.C. 151 et seq.).''. (b) Definitions.--Section 6 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b) is amended by adding at the end thereof the following: ``(8) IP-enabled voice service.--The term `IP-enabled voice service' has the meaning given the term `Interconnected VoIP Service' by section 9.3 of the Commission's regulations (47 C.F.R. 9.3). ``(9) IP-enabled 9-1-1 service.--The term `IP-enabled 9-1-1 service' means any 9-1-1 service provided by an IP-enabled voice service provider, including enhanced IP-enabled 9-1-1 service. ``(10) Enhanced ip-enabled 9-1-1 service.--The term `enhanced IP-enabled 9-1-1 service' means any enhanced 9-1-1 service so designated by the Federal Communications Commission in its Report and Order in WC Docket Nos. 04-36 and 05-196, or any successor proceeding. ``(11) 9-1-1 component.--The term `9-1-1 component' means any equipment, network, databases (including automatic location information databases and master street address guides), interface, selective router, trunkline, non-dialable p-ANI's, or other related facility necessary for the delivery and completion of 9-1-1 or E-9-1-1 calls and information related to such calls, as determined by the Commission.''. SEC. 3. PARITY OF PROTECTION FOR PROVISION OR USE OF IP-ENABLED VOICE SERVICE. (a) In General.--Section 4 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615a) is amended-- (1) by striking ``carrier,'' in subsection (a) and inserting ``carrier, IP-enabled voice service provider, or alternative emergency communications service provider,''; (2) by striking ``its'' the first place it appears in subsection (a) and inserting ``their''; (3) by striking ``emergency calls or emergency services.'' in subsection (a) and inserting ``emergency calls, emergency services, or alternative emergency communications services.''; (4) by striking ``service shall'' in subsection (b) and inserting ``service, or IP-enabled voice service, shall''; (5) by striking ``wireless.'' in subsection (b) and inserting ``wireless, IP-enabled, or alternative emergency communications.''; (6) by striking ``communications,'' in subsection (c) and inserting ``communications, IP-enabled voice service communications, or alternative emergency communications,''; and (7) by striking ``wireless.'' in subsection (c) and inserting ``wireless, IP-enabled, or alternative emergency communications.''. (b) Definitions.--Section 6 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b), as amended by section 2(b), is further amended by adding at the end thereof the following: ``(12) Alternative emergency communications service.--The term `alternative emergency communications service' means the provision of emergency information to a public safety answering point via wire or radio communications, and may include 9-1-1 and enhanced 9-1-1 Services. ``(13) Alternative emergency communications service provider.--The term `alternative emergency communications service provider' means an entity other than a local exchange carrier, wireless carrier, or an IP-enabled voice service provider that is required by the Commission or, in the absence of any such requirement, is specifically authorized by the appropriate local or State 9-1-1 governing authority, to provide alternative emergency communications services.''. SEC. 4. STATE AUTHORITY OF FEES. Nothing in this Act, the Communications Act of 1934 (47 U.S.C. 151 et seq.), the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615a), or any Federal Communications Commission regulation or order shall prevent the imposition on, or collection by, a provider of IP-enabled voice services or commercial mobile service, of any fee or charge specifically designated by a State, political subdivision thereof, or Indian tribe for the support of 9-1-1 or E 099-1-1 services if that fee or charge-- (1) for IP-enabled voice services, does not exceed the amount of any such fee or charge imposed on or collected by a provider of telecommunications services; and (2) is obligated or expended in support of 9-1-1 and E 099- 1-1 services, or enhancements of such services, or other emergency communications services as specified in the provision of State or local law adopting the fee or charge. SEC. 5. FEE ACCOUNTABILITY. To ensure efficiency, transparency, and accountability in the collection and expenditure of 9-1-1 fees, the Federal Communications Commission shall submit a report within 1 year after the date of enactment of this Act, and annually thereafter, to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce detailing the status in each State of the collection and distribution of 9-1-1 fees and include findings on the amount of revenues obligated or expended by each State or political subdivision thereof for any purpose other than the purpose for which any fee or charges are presented. SEC. 6. MIGRATION TO IP-ENABLED EMERGENCY NETWORK. (a) In General.--Section 158 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 942) is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; (2) by inserting after subsection (c) the following: ``(d) Migration Plan Required.-- ``(1) National plan required.--No more than 270 days after the date of the enactment of the IP-Enabled Voice Communications and Public Safety Act of 2007, the Office shall develop and report to Congress on a national plan for migrating to a national IP-enabled emergency network capable of receiving and responding to all citizen activated emergency communications and improving information sharing among all emergency response entities. ``(2) Contents of plan.--The plan required by paragraph (1) shall-- ``(A) outline the potential benefits of such a migration; ``(B) identify barriers that must be overcome and funding mechanisms to address those barriers; ``(C) provide specific mechanisms for ensuring the IP-enabled emergency network is available in every community and is coordinated on a local, regional, and Statewide basis; ``(D) identify location technology for nomadic devices and for office buildings and multi-dwelling units; ``(E) include a proposed timetable, an outline of costs and potential savings; ``(F) provide specific legislative language, if necessary, for achieving the plan; ``(G) provide recommendations on any legislative changes, including updating definitions, to facilitate a national IP-enabled emergency network; ``(H) assess, collect, and analyze the experiences of the PSAPs and related public safety authorities who are conducting trial deployments of IP-enabled emergency networks as of the date of enactment of the IP-Enabled Voice Communications and Public Safety Act of 2007; ``(I) document solutions that a national IP-enabled emergency network will provide for 9-1-1 access to those with disabilities and needed steps to implement such solutions, including a recommended timeline for such implementation; and ``(J) analyze technologies and efforts to provide automatic location capabilities and provide recommendations on needed regulatory or legislative changes necessary to implement automatic location solutions for 9-1-1 purposes. ``(3) Consultation.--In developing the plan required by paragraph (1), the Office shall consult with representatives of the public safety community, groups representing those with disabilities, technology and telecommunications providers, and others it deems appropriate.''; and (3) by striking ``services.'' in subsection (b)(1) and inserting ``services, and for migration to an IP-enabled emergency network.''. (b) Availability of PSAP Information.--The Federal Communications Commission may compile a list of public safety answering point contact information, as well as contact information for 9-1-1 component providers, for the purpose of assisting IP-enabled voice service providers and others in complying with this Act and section 158(d) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 942(d)) as amended by subsection (a), and may make any portion of such information available to the public if such availability would improve public safety. (c) Development of Standards.--The Federal Communications Commission shall work cooperatively with public safety organizations, industry participants, and the E-9-1-1 Implementation Coordination Office to develop best practices that promote consistency, where appropriate, including procedures for-- (1) defining geographic coverage areas for Public Safety Answering Points; (2) defining network diversity requirements for delivery of IP-enabled 9-1-1 calls; (3) call-handling in the event of call overflow or network outages; (4) Public Safety Answering Point certification and testing requirements; (5) validation procedures for inputting and updating location information in relevant databases; and (6) the format for delivering address information to Public Safety Answering Points. SEC. 7. ENFORCEMENT. The Federal Communications Commission shall enforce the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615a) as if that Act were part of the Communications Act of 1934. For purposes of this section, any violation of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615a), or any regulation promulgated under that Act, is deemed to be a violation of the Communications Act of 1934 or a regulation promulgated under the Communications Act of 1934, respectively. SEC. 8. COMPLETION OF THE HATFIELD REPORT. (a) In General.--Not later than 30 days after the date of enactment of this Act, the Federal Communications Commission shall remit all amounts promised for the completion of an update to the Report on Technical and Operational Issues Impacting the Provision of Wireless Enhanced 9-1-1 Services by Dale N. Hatfield filed at the Commission on October 15, 2002, in WT Docket No. 02-46. (b) Submission of Report.--Mr. Hatfield shall submit his written findings as of May 1, 2006, to the Federal Communications Commission not later than 60 days after receiving the payment described in subsection (a). SEC. 9. 9/11 COMMISSION ACT OF 2007. Section 2301 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (47 U.S.C. 901 note) is amended by striking ``the `Improving Emergency Communications Act of 2007'.'' and inserting ``the `911 Modernization Act'.''. Passed the Senate February 26, 2008. Attest: Secretary. 110th CONGRESS 2d Session S. 428 _______________________________________________________________________ AN ACT To amend the Wireless Communications and Public Safety Act of 1999, and for other purposes.

IP-Enabled Voice Communications and Public Safety Act of 2007 - (Sec. 2) Amends the Wireless Communications and Public Safety Act of 1999 to impose on IP-enabled voice service providers engaged in interstate or foreign communication a requirement to provide 9-1-1 service, including enhanced 9-1-1 service, to its subscribers. Requires the Federal Communications Commission (FCC) to issue regulations granting IP-enabled voice service providers right of access to 9-1-1 components that are necessary to provide 9-1-1 service, on the same rates, terms, and conditions that are provided to commercial mobile service providers. Requires the providers to establish a point of contact for public safety and government officials relative to 9-1-1 service and access. Authorizes the FCC to delegate enforcement authority to state agencies or programs with emergency communications jurisdiction. Authorizes the FCC to require any provider of a voice service that is a substitute for telephone exchange service to provide 9-1-1 service, including enhanced 9-1-1 service. (Sec. 3) Requires that, when IP-enabled voice service or alternative emergency communications service is involved, there be parity in liability (as compared to local exchange companies and others) for service carriers, users, and public safety answering points (facilities designated to receive 9-1-1 calls and route them to emergency personnel) (PSAPs). Defines "alternative emergency communications service" as the provision of emergency information to a PSAP via wire or radio communications, possibly including 9-1-1 and enhanced 9-1-1 services. (Sec. 4) Declares that nothing in this Act, the Communications Act of 1934, the Wireless Communications and Public Safety Act of 1999, or any FCC regulation or order prevents states, their subdivisions, or Indian tribes from imposing a fee on or collecting a fee from IP-enabled voice services to support 9-1-1 or E-9-1-1 services. (Sec. 5) Requires the FCC to report annually to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce on the status in each state of the collection and distribution of 9-1-1 fees. (Sec. 6) Amends the National Telecommunications and Information Administration Organization Act to require the E-9-1-1 Implementation Coordination Office to develop a national plan for migrating to a national IP-enabled emergency network. Requires, after plan completion, grants for migration to such a network. Authorizes the FCC to compile a list of PSAP contact information, as well as contact information for 9-1-1 component providers, to assist providers in complying with this Act and specified provisions of the National Telecommunications and Information Administration Organization Act. Allows the FCC to make any part of that information available to the public to improve public safety. Requires the FCC to work cooperatively with public safety organizations, industry participants, and the E-9-1-1 Implementation Coordination Office to develop best practices that promote consistency. (Sec. 7) Requires the FCC to enforce the Wireless Communications and Public Safety Act of 1999 as if that Act was part of the Communications Act of 1934 and deems any violation to be a violation of the Communications Act of 1934. (Sec. 8) Sets deadlines for: (1) the FCC to remit all amounts promised for the completion of an update to the Report on Technical and Operational Issues Impacting the Provision of Wireless Enhanced 9-1-1 Services; and (2) the filing of related written findings.

A bill to amend the Wireless Communications and Public Safety Act of 1999, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Smart Water Management Conservation and Efficiency Act of 2014''. SEC. 2. SMART WATER MANAGEMENT PILOT PROGRAM. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a utility; (B) a municipality; (C) a water district; and (D) any other authority that provides drinking water, wastewater treatment, or water reuse services. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (3) Smart water management pilot program.--The term ``smart water management pilot program'' or ``pilot program'' means the pilot program established under subsection (b). (b) Smart Water Management Pilot Program.-- (1) In general.--The Secretary shall establish and carry out a smart water management pilot program in accordance with this section. (2) Purpose.--The purpose of the smart water management pilot program is to award grants to eligible entities to demonstrate and deploy novel and innovative technology-based solutions that will-- (A) increase the energy and water efficiency of drinking water, wastewater treatment, and water reuse systems; (B) improve drinking water, water reuse, and wastewater treatment systems to help communities across the United States make significant progress in conserving water, saving energy, and reducing costs; and (C) support the implementation of innovative processes and the installation of advanced automated systems that provide real-time data on energy and water. (3) Project selection.-- (A) In general.--The Secretary shall make competitive, merit-reviewed grants under the pilot program to not less than 3, but not more than 5, eligible entities. (B) Selection criteria.--In selecting an eligible entity to receive a grant under the pilot program, the Secretary shall consider-- (i) energy and cost savings; (ii) the novelty of the technology to be used; (iii) the degree to which the project integrates next-generation sensors, software, analytics, and management tools; (iv) the anticipated cost-effectiveness of the pilot project in terms of energy efficiency savings, water savings or reuse, and infrastructure costs averted; (v) whether the technology can be deployed in a variety of geographic regions and the degree to which the technology can be implemented on a smaller or larger scale; and (vi) whether the project will be completed in 5 years or less. (C) Applications.-- (i) In general.--Subject to clause (ii), an eligible entity seeking a grant under the pilot program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be necessary. (ii) Contents.--An application under clause (i) shall, at a minimum, include-- (I) a description of the project; (II) a description of the technology to be used in the project; (III) the anticipated results, including energy and water savings, of the project; (IV) a comprehensive budget for the project; (V) the names of the project lead organization and any partners; (VI) the number of users to be served by the project; and (VII) any other information that the Secretary determines to be necessary to complete the review and selection of a grant recipient. (4) Administration.-- (A) In general.--Not later than 300 days after the date of enactment of this Act, the Secretary shall select grant recipients under this section. (B) Evaluations.--The Secretary shall annually carry out an evaluation of each project for which a grant is provided under this section that-- (i) evaluates the progress and impact of the project; and (ii) assesses the degree to which the project is meeting the goals of the pilot program. (C) Technical assistance.--On the request of a grant recipient, the Secretary shall provide technical assistance. (D) Best practices.--The Secretary shall make available to the public-- (i) a copy of each evaluation carried out under subparagraph (B); and (ii) a description of any best practices identified by the Secretary as a result of those evaluations. (E) Report to congress.--The Secretary shall submit to Congress a report containing the results of each evaluation carried out under subparagraph (B). (c) Funding.-- (1) In general.--The Secretary shall use not less than $7,500,000 of amounts made available to the Secretary to carry out this section. (2) Prioritization.--In funding activities under this section, the Secretary shall prioritize funding in the following manner: (A) Any unobligated amounts made available to the Secretary to carry out the activities of the Energy Efficiency and Renewable Energy Office. (B) Any unobligated amounts (other than those described in subparagraph (A)) made available to the Secretary.

Smart Water Management Conservation and Efficiency Act of 2014 - Directs the Secretary of Energy (DOE) to establish and carry out a smart water management pilot program to award grants to three to five eligible entities (authorities that provide drinking water, wastewater treatment, or water reuse services) to demonstrate and deploy novel and innovative technology-based solutions that will: (1) increase the energy and water efficiency of drinking water, wastewater treatment, and water reuse systems; (2) improve such systems to help communities make significant progress in conserving water, saving energy, and reducing costs; and (3) support the implementation of innovative processes and the installation of advanced automated systems that provide real-time data on energy and water. Directs the Secretary, in selecting grant recipient, to consider: energy and cost savings; the novelty of the technology to be used; the degree to which the project integrates next-generation sensors, software, analytics, and management tools; the anticipated cost-effectiveness of the pilot project in terms of energy efficiency savings, water savings or reuse, and infrastructure costs averted; whether the technology can be deployed in a variety of geographic regions and the degree to which the technology can be implemented on a smaller or larger scale; and whether the project will be completed in five years or less. Requires the Secretary to evaluate, annually, each project for which a grant is provided and make best practices identified available to the public.

Smart Water Management Conservation and Efficiency Act of 2014

That this Act may be cited as the ``Federal Forage Fee Act of 1993''. SECTION 1. FINDINGS. (a) Findings.--Congress finds and declares that-- (1) it is in the national interest that the public lands are producing and continue to produce water and soil conservation benefits, livestock forage, wildlife forage and recreation and other multiple use opportunities; (2) rangelands will continue to be stabilized and improved long term by providing for cooperative agreements, private, public partnerships and flexibility in management programs and agreements; (3) to assure sound management and stewardship of the renewable resources it is imperative to charge a fee that is reasonable and equitable and represents the fair value of the forage provided; (4) the intermingled private-public land ownership patterns prevailing in much of the west create a strong interdependence between public and private lands for forage, water, and habitat for both wildlife and livestock; (5) the social and economic infrastructure of many rural communities and stability of job opportunities in many areas of rural America are highly independent on the protection of the value of privately held production units on Federal lands. SEC. 2. ENVIRONMENTAL AND LAND USE REQUIREMENTS. Unless contrary to this statute, all grazing operations conducted on any Federal lands shall be subject to all applicable Federal, State, and local laws, including but not limited to: (1) Animal Damage Control Act (7 U.S.C. 426-426b). (2) Bankhead-Jones Farm Tenant Act (50 Stat. 522) as amended. (3) Clean Air Act (42 U.S.C. 7401-7642) as amended. (4) Endangered Species Act of 1973 (16 U.S.C. 1531-1544) as amended. (5) Federal Advisory Committee Act (86 Stat. 770), as amended. (6) Federal Grant and Cooperative Agreement Act of 1977 (92 Stat. 3). (7) Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136-136y), as amended. (8) Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (9) Federal Water Pollution Control Act (33 U.S.C. 1251 1387), as amended. (10) Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600-1614). (11) Granger-Thye Act (64 Stat. 82). (12) Independent Offices Appropriations Act of 1952 (31 U.S.C. 9701), as amended, title V. (13) Multiple Use Sustained Yield Act of 1960 (16 U.S.C. 528-531). (14) National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370a), as amended. (15 National Forest Management Act of 1976 (16 U.S.C. 1600, 1611-1614). (16) Public Rangelands Improvement Act of 1978 (92 Stat. 1803). (17) Taylor Grazing Act (48 Stat. 1269), as amended. (18) Wilderness Act (78 Stat. 890), as amended. SEC. 3. FEE SCHEDULE. (a) For the purpose of this section the terms: (1) ``Sixteen Western States'' means WA, CA, ID, NV, NM, WY, CO, KS, SD, ND, NE, OR, OK, AZ, UT and MT. (2) ``AUM'' means an animal unit month as that term is used in the Public Rangeland Improvement Act (92 Stat. 1803); (3) ``Authorized Federal AUMs'' means all ``allotted AUMs'' reported by BLM and ``permitted to graze AUMs'' reported by USFS. (4) ``WAPLLR'' means the weighted average private land lease rate determined by multiplying the private land lease rate reported by the Economic Research Service for the previous calendar year for each of the sixteen Western States by the total number of authorized Federal AUMs, as defined in section 3(a)(3), in each State for the previous fiscal year, then that result divided by the total number of authorized Federal AUMs for the sixteen Western States. These individual State results are then added together and divided by 16 to yield a weighted average private land lease rate for that year. (5) ``Report'' means the report titled ``Grazing Fee Review and Evaluation Update of the 1986 Final Report'' dated April 30, 1992 and prepared by the Departments of the Interior and Agriculture. (6) ``Nonfee cost differential'' means a value calculated annually by the Secretaries by multiplying the weighted difference in nonfee costs per AUM between public land and private land by the Input Cost Index (ICI) determined annually by the Department of Agriculture. The weighted difference in nonfee costs is a factor of 0.552 determined by deducting the private AUM nonfee costs (as outlined on page 58 of the report) from the public AUM nonfee costs for cattle times 4, added to the result of deducting private AUM nonfee costs from public AUM nonfee costs for sheep times 1, then that result divided by 5.'' (7) ``Net production differential'' is the percentage calculated annually by dividing the cash receipts per cow for Federal permittee livestock producers by the cash receipts per cow for western non-Federal livestock producers in the sixteen Western States as surveyed by the Economic Research Service in annual cost of production surveys (COPS). (8) ``PLFVR'' means the private lease forage value ratio determined by dividing the average of the 1964-1968 base years' private land lease rate into the forage value portion of the private land lease rate of $1.78 as determined in the 1966 western livestock grazing survey. (b) The Secretaries of the Department of Agriculture and the Department of the Interior shall calculate annually the Federal forage fee by calculating the average of the WALLPR for the preceding three years; multiplying it by the PLFVR; then deducting from that result the nonfee cost differential; and multiplying that result by the net production differential. For each year that this calculation is made, all data used for calculating this fee shall come from the calendar year previous to the year for which the fee is being calculated unless specified otherwise in the above calculations. (c) The Federal forage fee shall apply to all authorized Federal AUMs under the jurisdiction of the United States Department of Agriculture and the United States Department of the Interior. (d) For the first year that the Secretaries calculate the Federal forage fee, the fee shall not be greater than 125 percent, or less than 75 percent of the fee calculated for the previous year pursuant to Executive Order 12548 dated February 14, 1986. For each year after the first year that the Secretaries calculate the Federal forage fee, the fee shall not be greater than 125 percent, or less than 75 percent of the Federal forage fee calculated for the previous year. (e) The survey of nonfee costs used to calculate the nonfee cost differential shall be updated periodically by the Secretaries so as to reflect as accurately as possible the actual nonfee costs incurred by the cattle and sheep industry that utilizes public lands in the sixteen Western States. The results of the updated survey shall be incorporated into the calculation of the Non Fee Cost Differential as they become available.

Federal Forage Fee Act of 1993 - Subjects grazing operations on Federal land to applicable Federal, State, and local environmental and land use requirements. Sets forth a forage fee formula for lands under the jurisdiction of the Department of Agriculture and the Department of the Interior.

Federal Forage Fee Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfield Cleanup and Redevelopment Revolving Loan Fund Pilot Project Act of 1996''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Contaminated and underused or abandoned industrial sites in distressed communities are, economically, at a competitive disadvantage relative to greenfield sites, as capital for their cleanup and redevelopment may not be available. (2) Contaminated and underused and abandoned industrial properties located in distressed areas, owned by private, public, or nonprofit entities, often with significant economic development potential once cleaned up, are unable to secure initial financing for site remediation. (3) Considerable public benefits can accrue from such sites once cleaned up and brought back to productive reuse, especially those devoted to industrial purposes that employ environmentally sound practices. (4) Voluntary cleanup programs spur private sector cleanups when the property value is sufficient and its location favorable enough to make the additional costs of cleanup economically feasible, but this approach does not resolve the problems facing properties with little or no value, common among sites located in economically distressed areas. (5) Because of their experience in administering targeted loan assistance programs, States are in a good position to use Federal funds to capitalize revolving loan funds to support local cleanup and redevelopment projects. (b) Purpose.--The purpose of this Act is to establish a pilot project to revitalize distressed communities by providing loans for cleanup of certain industrial properties that have the potential to attract private investment, foster clean manufacturing, and create jobs for local residents. SEC. 3. PILOT PROJECT PROVIDING REVOLVING LOAN FUND FOR CLEANUPS UNDER STATE VOLUNTARY CLEANUP PROGRAMS. (a) Establishment of Loan Program.--The Administrator of the Environmental Protection Agency (hereinafter in this Act referred to as the ``Administrator'') shall establish a pilot project to provide a capitalization loan to one or more States that submit applications to the Administrator to establish or expand a State revolving loan fund for purposes of providing loans for voluntary environmental cleanups of eligible facilities. (b) Application for Loan.--An application for a capitalization loan under this section shall be in such form as the Administrator considers appropriate. At a minimum, the application shall include each of the following: (1) Evidence that the State is carrying out a voluntary cleanup program for eligible facilities. The Administrator shall ensure that the State voluntary program provides, at a minium, adequate opportunities for public participation, sufficient technical assistance, and oversight to ensure that cleanups comply with Federal and State laws, and certification to the owner and prospective purchaser that the cleanup is complete. (2) Evidence that the State will provide a matching share of at least 20 percent of the costs of such cleanup from either new or existing sources of State funding. (3) A description of the State's proposed revolving loan program and of the State's capability to manage the program. States may use interest income or loan repayments (in an amount equal to not more than 10 percent of their revolving loan fund amount) for program administrative purposes. At a minimum, the State's revolving loan program shall-- (A) provide loans to both public and private parties conducting voluntary cleanups under the State's voluntary cleanup program who are unable to secure loans from private lending institutions or other means of financing; (B) require that borrowers demonstrate credit worthiness and the ability to carry out the cleanup; and (C) give priority to loans for the purpose of cleaning up-- (i) facilities that are planned to be reused for industrial purposes that employ environmentally sound practices; and (ii) facilities that will generate jobs for contractors whose principal place of business is the political subdivision in which the facility is located or for laborers who reside in such political subdivisions. (4) A statement that the State will begin repayment of the loan within 5 years after receipt of the loan, and evidence of the State's ability to repay the loan. (5) A statement that a loan from the revolving loan fund will not be used to pay for any of the following: (A) New construction. (B) Environmental fines or penalties. (C) Speculative assessments or speculative rehabilitation at facilities with little or no potential for economic development. (6) Such other elements as the Administrator considers appropriate. (c) Amount of Loan.--The Administrator shall determine the distribution of funds among the eligible States. The amount of a capitalization loan made by the Administrator under this Act to a State may not exceed 15 percent of the amount available each year to all the eligible States. (d) Authorization.--There are authorized to be appropriated to the Administrator for purposes of making capitalization loans to States under the pilot project established by this section the sum of $5,000,000 for fiscal year 1996 and $7,500,000 for each of the fiscal years 1997 and 1998. SEC. 4. DEFINITIONS. For purposes of this Act the term ``eligible facility'' means a facility or property in a State that is determined by the State to have environmental contamination that-- (1) could prevent the timely use, development, or reuse of the facility or property; and (2) is limited in scope and can be comprehensively and readily evaluated. Such term shall not include any of the following: (A) A facility that is eligible for abatement action under section 106 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. (B) A facility that, as of the date of the enactment of this Act, is subject to Federal enforcement action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (C) A facility included, or proposed for inclusion, on the National Priorities List or on the comprehensive environmental response, compensation, and liability inventory system (``CERCLIS'') that has been evaluated as high priority under the hazard ranking system. (D) A facility required to have a permit under section 3005 of the Solid Waste Disposal Act that does not have a permit under that section and does not qualify for authorization to operate in interim status under subsection (e) of that section. (E) A land disposal unit with respect to which a closure notification under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) is submitted and closure requirements are specified in a closure plan or permit. (F) A facility subject to corrective action under section 3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C. 5924(u) or 6928(h)) that is evaluated as high priority under the Environmental Protection Agency's National Corrective Action Priority System as set forth in regulations under subtitle C of the Solid Waste Disposal Act. (G) A facility at which assistance for response activities may be obtained pursuant to subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking Underground Storage Tank Trust Fund established under section 9508 of the Internal Revenue Code of 1986. (H) A facility owned or operated by a department, agency, or instrumentality of the United States.

Brownfield Cleanup and Redevelopment Revolving Loan Fund Pilot Project Act of 1996 - Directs the Administrator of the Environmental Protection Agency to establish a pilot project to provide capitalization loans to States to establish or expand revolving loan funds that provide loans for voluntary environmental cleanups of eligible facilities (those determined by the State to have limited environmental contamination that can be readily and comprehensively evaluated and that could prevent the timely use, development, or reuse of the facility or property). Authorizes appropriations. Makes ineligible for such assistance facilities that are: (1) eligible for abatement actions, or subject to Federal enforcement action, under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; (2) on or proposed for inclusion on the National Priorities List or evaluated as high priority under the hazard ranking system; (3) subject to certain actions, or unqualified to conduct certain hazardous waste disposal activities, under the Solid Waste Disposal Act; or (4) owned or operated by the United States.

Brownfield Cleanup and Redevelopment Revolving Loan Fund Pilot Project Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Children from Sexual Exploitation Act of 2005''. SEC. 2. RECORD KEEPING OF DIGITAL IMAGES. Section 2257 of title 18, United States Code, is amended-- (1) in subsection (a), by inserting after ``videotape,'' the following: ``digital image, digitally- or computer- manipulated image of an actual human being, picture,''; and (2) in subsection (f)(4), by inserting after ``video'' the following: ``digital image, digitally- or computer-manipulated image of an actual human being, picture,''. SEC. 3. OTHER RECORD KEEPING REQUIREMENTS. Section 2257 of title 18, United States Code, is amended-- (1) in subsection (f), by-- (A) in paragraph (3), by striking ``and'' after the semicolon; (B) in paragraph (4), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(5) for any person to whom subsection (a) applies to refuse to permit the Attorney General or his or her designee to conduct an inspection under subsection (c).''; and (2) by striking subsection (h) and inserting the following: ``(h) In this section-- ``(1) the term `actual sexually explicit conduct' means actual but not simulated conduct as defined in clauses (i) through (v) of section 2256(2)(A) of this title; ``(2) the term `produces'-- ``(A) means-- ``(i) actually filming, videotaping, photographing, creating a picture, digital image, or digitally- or computer-manipulated image of an actual human being; ``(ii) digitizing an image, of a visual depiction of sexually explicit conduct; or, assembling, manufacturing, publishing, duplicating, reproducing, or reissuing a book, magazine, periodical, film, videotape, digital image, or picture, or other matter intended for commercial distribution, that contains a visual depiction of sexually explicit conduct; or ``(iii) inserting on a computer site or service a digital image of, or otherwise managing the sexually explicit content, of a computer site or service that contains a visual depiction of, sexually explicit conduct; and ``(B) does not include activities that are limited to-- ``(i) photo or film processing, including digitization of previously existing visual depictions, as part of a commercial enterprise, with no other commercial interest in the sexually explicit material, printing, and video duplication; ``(ii) distribution; ``(iii) any activity, other than those activities identified in subparagraph (A), that does not involve the hiring, contracting for, managing, or otherwise arranging for the participation of the depicted performers; ``(iv) the provision of web-hosting services when the provider does not, and reasonably cannot, manage the sexually explicit content of the computer site or service; or ``(v) the provision of an electronic communication service or remote computing service when the provider does not, and reasonably cannot, manage the sexually explicit content of the computer site or service; and ``(3) the term `performer' includes any person portrayed in a visual depiction engaging in, or assisting another person to engage in, actual sexually explicit conduct.''. SEC. 4. RECORD KEEPING REQUIREMENTS FOR SIMULATED SEXUAL CONDUCT. (a) In General.--Chapter 110 of title 18, United States Code, is amended by inserting after section 2257 the following: ``Sec. 2257A. Record keeping requirements for simulated sexual conduct ``(a) Whoever produces any book, magazine, periodical, film, videotape, or other matter that-- ``(1) contains one or more visual depictions of simulated sexually explicit conduct; and ``(2) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce; shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction. ``(b) Any person to whom subsection (a) applies shall, with respect to every performer portrayed in a visual depiction of simulated sexually explicit conduct-- ``(1) ascertain, by examination of an identification document containing such information, the performer's name and date of birth, and require the performer to provide such other indicia of his or her identity as may be prescribed by regulations; ``(2) ascertain any name, other than the performer's present and correct name, ever used by the performer including maiden name, alias, nickname, stage, or professional name; and ``(3) record in the records required by subsection (a) the information required by paragraphs (1) and (2) and such other identifying information as may be prescribed by regulation. ``(c) Any person to whom subsection (a) applies shall maintain the records required by this section at their business premises, or at such other place as the Attorney General may by regulation prescribe and shall make such records available to the Attorney General for inspection at all reasonable times. ``(d)(1) No information or evidence obtained from records required to be created or maintained by this section shall, except as provided in this section, directly or indirectly, be used as evidence against any person with respect to any violation of law. ``(2) Paragraph (1) shall not preclude the use of such information or evidence in a prosecution or other action for a violation of this chapter or chapter 71, or for a violation of any applicable provision of law with respect to the furnishing of false information. ``(e)(1) Any person to whom subsection (a) applies shall cause to be affixed to every copy of any matter described in subsection (a)(1) in such manner and in such form as the Attorney General shall by regulations prescribe, a statement describing where the records required by this section with respect to all performers depicted in that copy of the matter may be located. ``(2) If the person to whom subsection (a) applies is an organization the statement required by this subsection shall include the name, title, and business address of the individual employed by such organization responsible for maintaining the records required by this section. ``(f) It shall be unlawful-- ``(1) for any person to whom subsection (a) applies to fail to create or maintain the records as required by subsections (a) and (c) or by any regulation promulgated under this section; ``(2) for any person to whom subsection (a) applies knowingly to make any false entry in or knowingly to fail to make an appropriate entry in, any record required by subsection (b) or any regulation promulgated under this section; ``(3) for any person to whom subsection (a) applies knowingly to fail to comply with the provisions of subsection (e) or any regulation promulgated pursuant to that subsection; or ``(4) for any person knowingly to sell or otherwise transfer, or offer for sale or transfer, any book, magazine, periodical, film, video, or other matter, produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce or which is intended for shipment in interstate or foreign commerce, that-- ``(A) contains one or more visual depictions made after the date of enactment of this subsection of simulated sexually explicit conduct; and ``(B) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce; which does not have affixed thereto, in a manner prescribed as set forth in subsection (e)(1), a statement describing where the records required by this section may be located, but such person shall have no duty to determine the accuracy of the contents of the statement or the records required to be kept; and ``(5) for any person to whom subsection (a) applies to refuse to permit the Attorney General or his or her designee to conduct an inspection under subsection (c). ``(g) As used in this section, the terms `simulated sexually explicit conduct', `produces', and `performer' have the same meaning as in section 2257(h) of this title. ``(h)(1) Whoever violates this section shall be imprisoned for not more than 1 year, and fined in accordance with the provisions of this title, or both. ``(2) Whoever violates this section in an effort to conceal a substantive offense involving the causing, transporting, permitting or offering or seeking by notice or advertisement, a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct in violation of this title, or to conceal a substantive offense that involved trafficking in material involving the sexual exploitation of a minor, including receiving, transporting, advertising, or possessing material involving the sexual exploitation of a minor with intent to traffic, in violation of this title, shall be imprisoned for not more than 5 years and fined in accordance with the provisions of this title, or both. ``(3) Whoever violates paragraph (2) after having been previously convicted of a violation punishable under that paragraph shall be imprisoned for any period of years not more than 10 years but not less than 2 years, and fined in accordance with the provisions of this title, or both.''. (b) Chapter Analysis.--The chapter analysis for chapter 110 of title 18, United States Code, is amended by inserting after the item for section 2257 the following: ``2257A. Record keeping requirements for simulated sexual conduct.''.

Protecting Children from Sexual Exploitation Act of 2005 - Amends federal criminal code provisions regarding child sexual exploitation to apply recordkeeping requirements applicable to visual depictions of sexually explicit conduct to pictures, digital images, and digitally- or computer-manipulated images of actual human beings. Prohibits any person to whom these provisions apply from refusing to permit the Attorney General to conduct an inspection of records at that person's business premises at a reasonable time. Establishes recordkeeping requirements for simulated sexual conduct.

A bill to enhance protection of children from sexual exploitation by strengthening section 2257 of title 18, United States Code, requiring producers of sexually explicit material to keep and permit inspection of records regarding the age of performers, and for other purposes.

SECTION 1. MILITARY OCCUPATIONAL SPECIALTY TRANSITION (MOST) PROGRAM. (a) In General.--Subchapter II of chapter 36 of title 38, United States Code, is amended by inserting after section 3687 the following new section: ``Sec. 3687A. Military occupational specialty transition (MOST) program ``(a) Establishment; Eligibility.--(1) Subject to the availability of appropriations for such purpose, the Secretary shall carry out a program of training to provide eligible veterans with skills relevant to the job market. ``(2) For purposes of this section, the term `eligible veteran' means any veteran-- ``(A) whose military occupational specialty at the time of discharge is determined by the Secretary to have limited transferability to the civilian job market; ``(B) who is not otherwise eligible for education or training services under this title; ``(C) who has not acquired a marketable skill since leaving military service; ``(D) who was discharged under conditions not less than general under honorable conditions; and ``(E)(i) who has been unemployed for at least 90 days during the 180-day period preceding the date of application for the program established under this section; or ``(ii) the maximum hourly rate of pay of such veteran during such 180-day period is not more than 150 percent of the Federal minimum wage. ``(b) MOST Program.--The program established under this section shall provide for payments to employers who provide for eligible veterans a program of apprenticeship or on-the-job training if-- ``(1) such program is approved as provided in paragraph (1) or (2) of section 3687(a) of this title; ``(2) the rate of pay for veterans participating in the program is not less than the rate of pay for nonveterans in similar jobs; and ``(3) the Secretary reasonably expects that-- ``(A) the veteran will be qualified for employment in that field upon completion of training; and ``(B) the employer providing the program will hire the veteran at the completion of training. ``(c) Payments to Employers.--(1) Subject to the availability of appropriations for such purpose, the Secretary shall enter into contracts with employers to provide programs of apprenticeship or on- the-job training that meet the requirements of this section. Each such contract shall provide for the payment of the amounts described in subsection (b) to employers whose programs meet such requirements. ``(2) The amount paid under this section with respect to any eligible veteran for any period shall be 50 percent of the wages paid by the employer to such veteran for such period. Wages shall be calculated on an hourly basis. ``(3)(A) Except as provided in subparagraph (B)-- ``(i) the amount paid under this section with respect to a veteran participating in the program established under this section may not exceed $20,000 in the aggregate and $1,666.67 per month; and ``(ii) such payments may only be made during the first 12 months of such veteran's participation in the program. ``(B) In the case of a veteran participating in the program on a less than full-time basis, the Secretary may extend the number of months of payments under subparagraph (A) and proportionally adjust the amount of such payments, but the maximum amount paid with respect to a veteran may not exceed the maximum amount of $20,000 and the maximum amount of such payments may not exceed 24 months. ``(4) Payments under this section shall be made on a quarterly basis. ``(5) Each employer providing a program of apprenticeship or on- the-job training pursuant to this section shall submit to the Secretary on a quarterly basis a report certifying the wages paid to eligible veterans under such program (which shall be certified by the veteran as being correct) and containing such other information as the Secretary may specify. Such report shall be submitted in the form and manner required by the Secretary. ``(d) Authorization of Appropriations.--There is authorized to be appropriated $60,000,000 for each of fiscal years 2009 through 2018 to carry out this section. ``(e) Reporting.--The Secretary shall include a detailed description of activities carried out under this section in the annual report prepared by the Veterans Benefits Administration. ``(f) Separate Accounting.--The Department shall have a separate line item in budget proposals of the Department for funds to be appropriated to carry out this section.''. (b) Clerical Amendment.--The table of sections for such chapter is amended by inserting after the item relating to section 3687 the following new item: ``3687A. Military occupational specialty transition (MOST) program.''. (c) Conforming Amendments.--(1) Subsection (a)(1) of section 3034 of such title is amended by striking ``and 3687'' and inserting ``3687, and 3687A''. (2) Subsections (a)(1) and (c) of section 3241 of such title are each amended by striking ``section 3687'' and inserting ``sections 3687 and 3687A''. (3) Subsection (d)(1) of section 3672 of such title is amended by striking ``and 3687'' and inserting ``3687, and 3687A''. (4) Paragraph (3) of section 4102A(b) of such title is amended by striking ``section 3687'' and inserting ``section 3687 or 3687A''.

Directs the Secretary of Veterans Affairs to carry out a program of job training in skills relevant to the job market for discharged veterans who are either currently not paid at more than 150% of the federal minimum wage, or: (1) had a military occupational specialty of limited transferability to the civilian job market; (2) are not otherwise eligible for veterans' education or training services; (3) have not acquired a marketable skill since leaving military service; (4) were discharged under conditions not less than honorable; and (5) have been unemployed for at least 90 of the previous 180 days. Designates the program as the MOST (military occupational specialty transition) Program. Directs the Secretary to contract with employers to provide on-the-job training or apprenticeship programs for such veterans. Limits payments under the program to $20,000 per veteran and 24 months in duration.

To amend title 38, United States Code, to require the Secretary of Veterans Affairs to carry out a program of training to provide eligible veterans with skills relevant to the job market, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reduce Expenditures in Nuclear Infrastructure Now Act'' or the ``REIN-IN Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Berlin Wall fell in 1989, the Soviet Union no longer exists, and the Cold War is over. The nature of threats to the national security and military interests of the United States has changed. However, the United States continues to maintain an enormous arsenal of nuclear weapons and delivery systems that were devised with the Cold War in mind. (2) The current nuclear arsenal of the United States includes approximately 5,000 total nuclear warheads, of which approximately 2,000 are deployed with three delivery components: long-range strategic bomber aircraft, land-based intercontinental ballistic missiles, and submarine-launched ballistic missiles. The bomber fleet of the United States comprises 93 B-52 and 20 B-2 aircraft. The United States maintains 450 intercontinental ballistic missiles. The United States also maintains 14 Ohio-class submarines, up to 12 of which are deployed at sea. Each of those submarines is armed with up to 96 independently targetable nuclear warheads. (3) This Cold War-based approach to nuclear security comes at significant cost. Over the next 10 years, the United States will spend hundreds of billions of dollars maintaining and upgrading its nuclear force, according to the Congressional Budget Office. A substantial decrease in spending on the nuclear arsenal of the United States is prudent for both the budget and national security. (4) The national security interests of the United States can be well served by reducing the total number of deployed nuclear warheads and their delivery systems, as stated by the Department of Defense's June 2013 nuclear policy guidance entitled, ``Report on Nuclear Employment Strategy of the United States''. This guidance found that force levels under the Treaty on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011, between the United States and the Russian Federation (commonly known as the ``New START Treaty'') ``are more than adequate for what the United States needs to fulfill its national security objectives'' and that the force can be reduced by up to \1/3\ below levels under the New START Treaty to 1,000 to 1,100 warheads. (5) Even without additional reductions in deployed strategic warheads, the United States can save tens of billions of dollars by deploying those warheads more efficiently on delivery systems and by deferring production of new delivery systems until they are needed. (6) Economic security and national security are linked and both will be well served by smart defense spending. Admiral Mike Mullen, Chairman of the Joint Chiefs of Staff, stated on June 24, 2010, ``Our national debt is our biggest national security threat'' and on August 2, 2011, stated, ``I haven't changed my view that the continually increasing debt is the biggest threat we have to our national security.''. (7) The Government Accountability Office has found that there is significant waste in the construction of the nuclear facilities of the National Nuclear Security Administration of the Department of Energy. SEC. 3. REDUCTION IN NUCLEAR FORCES. (a) Prohibition on New Long-Range Penetrating Bomber Aircraft.-- Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2014 through 2023 for the Department of Defense may be obligated or expended for the research, development, test, and evaluation or procurement of a long-range penetrating bomber aircraft. (b) Prohibition on F-35 Nuclear Mission.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be used to make the F-35 Joint Strike Fighter aircraft capable of carrying nuclear weapons. (c) Reduction in the B61 Life Extension Program.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended until the Secretary of Defense and the Secretary of Energy jointly certify to Congress that the total cost of the B61 life extension program has been reduced to not more than $5,000,000,000. (d) Termination of W78 Life Extension Program.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the W78 life extension program. (e) Reduction of Nuclear-Armed Submarines.--Notwithstanding any other provision of law, beginning in fiscal year 2020, the forces of the Navy shall include not more than eight ballistic-missile submarines available for deployment. (f) Limitation on SSBN-X Submarines.--Notwithstanding any other provision of law-- (1) none of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2014 through 2023 for the Department of Defense may be obligated or expended for the procurement of an SSBN-X submarine; and (2) none of the funds authorized to be appropriated or otherwise made available for fiscal year 2024 or any fiscal year thereafter for the Department of Defense may be obligated or expended for the procurement of more than eight such submarines. (g) Reduction of Submarine-Launched Ballistic Missiles.-- Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended to maintain more than 250 submarine- launched ballistic missiles. (h) Prohibition on New Intercontinental Ballistic Missile.-- Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2014 through 2023 for the Department of Defense may be obligated or expended for the research, development, test, and evaluation or procurement of a new intercontinental ballistic missile. (i) Reduction of Intercontinental Ballistic Missiles on High Alert Status.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended to maintain more than 150 intercontinental ballistic missiles on a 24-hour, high alert status. (j) Termination of Mixed Oxide Fuel Fabrication Facility Project.-- Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the Mixed Oxide Fuel Fabrication Facility project. (k) Termination of Chemistry and Metallurgy Research Building Replacement Project.--Notwithstanding section 4215 of the Atomic Energy Defense Act (50 U.S.C. 2535) or any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended to replace the Chemistry and Metallurgy Research Building at Los Alamos National Laboratory, Los Alamos, New Mexico. (l) Termination of Uranium Processing Facility.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the Uranium Processing Facility located at the Y-12 National Security Complex, Oak Ridge, Tennessee. (m) Termination of Medium Extended Air Defense System.-- Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended for the medium extended air defense system. SEC. 4. REPORTS REQUIRED. (a) Initial Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Energy shall jointly submit to the appropriate committees of Congress a report outlining the plan of each Secretary to carry out section 3. (b) Annual Report.--Not later than March 1, 2015, and annually thereafter, the Secretary of Defense and the Secretary of Energy shall jointly submit to the appropriate committees of Congress a report outlining the plan of each Secretary to carry out section 3, including any updates to previously submitted reports. (c) Annual Nuclear Weapons Accounting.--Not later than September 30, 2015, and annually thereafter, the President shall transmit to the appropriate committees of Congress a report containing a comprehensive accounting by the Director of the Office of Management and Budget of the amounts obligated and expended by the Federal Government for each nuclear weapon and related nuclear program during-- (1) the fiscal year covered by the report; and (2) the life cycle of such weapon or program. (d) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Energy and Commerce, and the Committee on Natural Resources of the House of Representatives.

Reduce Expenditures in Nuclear Infrastructure Now Act or the REIN-IN Act - Prohibits the obligation or expenditure of funds authorized to be appropriated to the Department of Defense (DOD) for FY2014-FY2023: (1) for the research, development, test, and evaluation (RDT&E) or procurement of a long-range penetrating bomber aircraft; (2) to procure an SSBN-X submarine (and prohibits the use of such funds for FY2024 and thereafter to procure more than eight such submarines); or (3) for the RDT&E or procurement of a new intercontinental ballistic missile (ICBM). Prohibits the obligation or expenditure of funds authorized to be appropriated for FY2014 or thereafter for DOD or the Department of Energy (DOE): (1) to make the F-35 Joint Strike Fighter aircraft capable of carrying nuclear weapons; (2) until the Secretary of Defense and the Secretary of Energy jointly certify that the total cost of the B61 life extension program has been reduced to not more than $5 billion; (3) for the W78 life extension program; (4) for the mixed oxide fuel fabrication facility project; (5) to replace the chemistry and metallurgy research building at Los Alamos National Laboratory, Los Alamos, New Mexico; or (6) for the uranium processing facility at the Y-12 National Security Complex, Oak Ridge, Tennessee. Prohibits Navy forces, beginning in FY2020, from including more than eight operational ballistic-missile submarines available for deployment. Prohibits the use of DOD funds for FY2014 or thereafter: (1) to maintain more than 250 submarine-launched ballistic missiles; (2) to maintain more than 150 intercontiental ballistic missiles (ICBMs) on a 24-hour, high alert status; or (3) for the medium extended air defense system. Requires initial and annual reports from the Secretaries of Defense and Energy outlining their respective plans to carry out the requirements of this Act. Directs the President to submit to Congress an annual report containing a comprehensive accounting by the Director of the Office of Management and Budget (OMB) of the amounts obligated or expended by the federal government for each nuclear weapon and related nuclear program during the fiscal year covered by the report for the life cycle of such weapon or program.

REIN-IN Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission to Eliminate Waste in Government Act of 2001''. SEC. 2. ESTABLISHMENT. There is established the National Commission to Eliminate Waste in Government (in this Act referred to as the ``Commission''). SEC. 3. DUTIES. (a) In General.--It shall be the duty of the Commission to-- (1) conduct a private sector survey on management and cost control in the Federal Government; (2) conduct in-depth reviews of the operations of the executive agencies; (3)(A) review existing reports from the Government Accounting Office, the Congressional Budget Office, and the various Inspector General offices within executive agencies, reports and other existing governmental and nongovernmental recommendations for reducing waste, including recommendations from the President's Private Sector Survey on Cost Control; and (B) based on the review under subparagraph (A), periodically submit reports to the President and Congress including-- (i) a list of such recommendations that the Commission determines are most significant; (ii) the estimated savings of the recommendations; and (iii) determinations of whether the recommendations can be implemented by Executive order or require legislative action; and (4) submit to the President and the Congress recommendations for improving the budget process and management and for reducing waste and costs in the Federal Government. (b) Particular Areas To Be Examined.--In fulfilling the duties described under subsection (a), the Commission shall identify and address-- (1) opportunities for increased efficiency and reduced costs in the Federal Government that can be realized by Executive action or legislation; (2) areas in the Federal Government where managerial accountability can be enhanced and administrative control can be improved; (3) specific Federal programs that have accomplished their objectives and should be terminated; (4) specific Federal program services that could be provided at a lower cost by the private sector; (5) specific reforms of the budget process that would yield savings, increase accountability and efficiency, and enhance public confidence in the budget process; and (6) specific areas in the Federal Government where further study can be justified by potential savings. SEC. 4. MEMBERSHIP. (a) Number and Appointment.-- (1) Number.--The Commission shall be composed of 12 members who are not officers or employees of any government and who are especially qualified to serve on the Commission by virtue of their education, training, or experience. (2) Political party representation.--Not more than 6 members of the Commission shall be of the same political party. (3) Appointment.--The members of the Commission shall be appointed as follows: (A) 4 individuals shall be appointed by the President, not more than 2 of whom shall be from the same political party. (B) 3 individuals shall be appointed by the Speaker of the House of Representatives, not more than 2 of whom shall be from the same political party. (C) 1 individual shall be appointed by the minority leader of the House of Representatives. (D) 3 individuals shall be appointed by the majority leader of the Senate, not more than 2 of whom shall be from the same political party. (E) 1 individual shall be appointed by the minority leader of the Senate. (b) Continuation of Membership.--If an individual is appointed to the Commission, and later becomes an officer or employee of a government, such individual may continue as a member of the Commission for not longer than the 30-day period beginning on the date such individual becomes such an officer or employee. (c) Appointment of Members.--Appointments shall be made not later than 30 days after the date of enactment of this Act. (d) Terms.--Each member shall be appointed for the life of the Commission. (e) Vacancies.--A vacancy in the Commission shall be filled within 30 days in the manner in which the original appointment was made. (f) Compensation.--Federal funds may not be used to pay any member of the Commission for services performed as a member. (g) Quorum.--Five members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (h) Chairperson.--The Chairperson of the Commission shall be elected by the members from among the members. (i) Meetings.--The Commission shall meet at least once each month at the call of the Chairperson of the Commission. SEC. 5. STAFF AND SUPPORT SERVICES. (a) Director.--The Commission shall have a Director appointed by the Chairperson of the Commission and paid a rate determined by the Commission. (b) Staff.--With the approval of the Commission, the Director of the Commission may appoint personnel as the Director considers appropriate. SEC. 6. POWERS. (a) Hearings and Sessions.--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. (b) Delegation of Authority.--Any Member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Information.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of the Federal agency shall furnish the information to the Commission. (d) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for supplies or services without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 7. REPORTS. (a) Periodic Reports.--In accordance with section 3(a)(3), the Commission shall issue periodic reports to the President and the Congress. (b) Final Report.--Not later than the expiration of the 24-month period beginning on the date of enactment of this Act, the Commission shall submit to the President and the Congress a final report setting forth the findings and conclusions of the Commission and specific recommendations for legislative and administrative actions that the Commission determines to be appropriate. SEC. 8. TERMINATION. The Commission shall terminate not later than the expiration of the 30-day period beginning on the date on which the Commission submits its final report under section 7(b). SEC. 9 FUNDING AND SUPPORT. The Commission shall be funded, staffed, and equipped by the private sector without cost to the Federal Government.

National Commission to Eliminate Waste in Government Act of 2001 - Establishes the National Commission to Eliminate Waste in Government to: (1) conduct a private sector survey on management and cost control in Government; (2) conduct in-depth reviews of executive agency operations; (3) review existing General Accounting Office, Congressional Budget Office, and various Inspector General offices' reports and other existing governmental and nongovernmental recommendations for reducing waste, including recommendations from the President's Private Sector Survey on Cost Control, and to periodically report to the President and Congress on such recommendations that are most significant, on the estimated savings from such recommendations, and on whether the recommendations can be implemented by executive order or require legislative action; and (4) submit to the President and Congress recommendations for improving the budget process and management and for reducing waste and costs.Requires the Commission to be funded, staffed, and equipped by the private sector without cost to the Government.

A bill to establish a National Commission to Eliminate Waste in Government.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preservation of Antibiotics for Human Treatment Act of 2002''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Several antibiotics and classes of antibiotics, particularly penicillins, tetracyclines, macrolides (including but not limited to erythromycin and tylosin), lincomycin, bacitracin, virginiamycin, aminoglycosides, and sulfonamides, that either are used in or are related to antibiotics used in humans to treat infectious diseases are also routinely administered to healthy agricultural animals, generally via feed or water, in order to promote the animals' growth or to prevent disease. Such uses do not require a veterinarian's prescription. (2) Mounting scientific evidence shows that this nontherapeutic use of antibiotics in agricultural animals can lead to development of antibiotic-resistant bacteria that can be transferred to people, making it harder to treat certain infections. (3) In 1969, the Swann Committee was formed in the United Kingdom to examine the public health effects of use of antimicrobial drugs in food-producing animals. The Committee recommended that antimicrobials be divided into ``feed'' and ``therapeutic'' classes of drugs and that the ``feed'' class not include drugs used therapeutically in humans or animals. Most developed countries in the world, with the exception of the United States and Canada, restrict the use of antimicrobials in animal production systems for growth promotion. (4) In 1997, the World Health Organization recommended that antibiotics used to treat humans should not also be used to promote animal growth, although such antibiotics could still be used to treat ill animals. (5) In July 1998, the National Academy of Sciences, in a report prepared at the request of the United States Department of Agriculture and the Food and Drug Administration, concluded ``there is a link between the use of antibiotics in food animals, the development of bacterial resistance to these drugs, and human disease''. (6) In December 1998, health ministers for the European Union countries voted to ban the remaining human-use antibiotics still in use to promote animal growth. The ban on using virginiamycin, tylosin, spiramycin, and bacitracin in animal feed became effective for the 15 member states of the European Union on July 1, 1999. Prior to that action, individual European countries, including the United Kingdom, Denmark, Finland, and Sweden, had banned the use in animal feed of specific antibiotics. (7) An April 1999 study by the General Accounting Office concluded that resistant strains of three microorganisms that cause foodborne illness or disease in humans--salmonella, campylobacter, and E. coli--are linked to the use of antibiotics in animals. (8) In October 2000, the Food and Drug Administration issued a notice announcing its intention to withdraw approvals for use of fluoroquinolone antibiotics in poultry, in light of the fact that increased resistance to fluoroquinolones in certain bacteria followed approval of those antibiotics for such use in the mid-1990s. While one company (Abbott Laboratories) immediately agreed to voluntarily withdraw its product, the only other manufacturer (Bayer Corp.) is contesting FDA's proposed withdrawal and continues to market its product. Previous proceedings by FDA to withdraw approval of animal drugs have taken substantial amounts of time following initiation of formal action by FDA, including 6 years in one instance and 20 in another. (9) In November 2000, the American Medical Association, American Public Health Association, and other health organizations urged Bayer Corp. to comply voluntarily with FDA's proposed ban. (10) In June 2001, the American Medical Association adopted a resolution opposing nontherapeutic use of antimicrobials in animal agriculture. Organizations that have taken a similar position include the American College of Preventive Medicine, the American Public Health Association, and the Council of State and Territorial Epidemiologists. (11) In October 2001, the New England Journal of Medicine published a guest editorial titled ``Antimicrobials in Animal Feed--Time to Stop''. The editorial urged a ban on nontherapeutic use in animals of medically important antibiotics, and on use in animals of fluoroquinolones. (12) In January 2001, a Federal Interagency Task Force released an Action Plan, which notes that ``drug-resistant pathogens are a growing menace to all people, regardless of age, gender, or socioeconomic background. If we do not act to address the problem... [d]rug choices for the treatment of common infections will become increasingly limited and expensive--and, in some cases, nonexistent.''. (13) Scientific studies have shown that resistance traits can be transferred among unrelated species of bacteria, including from nonpathogens to pathogens. SEC. 3. REQUIRING PROOF OF SAFETY OF ANTIMICROBIAL NEW ANIMAL DRUGS. (a) Nontherapeutic Use; Applications Pending on or Submitted After Enactment.--Section 512(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(d)(1)) is amended-- (1) in subparagraph (H), by striking ``or'' at the end; (2) by redesignating subparagraph (I) as subparagraph (J); (3) by inserting after subparagraph (H) the following subparagraph: ``(I) such drug is an antimicrobial new animal drug and the applicant has failed to demonstrate that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable, in whole or in part, to the nontherapeutic use of such drug; or''; and (4) in the matter after and below subparagraph (J) (as redesignated by paragraph (2) of this subsection), by striking ``(A) through (I)'' and inserting ``(A) through (J)''. (b) Nontherapeutic Use; Rescinding of Approval for Certain Currently Approved Drugs.--Section 512 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b) is amended by adding at the end the following subsection: ``(q) With respect to each antimicrobial new animal drug for which, as of the day before the date of the enactment of the Preservation of Antibiotics for Human Treatment Act of 2002, there was in effect an approval of an application filed pursuant to subsection (b), the approval of a nontherapeutic use of such drug (including use through animal feed that bears or contains such drug) is subject to the following, as applicable: ``(1) In the case of penicillins, tetracyclines, macrolides (including but not limited to erythromycin and tylosin), lincomycin, bacitracin, virginiamycin, aminoglycosides, and sulfonamides: ``(A) Each approval of a nontherapeutic use of any of such drugs in an animal is rescinded upon the expiration of the two-year period beginning on such date of enactment unless, before the expiration of such period, the Secretary determines that the holder of the approved application has demonstrated that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable, in whole or in part, to the nontherapeutic use of such drug. ``(B) In carrying out subparagraph (A), the Secretary may not consider any data regarding the antimicrobial new animal drug involved that is submitted to the Secretary after the expiration of the 180-day period beginning on such date of enactment, unless such data were not available for submission within such 180-day period. ``(C) If pursuant to subparagraph (A) the Secretary determines, with respect to the antimicrobial new animal drug involved, that there is not a reasonable certainty of no harm to human health, the Secretary may issue an order withdrawing approval of such drug at any time before the date on which the drug would be rescinded under such subparagraph. ``(2) In the case of an antimicrobial new animal drug that is not referred to in paragraph (1): ``(A) If the Secretary grants an exemption under section 505(i) regarding such a drug, or a drug with substantially the same active ingredients, each approval of a nontherapeutic use of such new animal drug in an animal is rescinded upon the expiration of the two-year period beginning on the date on which the Secretary provides notice in accordance with subparagraph (C) regarding the new animal drug, except as provided in subparagraph (D). Such notice shall be so provided not later than 10 days after the date on which the Secretary grants the exemption under section 505(i). ``(B) If an application for such a drug, or a drug with substantially the same active ingredients, is submitted to the Secretary under section 505(b) or under section 351 of the Public Health Service Act, and the Secretary has not previously granted an exemption under section 505(i) regarding the drug, each approval of a nontherapeutic use of such new animal drug in an animal is rescinded upon the expiration of the two-year period beginning on the date on which the Secretary provides notice in accordance with subparagraph (C) regarding the new animal drug, except as provided in subparagraph (D). Such notice shall be so provided not later than 10 days after the date on which the Secretary receives the application under section 505(b) or under such section 351, as the case may be. ``(C) For purposes of subparagraph (A) and (B), notice regarding the antimicrobial new animal drug involved is provided in accordance with this subparagraph if the Secretary informs the holder of the approved application for the nontherapeutic use of such drug, in writing, of the applicability of this paragraph to such application (including that approval of the application will be rescinded, except as provided in subparagraph (D), and including the opportunity under subparagraph (E) to submit data). ``(D) Subparagraph (A) or (B), as the case may be, applies to the antimicrobial new animal drug involved unless, before the date on which approval would be rescinded under such subparagraph, the Secretary determines that the holder of the approved application has demonstrated that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable, in whole or in part, to the nontherapeutic use of such drug. ``(E) In carrying out subparagraph (A) or (B), the Secretary may not consider any data regarding the antimicrobial new animal drug involved that is submitted to the Secretary after the expiration of the 180-day period beginning on the date on which the Secretary provides notice in accordance with subparagraph (C) to the holder of the approved application for the nontherapeutic use of such drug. ``(F) If pursuant to subparagraph (A) or (B) the Secretary determines, with respect to the antimicrobial new animal drug involved, that there is not a reasonable certainty of no harm to human health, the Secretary may issue an order withdrawing approval of such drug at any time before the date on which the drug would be rescinded under such subparagraph.''. (c) All Uses of Fluoroquinolones in Poultry; Rescinding of Approval for Currently Approved Drugs.--Section 512 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (b) of this section, is amended by adding at the end the following: ``(r) With respect to a fluoroquinolone for which, as of the day before the date of the enactment of the Preservation of Antibiotics for Human Treatment Act of 2002, there was in effect an approval of an application filed pursuant to subsection (b), the use of such drug (including use through animal feed that bears or contains such drug) is subject to the following: ``(1) Each approval of the use of such drug in poultry is rescinded upon the expiration of the 180-day period beginning on such date of enactment unless, before the expiration of such period, the Secretary determines that the holder of the approved application has demonstrated that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable, in whole or in part, to the use of such drug in poultry. ``(2) In carrying out paragraph (1), the Secretary may not consider any data regarding a fluoroquinolone that is submitted to the Secretary by the holder of the approved application unless such data has been submitted to FDA Docket No. 00N-1571. The preceding sentence may not be construed as requiring the Secretary to accept further submissions to such docket if the period designated by the Secretary for the receipt of such submissions has ended.''. (d) Definition of Nontherapeutic Use.--Section 512 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (c) of this section, is amended by adding at the end the following: ``(s) For purposes of this section, the term `nontherapeutic use', with respect to an antimicrobial new animal drug, means any use of such drug in an animal in the absence of disease, including use for growth promotion, feed efficiency, or routine disease prevention.''.

Preservation of Antibiotics for Human Treatment Act of 2002 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services to refuse to approve an application for an antimicrobial new animal drug when the applicant fails to demonstrate to a reasonable certainty that human health will not be harmed because of the development of antimicrobial resistance attributable to the nontherapeutic use of such drug.Rescinds within a specified period existing approvals and exemptions concerning the nontherapeutic use of certain antimicrobial drugs until the applicant meets the same standard of lack of harm to human health as required for new animal drugs, including the use of penicillins, tetracyclines, macrolides, lincomycin, bacitracin, virginiamycin, aminoglycosides, and sulfonamides in an animal and fluroroquinolones in poultry.

To amend the Federal Food, Drug, and Cosmetic Act to ensure that use of certain antibiotic drugs in animal agriculture does not compromise human health by contributing to the development of antibiotic resistance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Creating Opportunities for Rural Economic Expansion Act'' or the ``CORE Act''. SEC. 2. ADDITIONAL NEW MARKETS TAX CREDIT FOR DISTRESSED COAL COMMUNITIES. (a) In General.--Section 45D(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Set aside of portion of limitation for distressed coal communities.-- ``(A) In general.--For any calendar year after 2016, not less than 5 percent of the new markets tax credit limitation shall be allocated to qualified community development entities in connection with qualified investments the proceeds of which are substantially used to make qualified coal community investments. ``(B) Qualified coal community investment.--For purposes of this paragraph-- ``(i) In general.--The term `qualified coal community investment' means-- ``(I) any capital or equity investment in, or loan to, any qualified active distressed coal community business, ``(II) the purchase from another community development entity of any loan made by such entity which is a qualified coal community investment, ``(III) financial counseling and other services specified in regulations prescribed by the Secretary to businesses located in, and residents of, distressed coal communities, and ``(IV) any equity investment in, or loan to, any qualified community development entity in connection with qualified investments the proceeds of which are substantially used to make qualified coal community investments. ``(ii) Qualified active distressed coal community business.--The term `qualified active coal community business' means any business which would be a qualified active low-income community business if paragraphs (2) and (3) of subsection (d) were applied by substituting `distressed coal community' for `low-income community' each place it appears. ``(iii) Distressed coal community.-- ``(I) In general.--The term `distressed coal community' means any low-income community which is located in a county which-- ``(aa) was one of the 30 counties with the biggest employment decrease among coal operators (as determined under reports issued by the Mine Safety and Health Administration) for an applicable period, or ``(bb) is contiguous to a county which-- ``(AA) is described in item (aa) and is within the same State as such county, and ``(BB) contains not less than 1 low-income community. ``(II) Applicable periods.--For purposes of subclause (I)(aa), the term `applicable period' means any of the following periods: ``(aa) Calendar year 2013 compared to calendar year 2012. ``(bb) Calendar year 2014 compared to calendar year 2013. ``(cc) Calendar year 2015 compared to calendar year 2014. ``(C) Limitation of allocation of set aside.-- ``(i) In general.--In allocating the portion of the new markets tax credit limitation to which subparagraph (A) applies, the Secretary shall ensure that, with respect to any eligible State, not less than the minimum percentage of such limitation is allocated to qualified community development entities making qualified coal community investments in such eligible State. ``(ii) Minimum percentage.--For purposes of clause (i), the minimum percentage for any eligible State is the percentage equal to 80 percent of the ratio of-- ``(I) the qualified coal operator employment decrease in such State, to ``(II) the total qualified coal operator employment decrease in all eligible States. ``(iii) Qualified coal operator employment decrease.--For purposes of clause (ii), the term `qualified coal operator employment decrease' means, with respect to any eligible State, the aggregate amount of employment decrease among coal operators for all counties in such State-- ``(I) in which there is a low- income community, and ``(II) which are taken into account under item (aa) of subparagraph (B)(iii)(I). ``(iv) Eligible state.--For purposes of this subparagraph, the term `eligible State' means any State in which there is a distressed coal community. ``(D) Application of carryover.--Paragraph (3) shall be applied separately with respect to amounts described in subparagraph (A).''. (b) Application of Recapture Rules.--Section 45D(g)(3)(B) of the Internal Revenue Code of 1986 is amended by inserting ``(or, in the case of an investment described in subsection (f)(4), as required under such subsection)'' after ``(b)(1)(B)''.

Creating Opportunities for Rural Economic Expansion Act or the CORE Act This bill amends the Internal Revenue Code to require at least 5% of the new markets tax credit limitation to be allocated to community development entities in connection with certain investments, financial counseling, and other services in distressed coal communities. A "distressed coal community" is any low-income community located in a county that: (1) was one of the 30 counties with the biggest employment decrease among coal operators over a specified time period; or (2) is contiguous to a county that has the required decrease in employment, is located in the same state, and contains at least one low-income community.

CORE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Embassy Employee Compensation Act''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Claimant.--The term ``claimant'' means an individual filing a claim for compensation under section 5(a)(1). (2) Collateral source.--The term ``collateral source'' means all collateral sources, including life insurance, pension funds, death benefit programs, and payments by Federal, State, or local governments related to the bombings of United States embassies in East Africa on August 7, 1998. (3) Economic loss.--The term ``economic loss'' means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. (4) Eligible individual.--The term ``eligible individual'' means an individual determined to be eligible for compensation under section 5(c). (5) Noneconomic losses.--The term ``noneconomic losses'' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature. (6) Special master.--The term ``Special Master'' means the Special Master appointed under section 404(a) of the September 11th Victim Compensation Fund of 2001 (title IV of the Air Transportation Safety and System Stabilization Act (Public Law 107-42; 115 Stat. ____)). SEC. 3. PURPOSE. It is the purpose of this Act to provide compensation to any individual (or relatives of a deceased individual) who was physically injured or killed as a result of the bombings of United States embassies in East Africa on August 7, 1998. SEC. 4. ADMINISTRATION. (a) In General.--The Attorney General, acting through the Special Master, shall-- (1) administer the compensation program established under this Act; (2) promulgate all procedural and substantive rules for the administration of this Act; and (3) employ and supervise hearing officers and other administrative personnel to perform the duties of the Special Master under this Act. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to pay the administrative and support costs for the Special Master in carrying out this Act. SEC. 5. DETERMINATION OF ELIGIBILITY FOR COMPENSATION. (a) Filing of Claim.-- (1) In general.--A claimant may file a claim for compensation under this Act with the Special Master. The claim shall be on the form developed under paragraph (2) and shall state the factual basis for eligibility for compensation and the amount of compensation sought. (2) Claim form.-- (A) In general.--The Special Master shall develop a claim form that claimants shall use when submitting claims under paragraph (1). The Special Master shall ensure that such form can be filed electronically, if determined to be practicable. (B) Contents.--The form developed under subparagraph (A) shall request-- (i) information from the claimant concerning the physical harm that the claimant suffered, or in the case of a claim filed on behalf of a decedent information confirming the decedent's death, as a result of the bombings of United States embassies in East Africa on August 7, 1998; (ii) information from the claimant concerning any possible economic and noneconomic losses that the claimant suffered as a result of such bombings; and (iii) information regarding collateral sources of compensation the claimant has received or is entitled to receive as a result of such bombings. (3) Limitation.--No claim may be filed under paragraph (1) after the date that is 2 years after the date on which regulations are promulgated under section 7. (b) Review and Determination.-- (1) Review.--The Special Master shall review a claim submitted under subsection (a) and determine-- (A) whether the claimant is an eligible individual under subsection (c); (B) with respect to a claimant determined to be an eligible individual-- (i) the extent of the harm to the claimant, including any economic and noneconomic losses; and (ii) the amount of compensation to which the claimant is entitled based on the harm to the claimant, the facts of the claim, and the individual circumstances of the claimant. (2) Negligence.--With respect to a claimant, the Special Master shall not consider negligence or any other theory of liability. (3) Determination.--Not later than 120 days after that date on which a claim is filed under subsection (a), the Special Master shall complete a review, make a determination, and provide written notice to the claimant, with respect to the matters that were the subject of the claim under review. Such a determination shall be final and not subject to judicial review. (4) Rights of claimant.--A claimant in a review under paragraph (1) shall have-- (A) the right to be represented by an attorney; (B) the right to present evidence, including the presentation of witnesses and documents; and (C) any other due process rights determined appropriate by the Special Master. (5) No punitive damages.--The Special Master may not include amounts for punitive damages in any compensation paid under a claim under this Act. (6) Collateral compensation.--The Special Master shall reduce the amount of compensation determined under paragraph (1)(B)(ii) by the amount of the collateral source compensation the claimant has received or is entitled to receive as a result of the bombings of United States embassies in East Africa on August 7, 1998. (c) Eligibility.-- (1) In general.--A claimant shall be determined to be an eligible individual for purposes of this subsection if the Special Master determines that such claimant-- (A) is an individual described in paragraph (2); and (B) meets the requirements of paragraph (3). (2) Individuals.--A claimant is an individual described in this paragraph if the claimant is-- (A) a citizen of the United States who-- (i) was present at the United States Embassy in Nairobi, Kenya, or the United States Embassy in Dar es Salaam, Tanzania, at the time, or in the immediate aftermath, of the bombings of United States embassies in East Africa on August 7, 1998; and (ii) suffered physical harm or death as a result of such a bombing; or (B) in the case of a decedent who is an individual described in subparagraph (A), the personal representative of the decedent who files a claim on behalf of the decedent. (3) Requirements.-- (A) Single claim.--Not more than one claim may be submitted under this Act by an individual or on behalf of a deceased individual. (B) Limitation on civil action.-- (i) In general.--Upon the submission of a claim under this Act, the claimant waives the right to file a civil action (or to be a party to an action) in any Federal or State court for damages sustained as a result of the bombings of United States embassies in East Africa on August 7, 1998. The preceding sentence does not apply to a civil action to recover collateral source obligations. (ii) Pending actions.--In the case of an individual who is a party to a civil action described in clause (i), such individual may not submit a claim under this Act unless such individual withdraws from such action by the date that is 90 days after the date on which regulations are promulgated under section 7. SEC. 6. PAYMENTS TO ELIGIBLE INDIVIDUALS. (a) In General.--Not later than 20 days after the date on which a determination is made by the Special Master regarding the amount of compensation due a claimant under this Act, the Special Master shall authorize payment to such claimant of the amount determined with respect to the claimant. (b) Payment Authority.--This Act constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment of amounts for compensation under this Act. (c) Additional Funding.-- (1) In general.--The Attorney General is authorized to accept such amounts as may be contributed by individuals, business concerns, or other entities to carry out this Act, under such terms and conditions as the Attorney General may impose. (2) Use of separate account.--In making payments under this section, amounts contained in any account containing funds provided under paragraph (1) shall be used prior to using appropriated amounts. SEC. 7. REGULATIONS. Not later than 90 days after the date of enactment of this Act, the Attorney General, in consultation with the Special Master, shall promulgate regulations to carry out this Act, including regulations with respect to-- (1) forms to be used in submitting claims under this Act; (2) the information to be included in such forms; (3) procedures for hearing and the presentation of evidence; (4) procedures to assist an individual in filing and pursuing claims under this Act; and (5) other matters determined appropriate by the Attorney General. SEC. 8. RIGHT OF SUBROGATION. The United States shall have the right of subrogation with respect to any claim paid by the United States under this Act. Passed the House of Representatives May 21, 2002. Attest: JEFF TRANDAHL, Clerk.

Embassy Employee Compensation Act - Directs the Attorney General, through the Special Master appointed under the September 11th Victim Compensation Fund of 2001, to administer compensation to American victims of the August 7, 1998, bombings of the U.S. embassies in Kenya and Tanzania. Authorizes appropriations.(Sec. 5) Requires claimants to provide information to the Special Master concerning the physical harm suffered and any possible economic and noneconomic losses incurred from the bombings, as well as the "collateral sources" of compensation received or entitled to be received, defined as life insurance, pension funds, death benefit programs and payments by Federal, State, or local governments. Sets a two-year limit on filing claims, beginning after the promulgation of regulations to implement the Act.Directs the Special Master to determine whether a claimant is eligible for compensation and, if so, the amount to be disbursed based on harm suffered, facts of the claim, and individual circumstances of the claimant.Prohibits the Special Master from considering negligence or any other theory of liability with regard to claimants. Requires completion of the review and determination of a claim within 120 days after it is filed. Makes the Special Master's decision on a claim final and not subject to judicial review.Specifies that punitive damages may not be awarded. Requires that any award be reduced by collateral source compensation a claimant has received or is entitled to receive.Makes eligible to receive compensation any U.S. citizens who suffered physical harm from the bombing of the United States embassy in Nairobi, Kenya, or from the bombing of the embassy in Dar es Salaam, Tanzania. Permits personal representatives of U.S. citizens killed by either bombing to receive compensation on behalf of the deceased.Limits claims to one per individual. Provides that upon filing a claim, an individual waives the right to seek damages in civil suits in Federal or State courts, except for pursuing collateral source compensation.(Sec. 6) Requires the Special Master to authorize payments to eligible claimants not later than 20 days after the date on which the determination of the amount has been made.Declares that this Act constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment of compensation under the Act.Authorizes the Attorney General to accept contributions from individuals, business concerns, and other entities to carry out the Act, and directs the Attorney General to use donated funds before appropriated funds.(Sec. 8) Declares that the United States has the right of subrogation with respect to any claim paid from U.S. funds under the Act.

To provide compensation for the United States citizens who were victims of the bombings of United States embassies in East Africa on August 7, 1998, on the same basis as compensation is provided to victims of the terrorist-related aircraft crashes on September 11, 2001.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Troubled Asset Relief Program Enhancement Act''. SEC. 2. ENHANCED OVERSIGHT OF THE TARP. (a) In General.--Section 116 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5226) is amended-- (1) in subsection (a)(1)(A)-- (A) in clause (iii), by striking ``and'' at the end; (B) in clause (iv), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(v) public accountability for the exercise of such authority, including with respect to actions taken by those entities participating in programs established under this Act.''; and (2) in subsection (a)(2)-- (A) by redesignating subparagraph (C) as subparagraph (E); and (B) by striking subparagraph (B) and inserting the following: ``(B) Access to records.-- ``(i) In general.--Notwithstanding any other provision of law, and for purposes of reviewing the performance of the Troubled Asset Relief Program, the Comptroller General shall have access, upon request, to any information, data, schedules, books, accounts, financial records, reports, files, electronic communications, or other papers, things, or property belonging to or in use by the TARP, any entity established by the Secretary under this Act, or any entity participating in a program established under the authority of this Act, and to the officers, employees, directors, independent public accountants, financial advisors and any and all other agents and representatives thereof, at such time as the Comptroller General may request. ``(ii) Verification.--The Comptroller General shall be afforded full facilities for verifying transactions with the balances or securities held by, among others, depositories, fiscal agents, and custodians. ``(iii) Copies.--The Comptroller General may make and retain copies of such books, accounts, and other records as the Comptroller General deems appropriate. ``(C) Agreement by entities.--Each contract, term sheet, or other agreement between the Secretary or the TARP (or any TARP vehicle, officer, director, employee, independent public accountant, financial advisor, or other TARP agent or representative) and an entity participating in a program established under this Act shall provide for access by the Comptroller General in accordance with this section. ``(D) Restriction on public disclosure.-- ``(i) In general.--The Comptroller General may not publicly disclose proprietary or trade secret information obtained under this section. ``(ii) Exception for congressional committees.--This subparagraph does not limit disclosures to congressional committees or members thereof having jurisdiction over any private or public entity participating in a program established under this Act. ``(iii) Rule of construction.--Nothing in this section shall be construed to alter or amend the prohibitions against the disclosure of trade secrets or other information prohibited by section 1905 of title 18, United States Code, or other applicable provisions of law.''. (b) Authorization of Appropriation.--There is authorized to be appropriated to the Comptroller General of the United States for each of fiscal years 2010 and 2011 an additional amount not to exceed $5,000,000 to cover any additional expenses incurred in carrying out the responsibilities of the Comptroller General under section 116 of the Emergency Economic Stabilization Act of 2008 with respect to the Troubled Asset Relief Program.

Troubled Asset Relief Program Enhancement Act - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to require the Comptroller General to oversee the performance of the Troubled Asset Relief Program (TARP) in meeting EESA purposes involving public accountability for the exercise of its authority. Grants the Comptroller General access, upon request, to any information, data, schedules, books, accounts, financial records, reports, files, electronic communications, or other papers, things, or property belonging to or in use by the TARP, any entity established by the Secretary under EESA, or any entity participating in a program established under EESA, and to any of their officers, employees, directors, independent public accountants, financial advisors and any and all other agents and representatives. Requires the Comptroller General to be afforded full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians. Prohibits the Comptroller General from disclosing publicly any proprietary or trade secret information obtained under this Act.

To enhance the oversight authority of the Comptroller General of the United States with respect to expenditures under the Troubled Asset Relief Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Satisfying Energy Needs and Saving the Environment Act'' or the ``SENSE Act''. SEC. 2. STANDARDS FOR COAL REFUSE POWER PLANTS. (a) Definitions.--In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Boiler operating day.--The term ``boiler operating day'' has the meaning given such term in section 63.10042 of title 40, Code of Federal Regulations, or any successor regulation. (3) Coal refuse.--The term ``coal refuse'' means any byproduct of coal mining, physical coal cleaning, or coal preparation operation that contains coal, matrix material, clay, and other organic and inorganic material. (4) Coal refuse electric utility steam generating unit.-- The term ``coal refuse electric utility steam generating unit'' means an electric utility steam generating unit that-- (A) is in operation as of the date of enactment of this Act; (B) uses fluidized bed combustion technology to convert coal refuse into energy; and (C) uses coal refuse as at least 75 percent of the annual fuel consumed, by heat input, of the unit. (5) Coal refuse-fired facility.--The term ``coal refuse- fired facility'' means all coal refuse electric utility steam generating units that are-- (A) located on one or more contiguous or adjacent properties; (B) specified within the same Major Group (2-digit code), as described in the Standard Industrial Classification Manual (1987); and (C) under common control of the same person (or persons under common control). (6) Electric utility steam generating unit.--The term ``electric utility steam generating unit'' means an electric utility steam generating unit, as such term is defined in section 63.10042 of title 40, Code of Federal Regulations, or any successor regulation. (b) Emission Limitations To Address Hydrogen Chloride and Sulfur Dioxide as Hazardous Air Pollutants.-- (1) Applicability.--For purposes of regulating emissions of hydrogen chloride or sulfur dioxide from a coal refuse electric utility steam generating unit under section 112 of the Clean Air Act (42 U.S.C. 7412), the Administrator-- (A) shall authorize the operator of such unit to elect that such unit comply with either-- (i) an emissions standard for emissions of hydrogen chloride that meets the requirements of paragraph (2); or (ii) an emission standard for emissions of sulfur dioxide that meets the requirements of paragraph (2); and (B) may not require that such unit comply with both an emission standard for emissions of hydrogen chloride and an emission standard for emissions of sulfur dioxide. (2) Rules for emission limitations.-- (A) In general.--The Administrator shall require an operator of a coal refuse electric utility steam generating unit to comply, at the election of the operator, with no more than one of the following emission standards: (i) An emission standard for emissions of hydrogen chloride from such unit that is no more stringent than an emission rate of 0.002 pounds per million British thermal units of heat input. (ii) An emission standard for emissions of hydrogen chloride from such unit that is no more stringent than an emission rate of 0.02 pounds per megawatt-hour. (iii) An emission standard for emissions of sulfur dioxide from such unit that is no more stringent than an emission rate of 0.20 pounds per million British thermal units of heat input. (iv) An emission standard for emissions of sulfur dioxide from such unit that is no more stringent than an emission rate of 1.5 pounds per megawatt-hour. (v) An emission standard for emissions of sulfur dioxide from such unit that is no more stringent than capture and control of 93 percent of sulfur dioxide across the generating unit or group of generating units, as determined by comparing-- (I) the expected sulfur dioxide generated from combustion of fuels emissions calculated based upon as- fired fuel samples, to (II) the actual sulfur dioxide emissions as measured by a sulfur dioxide continuous emission monitoring system. (B) Measurement.--An emission standard described in subparagraph (A) shall be measured as a 30 boiler operating day rolling average per coal refuse electric utility steam generating unit or group of coal refuse electric utility steam generating units located at a single coal refuse-fired facility. Passed the House of Representatives March 8, 2018. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on January 12, 2018. Satisfying Energy Needs and Saving the Environment Act or the SENSE Act (Sec. 2) This bill eases emission limits for hazardous air pollutants from electric utility steam generating units (electric power plants) that convert coal refuse into energy. The Environmental Protection Agency must allow utilities to select a standard for either hydrogen chloride or sulfur dioxide with which to comply from a list of specified standards.

Satisfying Energy Needs and Saving the Environment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Guaranteed Health Coverage for Pre- Existing Conditions Act of 2014''. SEC. 2. PROHIBITION OF PREEXISTING CONDITION EXCLUSIONS. (a) Group Market.--Subpart 1 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is amended by striking section 2701 and inserting the following: ``SEC. 2701. PROHIBITION OF PREEXISTING CONDITION EXCLUSIONS. ``(a) In General.--A group health plan or a health insurance issuer offering group health insurance coverage may not impose any preexisting condition exclusion with respect to such plan or coverage. ``(b) Definitions.--For purposes of this section: ``(1) Preexisting condition exclusion.-- ``(A) In general.--The term `preexisting condition exclusion' means, with respect to a group health plan or health insurance coverage, a limitation or exclusion of benefits relating to a condition based on the fact that the condition was present before the date of enrollment in such plan or for such coverage, whether or not any medical advice, diagnosis, care, or treatment was recommended or received before such date. ``(B) Treatment of genetic information.--Genetic information shall not be treated as a preexisting condition in the absence of a diagnosis of the condition related to such information. ``(2) Date of enrollment.--The term `date of enrollment' means, with respect to an individual covered under a group health plan or health insurance coverage, the date of enrollment of the individual in the plan or coverage or, if earlier, the first day of the waiting period for such enrollment. ``(3) Waiting period.--The term `waiting period' means, with respect to a group health plan and an individual who is a potential participant or beneficiary in the plan, the period that must pass with respect to the individual before the individual is eligible to be covered for benefits under the terms of the plan.''. (b) Individual Market.--Subpart 1 of part B of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-41 et seq.) is amended by adding at the end the following: ``SEC. 2746. PROHIBITION OF PREEXISTING CONDITION EXCLUSIONS OR OTHER DISCRIMINATION BASED ON HEALTH STATUS. ``The provisions of section 2701 shall apply to health insurance coverage offered to individuals by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in the group market.''. SEC. 3. GUARANTEED AVAILABILITY OF COVERAGE. (a) Group Market.--Subpart 3 of part A of title XXVII of the Public Health Service Act is amended by striking section 2711 (42 U.S.C. 300gg-11) and inserting the following: ``SEC. 2711. GUARANTEED AVAILABILITY OF COVERAGE. ``(a) Guaranteed Issuance of Coverage in the Group Market.--Subject to subsection (b), each health insurance issuer that offers health insurance coverage in the group market in a State shall accept every employer and every individual in a group in the State that applies for such coverage. ``(b) Enrollment.-- ``(1) Restriction.--A health insurance issuer described in subsection (a) may restrict enrollment in coverage described in such subsection to open or special enrollment periods. ``(2) Establishment.--A health insurance issuer described in subsection (a) shall establish special enrollment periods for qualifying events (as such term is defined in section 603 of the Employee Retirement Income Security Act of 1974).''. (b) Individual Market.--Subpart 1 of part B of title XXVII of the Public Health Service Act is amended by striking section 2741 of such Act (42 U.S.C. 300gg-41) and inserting the following: ``SEC. 2741. GUARANTEED AVAILABILITY OF COVERAGE. ``The provisions of section 2711 shall apply to health insurance coverage offered to individuals by a health insurance issuer in the individual market in the same manner as such provisions apply to health insurance coverage offered to employers by a health insurance issuer in connection with health insurance coverage in the group market. For purposes of this section, the Secretary shall treat any reference of the word `employer' in such section as a reference to the term `individual'.''. SEC. 4. EFFECTIVE DATE CONTINGENT ON REPEAL OF PPACA. (a) In General.--Sections 2 and 3 and the amendments made by such section shall take effect upon the enactment of PPACA repeal legislation described in subsection (b) and such sections and amendments shall have no force or effect if such PPACA repeal legislation is not enacted. (b) PPACA Repeal Legislation Described.--For purposes of subsection (a), PPACA repeal legislation described in this subsection is legislation that-- (1) repeals Public Law 111-148, and restores or revives the provisions of law amended or repealed, respectively, by such Act as if such Act had not been enacted and without further amendment to such provisions of law; and (2) repeals title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and restores or revives the provisions of law amended or repealed, respectively, by such title or subtitle, respectively, as if such title and subtitle had not been enacted and without further amendment to such provisions of law.

Guaranteed Health Coverage for Pre-Existing Conditions Act of 2014 - Amends the Public Health Service Act to maintain, upon repeal of the Patient Protection and Affordable Care Act and the health care provisions of the Health Care and Education Reconciliation Act of 2010, the requirements that: (1) health insurance includes coverage for preexisting conditions; and (2) health insurers accept every employer and every individual in a group that applies for coverage in the group market and every individual that applies for coverage in the individual market.

Guaranteed Health Coverage for Pre-Existing Conditions Act of 2014

SEC. . STANDING FOR CERTAIN TAXPAYERS WITH REGARD TO SALE OF NET OPERATING LOSSES. (a) Subsection (c) of section 5021 of the Technical and Miscellaneous Revenue Act of 1988 (Public Law 100-647) is amended to read as follows: ``(c) Special Administrative Rules.-- ``(1) Income included in native corporation return.--At the joint election of a Native Corporation and a corporation (referred to in this subsection (c) as the `buyer corporation') with which the Native Corporation entered into a transaction permitted under section 60(b)(5) of the Tax Reform Act of 1984 and section 1804(e)(4) of the Tax Reform Act of 1986 (referred to in this subsection (c) as a `Native Corporation transaction'), income assigned, transferred or otherwise made available by the buyer corporation through the use of a corporation (referred to in this subsection (c) as the `profit subsidiary') by reason of such transaction for a period in which the profit subsidiary qualified as a member of the affiliated group of which the Native Corporation was the common parent shall be included in the taxable income of the Native Corporation affiliated group solely for purposes of section 6212 of the Internal Revenue Code-- ``(A) Election.--The election under this subsection (c) for the taxable year to which the election relates shall be made no later than 120 days after the date of enactment of this amendment. The election shall be irrevocable and shall be made by filing with the district director for the Anchorage district office of the Internal Revenue Service a written statement signed by responsible officers of the Native Corporation and the electing buyer corporation that-- ``(i) identifies the Native Corporation, the profit subsidiary, and the buyer corporation (and their taxpayer identification numbers) and states their agreement to make the election provided in this subsection (c); ``(ii) states the amount of income assigned, transferred or otherwise made available to the profit subsidiary for the taxable year by reason of the Native Corporation transaction; ``(iii) if profit subsidiaries related to a buyer corporation other than the electing buyer corporation were members of the affiliated group of which the Native Corporation was the common parent, describes the order and the amount of the losses and credits of the Native Corporation affiliated group that were used to offset the income of each profit subsidiary; ``(iv) states the agreement of the buyer corporation to consent under section 6501(c)(4) of the Internal Revenue Code to extend the periods of limitations for assessment and collection solely with respect to the income of the profit subsidiary for the affected taxable period(s) to a date not less than 180 days after the date the tax liability for the taxable year in which the Native Corporation transaction occurred is finally determined; ``(v) states the agreement of the Native Corporation to consent under section 6501(c)(4) of the Internal Revenue Code to extend the periods of limitations for assessment and collection solely with respect to the income of the profit subsidiary for the affected taxable period(s) to a date not less than 120 days after the date on which the Native Corporation makes the election under this subsection; and ``(vi) the Native Corporation and the buyer corporation agree that the Service is authorized to make any refund of any overpayment that is determined to be due, jointly to the Native Corporation and the electing buyer corporation. If a Native Corporation has engaged in multiple Native Corporation transactions, such election shall be independently made by each buyer corporation on separate written statements. A buyer corporation that elects under this provision must so elect for all Native Corporation transactions with the particular Native Corporation with whom the election is made for which the statue of limitations for assessment is open. ``(B) Taxable rate.--Notwithstanding section 11 of the Internal Revenue Code, any income of the profit subsidiary that is subject to the election provided in this subsection (c) shall be taxed at the rate that such income would have been taxed if it had been included in the return of the buyer corporation for the taxable year from which such income was assigned, transferred or otherwise made available. Solely for purposes of issuing a notice under section 6212 of the Internal Revenue Code to a Native Corporation for a Native Corporation transaction for which an election has been made under this subsection (c), the tax may be computed by applying the maximum corporate rate under section 11 of the Internal Revenue Code. ``(2) Treatment of native corporation as common parent as sole agent.--The common parent of an affiliated group which includes a Native Corporation that elects under subsection (c)(1) shall be the sole agent for the profit subsidiary for purposes of the Native Corporation transaction for the period of affiliation. ``(3) Collection of tax from buyer corporation.--For purposes of this subsection, the amount of any tax, interest, addition to tax, penalty or other amount attributable to the income of the profit subsidiary shall be paid by and be collectible from the profit subsidiary and the buyer corporation for the taxable year for which income was assigned, transferred or otherwise made available by the buyer corporation in connection with the Native Corporation transaction. ``(4) Payment of tax by native corporation.--If, after the election provided in subsection (c)(1) is made, the Native Corporation pays all or any part of the tax, interest, addition to tax, penalty or other amount attributable to the income of the profit subsidiary, such payment shall be deemed to be a payment by the buyer corporation for the taxable year for which such income would otherwise have been included in the buyer corporation's return if the election provided in subsection (c)(1) was not made-- ``(A) Filing of refund claim.--A Native Corporation that elects under subsection (c)(1) shall be treated as the taxpayer for purposes of sections 6402 and 6511 of the Internal Revenue Code with respect to all payments of tax, interest, additions to tax, penalties, or other amounts attributable to the income of the profit subsidiary and shall be entitled to file a claim for refund as the taxpayer with respect to any taxes, interest, additions to tax, penalties or other amounts attributable to the income of the profit subsidiary. ``(B) Filing of refund suit.--A Native Corporation that elects under subsection (c)(1) shall be treated as the taxpayer for purposes of section 7422 of the Internal Revenue Code with respect to all payments of tax, interest, additions to tax, penalties, or other amounts attributable to the income of the profit subsidiary, and as the plaintiff for purposes of section 1402 of title 28, United States Code, and shall be entitled to file and maintain a proceeding in court as the taxpayer for the recovery of such amounts. ``(C) Refund of overpayment.--In the event that an overpayment is determined to be due, whether by final administrative or judicial decision, with respect to a Native Corporation transaction (c)(1), the Native Corporation shall be treated as the person who made the overpayment within the meaning of section 6402(a) of the Internal Revenue Code. Notwithstanding any law or rule of law, including the preceding sentence, any refund of such overpayment may be made jointly to the Native Corporation and to the electing buyer corporation, as agreed to under paragraph (A)(v) of subsection (c)(1). ``(5) Participatory rights of electing buyer corporation.-- Any buyer corporation that makes an election under subsection (c)(1) shall have the right to-- ``(A) submit a written statement and participate with the Native Corporation in any administrative proceeding relating to any proposed adjustment regarding a Native Corporation transaction for which an election has been made; and ``(B) file an amicus brief in any proceeding in a Federal court or the United States Tax Court that has been filed by the Native Corporation involving a proposed adjustment regarding such a Native Corporation transaction. All written notices or other reports issued by the Secretary or his delegate with respect to such a Native Corporation transaction shall be issued to the Native Corporation, and it shall be the obligation of the Native Corporation to provide copies thereof to the electing buyer corporation. Rules similar to the rules of subparagraphs (B) and (C) of paragraph (7) shall apply for purposes of this paragraph. ``(6) Final determination of issues.-- ``(A) All issues with respect to the Native Corporation transaction with respect to which an election is made under subsection (c)(1), including the applicability of any interest, addition to tax, penalty or other amount, shall be determined by administrative or judicial decision with respect to the consolidated return of the Native Corporation affiliated group. ``(B) Upon such determination, any income of the profit subsidiary that is not offset in the Native Corporation transaction shall be reported on the buyer corporation's return as if it were originally reported thereon and subject to all adjustments, including net operating loss or other carrybacks, to which such income would otherwise be subject. ``(7) No effect on nonelecting corporations.--The absence of an election by a Native Corporation and a buyer corporation with respect to a Native Corporation transaction shall not restrict the authority of the Secretary of the Treasury or his delegate to settle or litigate with any nonelecting buyer corporation with respect to any issue relating to such a transaction-- ``(A) Rights of native corporation.--For any such Native Corporation transaction for which no election is made under subsection (c)(1), the Native Corporation shall have the right to submit a written statement and participate with the buyer corporation in any administrative proceeding relating to any proposed adjustment regarding such Native Corporation transaction; and to file an amicus brief in any proceeding in a Federal court or the United States Tax Court that has been filed by the non-electing buyer corporation involving a proposed adjustment regarding such Native Corporation transaction. ``(B) Extension of statute of limitations.-- Subparagraph (A) shall not apply if the Secretary of the Treasury or his delegate determines that an extension of the statute of limitations is necessary to permit the participation described in subparagraph (A) and the taxpayer and the Secretary or his delegate have not agreed to such extension. ``(C) Failures.--For purposes of the 1986 Code, any failure by the Secretary of the Treasury or his delegate to comply with the provisions of this subsection shall not affect the validity of the determination of the Internal Revenue Service of any adjustment of tax liability of any non-electing buyer corporation. ``(8) Effective date.--This provision shall be effective for all taxable years for which the statute of limitations for assessment with respect to an electing Native Corporation has not expired prior to the date of enactment of this Act-- ``(A) Extension of statute of limitations.--Any Native Corporation for which the statue of limitations for assessment will expire within 120 days after the date of enactment of this section shall have the right upon request to extend such statute of limitations pursuant to section 6501(c)(4) of the Internal Revenue Code to a date not less than 120 days after the date of enactment of this section. ``(B) Period for assessments.--If the statute of limitations for assessments with respect to an electing Native Corporation has not expired prior to the date of the enactment of this Act, such period shall not expire before the date 120 days after the date on which the Native Corporation makes the election under this subsection.''. (b) Section 5021 of the Technical and Miscellaneous Revenue Act of 1988 (Public Law 100-647) is amended by adding, after subsection (e), new subsection (f) to read as follows: ``(f) Increase in Underpayment Rate.--For purposes of determining the amount of interest payable under section 6601 of the Internal Revenue Code on a tax underpayment attributable to a Native Corporation transaction for which an election has been made under subsection (c) hereof, the underpayment rate otherwise applicable under section 6621(a) (2) or (c) of the Internal Revenue Code of 1986 shall be increased by 0.5 percentage points.''.

Amends the Technical and Miscellaneous Revenue Act of 1988 to permit Alaska Native Corporations to litigate the validity of the sale of their net operating losses to other corporate buyers as reported on their tax returns, if the buyers so agree. Increases the interest on the underpayment rate for any underpayments resulting from such litigation.

A bill to provide Alaska Native Corporations, through an election process, standing to contest the disallowance of certain tax losses by the Internal Revenue Service if the purchasers of the losses agree; and to offset any associated revenue losses by increasing the interest rate on certain related tax deficiencies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hermosa Creek Watershed Protection Act of 2012''. SEC. 2. FINDINGS. Congress finds that-- (1) the ecological health and integrity of the Hermosa Creek Watershed and the economic health of the surrounding communities that rely on the Watershed are connected; (2) the Watershed-- (A) is the only area in the State that is not a unit of National Wilderness Preservation System to achieve a designation of outstanding waters by the State; (B) provides a crucial source of clean drinking water for the residents of the Animas River Valley and the city of Durango, Colorado; and (C) provides high quality agricultural water supplies from Hermosa Creek and the Animas River; (3) the Watershed helps ensure the economic prosperity of local communities in the area that depend on the Watershed for water supplies, recreation, hunting, fishing, hiking, biking, camping, skiing and related winter activities, off-road vehicle travel for the conduct of scientific activities, scientific research, mineral extraction, and sustainable natural resource development; (4) the world-class Hermosa Creek trail network contains outstanding single track mountain bike riding, backcountry hiking, equestrian riding, and motorcycle riding; (5) the Watershed provides visitors the opportunity to enjoy the tremendous scenic, natural, cultural, and recreational resources of the area; (6) ecologically sustainable grazing has been conducted in a manner that has preserved the high quality of the Watershed; (7) the native Colorado River cutthroat trout fishery located in the Watershed-- (A) is one of the most important fisheries in the State; (B) is crucial for the long-term survival of the cutthroat trout; and (C) provides an opportunity for anglers to have a catch and release fishery for the cutthroat trout; (8) the work of the State Division of Wildlife to enhance the fishery referred to in paragraph (7) has been a tremendous success and a great example of cooperative conservation efforts to recover an imperiled species of fish; (9) the Watershed-- (A) provides some of the best backcountry elk habitat in the State; and (B) supports outstanding hunting opportunities; (10) the large areas of undisturbed forest in the Watershed (including some of the best stands of old growth ponderosa pine in the State) provide excellent wildlife habitat and excellent opportunities for solitude and backcountry recreation; and (11) designation of the Hermosa Creek Wilderness Area, Watershed Protection Area, and Special Management Area would protect those areas in perpetuity for the benefit of the people of the United States. SEC. 3. DEFINITIONS. In this Act: (1) Map.--The term ``Map'' means the map entitled ``Hermosa Creek Proposed Watershed Protection Area, 2012'' and dated March 28, 2012. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (3) Special management area.--The term ``Special Management Area'' means the Hermosa Creek Special Management Area designated by section 5(a). (4) State.--The term ``State'' means the State of Colorado. (5) Watershed protection area.--The term ``Watershed Protection Area'' means the Hermosa Creek Watershed Protection Area designated by section 4(a). SEC. 4. DESIGNATION OF HERMOSA CREEK WATERSHED PROTECTION AREA. (a) Designation.--Certain Federal land in the San Juan National Forest comprising approximately 107,886 acres, as generally depicted on the Map, is designated as the ``Hermosa Creek Watershed Protection Area''. (b) Purposes.--The purposes of the Watershed Protection Area are-- (1) to maintain the cultural, economic, and ecological health of the Hermosa Creek Watershed and the surrounding communities that rely on the Watershed; (2) to protect the purity of water that comes from the Hermosa Creek Watershed and supplies residents of the Animas River Valley and the city of Durango, Colorado, with clean drinking water; (3) to protect the purity of, and water supply from, the Hermosa Creek Watershed for agricultural purposes, including irrigation and stockwater uses; (4) to enhance the economic prosperity of local communities in the area who depend on the area for water, recreation, and sustainable natural resource uses; (5) to protect and provide visitors the opportunity to enjoy the recreational, geological, cultural, natural, scientific, recreational, wildlife, riparian, historical, educational, and scenic resources of the Watershed; (6) to provide world class opportunities for skiing, biking, hiking, fishing, hunting, horseback riding, snowmobiling, motorcycle riding, snowshoeing, and camping; (7) to provide for economic and natural resource development (including sustainable grazing, vegetation management, beneficial uses of water, and mineral extraction) in a manner consistent with protecting the overall integrity of the Watershed; (8) to protect the native Colorado River cutthroat trout fishery located in the Watershed; (9) to designate the Hermosa Creek Wilderness Area and the Special Management Area; and (10) to conserve, protect, and manage for a healthy Hermosa Creek Watershed for the long-term ecological integrity of the Watershed and the long-term economic health of surrounding communities by allowing sustainable economic development and traditional natural resource development in a matter consistent with the purposes described in paragraphs (1) through (9). SEC. 5. DESIGNATION OF HERMOSA CREEK SPECIAL MANAGEMENT AREA. (a) Designation.--Subject to valid existing rights, certain Federal land in the San Juan National Forest comprising approximately 68,289 acres, as generally depicted on the Map, is designated as the ``Hermosa Creek Special Management Area''. (b) Purpose.--The purpose of the Special Management Area is to conserve and protect for the benefit of present and future generations the watershed, geological, cultural, natural, scientific, recreational, wildlife, riparian, historical, educational, and scenic resources and values of the Special Management Area. (c) Administration.-- (1) In general.--The Secretary shall administer the Special Management Area-- (A) in a manner that-- (i) conserves, protects, and enhances the resources and values of the Special Management Area described in subsection (b); and (ii) protects a viable population of Colorado River Cutthroat Trout; and (B) in accordance with-- (i) the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.); (ii) this Act; and (iii) any other applicable laws. (2) Uses.-- (A) In general.--The Secretary shall allow only such uses of the Special Management Area that the Secretary determines would further the purposes described in subsection (b). (B) Motorized vehicles.-- (i) In general.--Except as provided in clause (ii) and as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the Special Management Area shall be permitted only on roads and trails designated for use by such vehicles by the Secretary. (ii) Over-snow vehicles.--The Secretary may authorize the use of snowmobiles and other over-snow vehicles within the Special Management Area-- (I) during periods of adequate snow cover during the winter season; and (II) subject to such terms and conditions as the Secretary may require. (C) Grazing.--The Secretary shall permit grazing within the Special Management Area, where established before the date of enactment of this Act-- (i) subject to all applicable laws (including regulations) and Executive orders; and (ii) consistent with the purpose described in subsection (b). (D) Prohibited activities.--Within the area of the Special Management Area identified on the Map as ``East Hermosa Area'' the following activities shall be prohibited: (i) New road construction or the renovation of existing nonsystem roads, except as necessary to protect public health and safety. (ii) Projects undertaken for the purpose of harvesting commercial timber (other than activities relating to the harvest of merchantable products that are byproducts of activities conducted for ecological restoration or to further the purposes described in this Act). (d) Map and Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and a legal description of the Special Management Area. (2) Force of law.--The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description. (3) Public availability.--The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (e) Incorporation of Acquired Land and Interests in Land.--Any land or interest in land that is acquired by the United States within the boundary of the Special Management Area shall-- (1) become part of the Special Management Area; (2) be withdrawn in accordance with subsection (h); and (3) be managed in accordance with-- (A) this Act; and (B) any other applicable laws. (f) Fish and Wildlife.--Nothing in this Act affects the jurisdiction or responsibility of the State with respect to fish and wildlife in the State. (g) State and Federal Water Management.--Nothing in this section affects the potential development of a water storage reservoir at the site in the Special Management Area that is identified in-- (1) pages 17 through 20 of the Statewide Water Supply Initiative studies prepared by the Colorado Water Conservation Board and issued by the State in November 2004; and (2) page 27 of the Colorado Dam Site Inventory prepared by the Colorado Water Conservation Board and dated August 1996. (h) Withdrawal.--Subject to valid rights in existence on the date of enactment of this Act, the Federal land within the Special Management Area is withdrawn from-- (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (i) Adjacent Management.-- (1) In general.--Congress does not intend for the designation of the Special Management Area by subsection (a) or the wilderness designated by section 2(a)(22) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by section 6(a)) to create a protective perimeter or buffer zone around the Special Management Area or wilderness. (2) Nonwilderness activities.--The fact that nonwilderness activities or uses can be seen or heard from areas within the wilderness designated by section 2(a)(22) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by section 6(a)) shall not preclude the conduct of the activities or uses outside the boundary of the wilderness. (j) Winter Skiing and Related Winter Activities.--Nothing in this Act alters or limits-- (1) a permit held by a ski area; (2) the implementation of the activities governed by a ski area permit; or (3) the authority of the Secretary to modify or expand an existing ski area permit. (k) Vegetation Management.--Nothing in this section prevents the Secretary from conducting vegetation management projects within the Special Management Area-- (1) subject to-- (A) such reasonable regulations, policies, and practices as the Secretary determines appropriate; and (B) all applicable laws (including regulations); and (2) in a manner consistent with-- (A) the purposes described in subsection (b); and (B) this section. (l) Wildfire, Insect, and Disease Management.--Consistent with this section, the Secretary may take any measures that the Secretary determines to be necessary to control fire, insects, and diseases in the Special Management Area, including, as the Secretary determines to be appropriate, the coordination of the measures with the State or a local agency. (m) Management Plan.--Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a management plan for the long-term protection and management of the Special Management Area that takes into account public input. SEC. 6. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM. (a) Designation of Wilderness.--Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) is amended by adding at the end the following: ``(22) Certain land within the San Juan National Forest which comprise approximately 37,236 acres, as generally depicted on the map entitled `Hermosa Creek Proposed Watershed Protection Area, 2012' and dated March 28, 2012, and which shall be known as the `Hermosa Creek Wilderness'.''. (b) Effective Date.--Any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act for purposes of administering the wilderness area designated by section 2(a)(22) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103- 77; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by subsection (a)). (c) Fire, Insects, and Diseases.--As provided in section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), within the wilderness areas designated by section 2(a)(22) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by subsection (a)), the Secretary may take any measure that the Secretary determines to be necessary to control fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be appropriate. SEC. 7. PERINS PEAK AND ANIMAS CITY MOUNTAIN MINERAL WITHDRAWAL. (a) Withdrawal.--Subject to valid existing rights, the land and mineral interests described in subsection (b) are withdrawn from all forms of-- (1) entry, appropriation, or disposal under public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral leasing, geothermal leasing, or mineral materials. (b) Description of Land and Mineral Interests.--The land and mineral interests referred to in subsection (a) are-- (1) the approximately 8,549 acres of Federal land depicted on the map entitled ``Perins Peak and Animas City Mountain mineral withdrawal'' and dated May 3, 2012; and (2) all Federal mineral interests contained within the boundaries of the map described in paragraph (1).

Hermosa Creek Watershed Protection Act of 2012 - Designates specified federal lands in San Juan National Forest as: (1) the Hermosa Creek Watershed and Protection Area, and (2) the Hermosa Creek Special Management Area. Designates specified land within the Protection Area as the Hermosa Creek Wilderness.

A bill to designate certain Federal land in the San Juan National Forest in the State of Colorado as wilderness, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Cheese Exchange Oversight and Improvement Act of 1997''. SEC. 2. FINDINGS. The Congress finds that the operation of the National Cheese Exchange and other cash markets is of national concern and in need of Federal oversight because of the following: (1) The National Cheese Exchange, located in Green Bay, Wisconsin, is the dominant cash market for bulk cheese in the United States. (2) While less than 1 percent of the cheese produced in the United States is sold on the National Cheese Exchange, the price determined by the National Cheese Exchange acts as a reference price for as much as 95 percent of the commercial cheese transactions conducted in the United States. (3) A 3-year federally funded investigation into the activities of the National Cheese Exchange determined that the National Cheese Exchange is very thinly traded, highly concentrated, completely unregulated, and subject to manipulation. (4) The Coffee, Sugar, and Cocoa Exchange in New York, an exchange regulated by the Commodity Futures Trading Commission, trades futures contracts for cheese. (5) The low volume in trading of cheese futures contracts on the Coffee, Sugar, and Cocoa Exchange is partially related to concerns about the lack of viability, and potential for manipulation, in the dominant cash market for cheese, the National Cheese Exchange. (6) The National Cheese Exchange is completely unregulated by any Federal or State agency. (7) The Commodity Futures Trading Commission claims a lack of authority to regulate or oversee the National Cheese Exchange and similar cash markets. SEC. 3. COMMODITY FUTURES TRADING COMMISSION REGULATION OF NATIONAL CHEESE EXCHANGE AND SIMILAR CASH MARKETS. The Commodity Exchange Act (7 U.S.C. 1 et seq.) is amended by inserting after section 20 (7 U.S.C. 24) the following new section: ``SEC. 21. COMMISSION REGULATION OF NATIONAL CHEESE EXCHANGE AND SIMILAR CASH MARKETS. ``(a) Definition of Concentrated Cash Market.--In this section, the term `concentrated cash market' means-- ``(1) the National Cheese Exchange located in Green Bay, Wisconsin; and ``(2) a cash market for a commodity if the Commission determines that-- ``(A) the cash market is geographically centralized in the form of a market or exchange; ``(B) the cash market is very thinly traded or highly illiquid; ``(C) the price established by the cash market functions as a reference price for a majority of commercial transactions off the cash market for the commodity being traded; ``(D) trading in the cash market is concentrated among relatively few buyers and sellers; ``(E) the cash market is substantially unregulated by any other regulatory structure (including State regulation or self-regulation); ``(F) a futures market regulated under this Act also exists for the commodity that is being traded on the cash market; and ``(G) the instability, illiquidity, or potential for manipulation for on the cash market could be a deterrent to the use of the futures market for that commodity. ``(b) Regulation of Concentrated Cash Markets.--In consultation with the Secretary of Agriculture, the Commission shall regulate a concentrated cash market under this Act until such time as the Commission determines that the concentrated cash market is not functioning as a reference price for a majority of commercial transactions off the cash market for the commodity being traded on the concentrated cash market. ``(c) Submission and Review of Operating Rules.--The Commission shall require a cash market that is subject to this section to-- ``(1) Submission required.--The Commission shall require a concentrated cash market subject to regulation under subsection (b) to submit to the Commission for approval a set of rules governing the operation of the concentrated cash market; and ``(2) Time for submission.--In the case of the National Cheese Exchange, the operating rules required under this subsection shall be submitted not later than 90 days after the date of enactment of this section. In the case of other concentrated cash markets, the operating rules shall be submitted not later than 90 days after the date on which the Commission notifies the concentrated cash market that it is subject to regulation under this section. ``(3) Notification of commission action.--The Commission shall promptly review operating rules submitted by a concentrated cash market under this subsection to determine whether the rules are sufficient to govern the operation of the concentrated cash market. Not later than 60 days after receiving the rules from a concentrated cash market, the Commission shall notify the concentrated cash market of the result of the review, including whether the rules are approved or disapproved. If disapproved, the Commission shall provide such recommendations regarding changes to the rules as the Commission considers necessary to secure approval and provide a schedule for resubmission of the rules. ``(4) Subsequent rule changes.--A concentrated cash market may not change approved operating rules unless the proposed change is also submitted to the Commission for review and the Commission approves the change in the manner provided in paragraph (3). ``(d) Effect of Failure To Submit or Receive Approval of Rules.-- Beginning 1 year after the date of the enactment of this section, the National Cheese Exchange may operate only in accordance with rules approved by the Commission under subsection (c). In the case of other concentrated cash markets, beginning 1 year after the date on which the concentrated cash market is notified that it is subject to regulation under this section, the concentrated cash market may operate only in accordance with rules approved by the Commission under subsection (c).''.

National Cheese Exchange Oversight and Improvement Act of 1997 - Amends the Commodity Exchange Act to direct the Commodity Futures Trading Commission to regulate a concentrated cash market (as defined by this Act), including the National Cheese Exchange in Green Bay, Wisconsin, until the Commission determines that the market is not functioning as a reference price for off-market transactions of the commodity being traded on such market.

National Cheese Exchange Oversight and Improvement Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Defense Overseas Educators Act''. SEC. 2. TEMPORARY MEASURES TO FACILITATE REEMPLOYMENT OF DISPLACED TEACHERS. (a) Definitions.--For the purpose of this section-- (1) the term ``agency'' means an Executive agency (as defined by section 105 of title 5, United States Code), excluding the General Accounting Office; (2) the term ``DoDDS teacher'' means a teacher within the meaning of section 2(2) of the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901(2)); and (3) the term ``displaced employee'' means-- (A) a DoDDS teacher who has been given specific notice that such individual is to be separated due to a reduction in force; and (B) any individual who has been involuntarily separated from service as a DoDDS teacher due to a reduction in force. (b) Consideration for Vacant Positions.--In accordance with regulations which the Office of Personnel Management shall prescribe (consistent with otherwise applicable provisions of law), an agency shall, in filling a vacant position for which a qualified displaced employee has applied in timely fashion, give full consideration to the application of the displaced employee before selecting any candidate from outside the agency for the position. (c) Limitation.--A displaced employee shall remain entitled to the consideration described in subsection (b) until the end of the 12-month period beginning on-- (1) the date such employee receives the specific notice described in subsection (a)(3)(A); or (2) if the employee is involuntarily separated (as described in subsection (a)(3)(B)), the effective date of the separation. (d) Applicability.-- (1) In general.--This section shall apply to any individual who-- (A) becomes a displaced employee during the 12- month period ending on the day before the date of enactment of this Act; or (B) becomes a displaced employee on or after the date of enactment of this Act and before October 1, 1997. (2) Rule for applying the 12-month limitation to current displaced employees.--For the purpose of any displaced employee described in paragraph (1)(A), the 12-month period under subsection (c) shall be considered to begin on the date of enactment of this Act, rather than the date which would otherwise be required by subsection (c). (3) Positions to which this section shall not apply.-- Nothing in this section shall be considered to apply with respect to any position-- (A) which has been filled as of the date of enactment of this Act; or (B) which has been excepted from the competitive service because of its confidential, policy- determining, policy-making or policy-advocating character. SEC. 3. TEACHER RECRUITMENT. (a) Amendment Relating to Benefits for Teachers Recruited Abroad.-- (1) In general.--Section 5 of the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 903) is amended by redesignating subsection (d) as subsection (e), and by inserting after subsection (c) the following: ``(d)(1) Each individual recruited outside the United States for service in a teaching position shall, after such individual completes 1 full school year of service in a teaching position, be entitled to the same benefits as an individual recruited in the United States, to the extent that such benefits are based on service in a teaching position. ``(2)(A) Paragraph (1) shall not apply in the case of any individual who is the spouse of, and residing in the same household as, a member of a uniformed service who is eligible (as such a member) for benefits comparable to those described in section 7 or 8 of this Act. ``(B) An individual shall not be considered to have ceased to reside in the same household as a member if due to a reassignment of such member for 90 days or less.''. (2) Service to be considered.--In administering the amendment made by paragraph (1), service performed before, on, or after the date of enactment of this Act shall be considered. (b) Amendment Relating to the Definition of a ``Teaching Position''.--Paragraph (1) of section 2 of the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901(1)) is amended by striking the period at the end of subparagraph (B)(iii) and inserting a comma, and by adding at the end of such paragraph the following: ``including those cases in which such duties and responsibilities are performed-- ``(I) in a substitute capacity; ``(II) as a summer school teacher; ``(III) as an instructor for the Junior Reserve Officers' Training Corps; ``(IV) as a paraprofessional or teacher aide; ``(V) for a definite term, not to exceed 1 school year, in the excepted service; or ``(VI) for an indefinite term in the excepted service.''. SEC. 4. COMPENSATION; LEAVE TRANSFERS; RECERTIF- ICATION. (a) Compensation; Leave Transfers.--The Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901 and following) is amended-- (1) in sections 4(a)(2) and 5(c) by striking ``urban''; and (2) in section 6 by adding at the end the following: ``(h) The Director of Dependents' Education, in consultation with the Director of the Office of Personnel Management, shall establish for teachers-- ``(1) a voluntary leave transfer program similar to the one under subchapter III of chapter 63 of title 5, United States Code; and ``(2) a voluntary leave bank program similar to the one under subchapter IV of chapter 63 of title 5, United States Code.''. (b) Recertification.--Paragraph (5) of section 1413 of the Defense Dependents' Education Act of 1978 (20 U.S.C. 931(5)) is amended to read as follows: ``(5) provide for a recertification program for professional personnel employed in the system to obtain not more than 6 semester-hours of graduate or undergraduate coursework in any discipline or subject area taught by schools of the defense dependents' education system, and''. (c) Applicability.--The amendments made by subsection (a)(1)-- (1) shall apply with respect to compensation for service performed in fiscal years beginning more than 90 days after the date of enactment of this Act; and (2) shall be deemed not to have been enacted for purposes of determining compensation for service performed before the first fiscal year to which such amendments apply under paragraph (1). SEC. 5. CONTINUED HEALTH BENEFITS. (a) In General.--Section 8905a(d) of title 5, United States Code, is amended-- (1) in paragraph (1)(A) by striking ``Except as provided in paragraph (4),'' and inserting ``Except as provided in paragraph (4) or (5),''; (2) in paragraph (2) by striking ``in accordance with paragraph (1) or (4),'' and inserting ``in accordance with paragraph (1), (4), or (5),''; and (3) by adding at the end the following: ``(5)(A) For the purpose of this paragraph, the term `teaching position' has the meaning given such term under section 2(1) of the Defense Department Overseas Teachers Pay and Personnel Practices Act. ``(B) If the basis for continued coverage under this section is an involuntary separation from a teaching position due to a reduction in force-- ``(i) the individual shall be liable for not more than the employee contributions referred to in paragraph (1)(A)(i); and ``(ii) the agency which last employed the individual shall pay the remaining portion of the amount required under paragraph (1)(A). ``(C) This paragraph shall apply with respect to any individual whose continued coverage is based on a separation occurring on or after the date of enactment of this paragraph and before-- ``(i) October 1, 1997; or ``(ii) February 1, 1998, if specific notice of such separation was given to such individual before October 1, 1997.''. (b) Source of Payments.--Any amount which becomes payable by an agency as a result of the enactment of subsection (a) shall be paid out of funds or appropriations available for salaries and expenses of such agency.

Department of Defense Overseas Educators Act - Provides for the implementation of temporary measures to facilitate reemployment in Federal agencies of Federal employees separated from teaching positions in schools for overseas Department of Defense dependents (DoDDS teachers). Amends the Defense Department Overseas Teachers Pay and Personnel Practices Act to require that, in certain cases, DoDDS teachers recruited abroad be entitled to the same benefits as teachers recruited in the United States. Requires the Director of Dependents' Education to establish for DoDDS teachers a voluntary leave transfer program and a voluntary leave transfer bank program. Limits the amount of graduate or undergraduate coursework which may be taken under a recertification program for DoDDS professional personnel. Amends Federal law to provide for continued health benefits for DoDDS teachers involuntarily separated from service under a reduction in force.

Department of Defense Overseas Educators Act

SECTION 1. PROGRAM TO ENCOURAGE AND SUPPORT INNOVATIVE SOLUTIONS TO ENHANCE HOMELAND SECURITY. (a) Establishment of Program.--The Office of Federal Procurement Policy Act (41 U.S.C. et seq.) is amended by adding at the end the following new section: ``SEC. 40. PROGRAM TO ENCOURAGE INNOVATIVE SOLUTIONS TO ENHANCE HOMELAND SECURITY. ``(a) Establishment of Program.--The Administrator shall establish and promote a Governmentwide program to encourage and recognize contractor innovation and excellence in facilitating the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack. ``(b) Issuance of Agency Announcements Seeking Innovative Solutions.--Under the program, the Administrator, in consultation with the Director of the Office of Homeland Security, the Associate Director for Information Technology and E-Government of the Office of Management and Budget, and the Secretaries of Defense, Energy, Commerce, Transportation, and the Treasury, shall issue agency announcements seeking unique and innovative solutions to advance the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack. ``(c) Multiagency Technical Assistance Team.--(1) The Administrator, in consultation with the individuals described in subsection (b), shall convene a multiagency technical assistance team to assist in screening proposals submitted to the Administrator to provide unique and innovative solutions to advance the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack. The team shall be composed of employees of the participating agencies who have expertise in scientific and technical disciplines that would facilitate the assessment of the feasibility of the proposals. ``(2) The technical assistance team shall-- ``(A) assess the feasibility, scientific and technical merits, and estimated cost of each proposal; and ``(B) submit each proposal, and the assessment of the proposal, to each executive agency whose mission most coincides with the subject matter of the proposal. ``(3) The technical assistance team shall not consider or evaluate proposals submitted in response to a solicitation for offers for a pending procurement or for a specific agency requirement. ``(d) Monetary Awards for Innovative Solutions.--(1) Under the program carried out under this section, the Administrator shall provide monetary awards in recognition of unique and innovative solutions with the potential to significantly advance the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack. ``(2) The Administrator shall use a competitive process to select recipients of monetary awards under this subsection which shall include the widely advertised solicitation (including the agency announcements described in subsection (b)) of descriptive submissions on technology developments and prototypes, the substance of which are not otherwise available to the United States. The Administrator shall work with the multiagency technical assistance team described in subsection (c) in carrying out the competitive selection process. ``(3) An award made under this subsection may not exceed $20,000. The total amount of awards made under this subsection in a fiscal year may not exceed $500,000. ``(4) At least one quarter of the total amount awarded under this subsection during a fiscal year shall be awarded to small business concerns, within the meaning of such term as used in the Small Business Act (15 U.S.C. 632 et seq.).''. (b) Clerical Amendment.--The table of contents at the beginning of such Act is amended by adding at the end the following new item: ``Sec. 40. Program to encourage innovative solutions to enhance homeland security.''. SEC. 2. PILOT PROGRAM TO ENCOURAGE INNOVATIVE COMMERCIAL SOLUTIONS. (a) Pilot Program.--The Administrator of the Office of Federal Procurement Policy shall, in consultation with the Assistant to the President for Homeland Security, establish a pilot program under which the Secretaries of Defense, Energy, Commerce, Transportation, and the Treasury may-- (1) test the innovative use of streamlined acquisition authorities and procedures authorized by law, with emphasis on provisions authorizing the rapid acquisition of goods and services; and (2) test the feasibility of rapidly entering into contracts with private entities to carry out immediate solutions to key homeland security needs using, to the maximum extent practicable, commercial, off-the-shelf items and commercially available services. (b) Use of Streamlined Acquisition Authorities.--Under the pilot program, the head of an executive agency referred to in subsection (a) shall, if appropriate, use streamlined acquisition authorities and procedures authorized by law, including authorities and procedures that are provided under the following provisions: (1) In title III of the Federal Property and Administrative Services Act of 1949: (A) Paragraphs (1), (2), (6), and (7) of subsection (c) of section 303 (41 U.S.C. 253), relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (e) of such section). (B) Section 303J (41 U.S.C. 253j), relating to orders under task and delivery order contracts. (2) In chapter 137 of title 10, United States Code: (A) Paragraphs (1), (2), (6), and (7) of subsection (c) of section 2304, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (e) of such section). (B) Section 2304c, relating to orders under task and delivery order contracts. (3) Paragraphs (1)(B), (1)(D), and (2) of section 18(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 416(c)), relating to inapplicability of a requirement for procurement notice. (c) Waiver of Requirements.--(1) To carry out the pilot program under this section, the head of an agency may waive-- (A) any provision of the Federal Acquisition Regulation that is not required by statute; and (B) any provision of the Federal Acquisition Regulation that is required by a provision of law described in paragraph (2), the waiver of which the head of the agency determines in writing to be necessary to carry out the pilot program. (2) The provisions of law referred to in paragraph (1) are as follows: (A) Section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416). (B) Subsections (e), (f), and (g) of section 8 of the Small Business Act (15 U.S.C. 637). (d) Limitations.--(1) The head of an agency authorized to participate in the pilot program may carry out not more than one project under the program and may enter into not more than three contracts to carry out the project. (2) A project carried out under this section shall be approved by the Administrator in consultation with the Assistant to the President for Homeland Security and the multiagency technical assistance team established under section 40(c) of the Office of Federal Procurement Policy Act (as added by section 1). (e) Criteria for Evaluating Results.--The head of an agency participating in the pilot program under this section shall establish measurable mission-related criteria for evaluating the results of a project under the program. Such agency head shall, as soon as practicable after the completion of the project, report to the Administrator on the lessons learned from the project. The Administrator shall share the results of, and reports on, all the projects carried out under this section with the heads of other agencies that carry out responsibilities with respect to homeland security. (f) Prohibition Against Discrimination Against Small Business Concerns.--This section shall be applied in a manner that does not discriminate against small business concerns (within the meaning of such term as used in the Small Business Act (15 U.S.C. 632 et seq.)) or any type of small business concern.

Amends the Office of Federal Procurement Policy Act to direct the Administrator for Federal Procurement Policy to establish a Government-wide program to encourage and recognize contractor innovation and excellence in facilitating the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack.Requires the Administrator to: (1) issue agency announcements seeking innovative solutions to advance defense against or recovery from such an attack; (2) convene a multiagency technical assistance team to assess feasibility, scientific and technical merits, and estimated costs and submit each proposal to each executive agency whose mission most coincides with the proposal's subject matter; and (3) provide monetary awards in recognition of unique and innovative solutions.Directs the Administrator to establish a pilot program under which the Secretaries of Defense, Energy, Commerce, Transportation, and the Treasury may test: (1) the innovative use of streamlined acquisition authorities and procedures; and (2) the feasibility of rapidly entering into contracts with private entities to carry out immediate solutions to key homeland security needs using commercial, off-the-shelf items and commercially available services.

To amend the Office of Federal Procurement Policy Act to establish a program to encourage and support carrying out innovative proposals to enhance homeland security, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Genetic Information Health Insurance Nondiscrimination Act of 1997''. SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION ON THE BASIS OF GENETIC INFORMATION. (a) Group Coverage.-- (1) Amendments to public health service act.-- (A) Inclusion of genetic testing.--Section 2702(a)(1)(F) of the Public Health Service Act (42 U.S.C. 300gg-1(a)(1)(F)), as added by section 102(a) of Health Insurance Portability and Accountability Act of 1996, is amended by inserting ``(or a request for, or receipt of, genetic information or a genetic test)'' after ``genetic information''. (B) Limitation on collection and disclosure of genetic information.--Subpart 2 of part A of title XXVII of the Public Health Service Act, as amended by section 703(a) of Public Law 104-204, is amended by adding at the end the following new section: ``SEC. 2706. LIMITATION ON COLLECTION AND DISCLOSURE OF GENETIC INFORMATION. ``(a) Limitation on Collection.--A health insurance issuer may not request or require an individual to whom the issuer provides health insurance coverage in connection with a group health plan (or an individual who desires the issuer to provide health insurance coverage in connection with a group health plan ), and a group health plan may not request or require a participant or beneficiary under the plan (or an individual who desires to become such a participant or beneficiary), to disclose any genetic information or to obtain any genetic test. ``(b) Restriction on Disclosure.--Subject to subsection (c), a health insurance issuer in connection with health insurance coverage offered in connection with a group health plan and a group health plan may not disclose genetic information about an individual (regardless of how the information was obtained) without a prior written authorization of the individual (or legal representative of the individual) that includes-- ``(1) a description of the information being disclosed, ``(2) the name of the individual or person to whom the disclosure is being made, and ``(3) the purpose of the disclosure. Such authorization is required for each disclosure. ``(c) Exceptions to Disclosure Restriction.--Genetic information concerning an individual may be disclosed by a health insurance issuer or group health plan if such disclosure-- ``(1) is authorized under criminal laws relating to the identification of individuals, or is authorized under Federal or State law and is necessary for the purpose of a criminal or death investigation, a criminal or juvenile proceeding, an inquest, or a child fatality review by a multidisciplinary child abuse team; ``(2) is required under the specific order of a court; ``(3) is authorized under law for the purpose of establishing paternity; ``(4) is for the purpose of furnishing genetic information relating to a decedent to the blood relatives of the decedent for the purpose of medical diagnosis; or ``(5) is for the purpose of identifying a body. ``(d) Notice.--A group health plan under this part shall comply with the notice requirement under section 713(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.''. (C) Definitions.--Section 2791(d) of the Public Health Service Act (42 U.S.C. 300gg-91(d)) is amended by adding at the end the following new paragraph: ``(15) Genetic information; genetic test.--(A) The term `genetic information' means the information about genes, gene products, or inherited characteristics that may derive from an individual or a blood-relative of the individual. ``(B) The term `genetic test' means a test for determining the presence or absence of genetic characteristics in an individual.''. (D) Conforming amendment.--Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)), as amended by section 604(b)(2) of Public Law 104-204, is amended by striking ``section 2704'' and inserting ``sections 2704 and 2706''. (2) ERISA amendments.-- (A) Inclusion of genetic testing.--Section 702(a)(1)(F) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1182(a)(1)(F)), as added by section 101(a) of Health Insurance Portability and Accountability Act of 1996, is amended by inserting ``(or a request for, or receipt of, genetic information or a genetic test)'' after ``genetic information''. (B) Limitation on collection and dislosure of genetic information.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, as amended by section 702(a) of Public Law 104-204, is amended by adding at the end the following new section: ``SEC. 713. LIMITATION ON COLLECTION AND DISCLOSURE OF GENETIC INFORMATION. ``(a) Limitation on Collection.--A health insurance issuer may not request or require an individual to whom the issuer provides health insurance coverage in connection with a group health plan (or an individual who desires the issuer to provide health insurance coverage in connection with a group health plan ), and a group health plan may not request or require a participant or beneficiary under the plan (or an individual who desires to become such a participant or beneficiary), to disclose any genetic information or to obtain any genetic test. ``(b) Restriction on Disclosure.--Subject to subsection (c), a health insurance issuer in connection with health insurance coverage offered in connection with a group health plan and a group health plan may not disclose genetic information about an individual (regardless of how the information was obtained) without a prior written authorization of the individual (or legal representative of the individual) that includes-- ``(1) a description of the information being disclosed, ``(2) the name of the individual or person to whom the disclosure is being made, and ``(3) the purpose of the disclosure. Such authorization is required for each disclosure. ``(c) Exceptions to Disclosure Restriction.--Genetic information concerning an individual may be disclosed by a health insurance issuer or group health plan if such disclosure-- ``(1) is authorized under criminal laws relating to the identification of individuals, or is authorized under Federal or State law and is necessary for the purpose of a criminal or death investigation, a criminal or juvenile proceeding, an inquest, or a child fatality review by a multidisciplinary child abuse team; ``(2) is required under the specific order of a court; ``(3) is authorized under law for the purpose of establishing paternity; ``(4) is for the purpose of furnishing genetic information relating to a decedent to the blood relatives of the decedent for the purpose of medical diagnosis; or ``(5) is for the purpose of identifying a body. ``(d) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply.''. (C) Definitions.--Section 733(d) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1186(d)) is amended by adding at the end the following new paragraph: ``(5) Genetic information; genetic test.--(A) The term `genetic information' means the information about genes, gene products, or inherited characteristics that may derive from an individual or a blood-relative of the individual. ``(B) The term `genetic test' means a test for determining the presence or absence of genetic characteristics in an individual.''. ``(2) Construction.--Section 731(a)(1) shall not be construed as superseding a State law described in paragraph (1).''. (D) Conforming amendments.--(i) Section 731(c) of such Act (29 U.S.C. 1191(c)), as amended by section 603(b)(1) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (ii) Section 732(a) of such Act (29 U.S.C. 1191a(a)), as amended by section 603(b)(2) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (iii) The table of contents in section 1 of such Act is amended by ins0erting after the item relating to section 712 the following new item: ``Sec. 713. Limitation on collection and disclosure of genetic information.''. (3) Internal revenue code amendments.-- (A) Genetic information.--Section 9802(a)(1)(F) of the Internal Revenue Code of 1986, as added by section 401(a) of the Health Insurance Portability and Accountability Act of 1996, is amended by inserting ``(or a request for, or receipt of, genetic information or a genetic test)'' after ``genetic information''. (B) Definitions.--Section 9805(d) of such Act is amended by adding at the end the following new paragraph: ``(6) Genetic information; genetic test.--(A) The term `genetic information' means the information about genes, gene products, or inherited characteristics that may derive from an individual or a blood-relative of the individual. ``(B) The term `genetic test' means a test for determining the presence or absence of genetic characteristics in an individual.''. (b) Individual Health Insurance.--Part B of title XXVII of the Public Health Service Act, as amended by section 605(a) of Public Law 104-204, is amended by inserting after section 2751 the following new section: ``SEC. 2752. LIMITATION ON COLLECTION AND DISCLOSURE OF GENETIC INFORMATION. ``(a) In General.--The provisions of section 2706 (other than subsection (d)) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 713(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (c) Effective Dates.--(1) The amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 1998. (2) The amendment made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date.

Genetic Information Health Insurance Nondiscrimination Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to prohibit group health plans and health insurance issuers offering group coverage from discriminating on the basis of a request for or receipt of genetic information or a genetic test. Regulates the collection and disclosure of genetic information by plans and issuers. Amends the Internal Revenue Code to prohibit group health plans from discriminating on the basis of a request for or receipt of genetic information or a genetic test. Amends the Public Health Service Act to regulate the collection and disclosure of genetic information by health insurance issuers offering individual coverage.

Genetic Information Health Insurance Nondiscrimination Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Benefits Administration Improvement Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Veterans Benefits Administration of the Department of Veterans Affairs is responsible for the timely and accurate processing of claims for veterans compensation and pension. (2) The accuracy of claims processing within the Veterans Benefits Administration has been a subject of concern to veterans, Congress, and the Department of Veterans Affairs. (3) While the Veterans Benefits Administration has reported in the past a 95 percent accuracy rate in processing claims, a new accuracy measurement system known as the Systematic Technical Accuracy Review found that, in 1998 and again in 2000, initial reviews of veterans claims were accurate only 64 percent of the time. (4) The Veterans Benefits Administration could lose up to 30 percent of its workforce to retirement by 2003, making adequate training for claims adjudicators even more necessary to ensure veterans claims are processed efficiently. (5) The Veterans Benefits Administration needs to take more aggressive steps to ensure that veterans claims are processed in an accurate and timely fashion so as to avoid unnecessary delays in providing veterans with compensation and pension benefits. (6) In 2001 the expected appeals processing time for a claim from notice of disagreement to final decision is 621 days. (7) As of September 2001, the Veterans Benefits Administration backlog of pending work was 533,029 claims. SEC. 3. IMPROVEMENT OF PROCESSING OF VETERANS BENEFITS CLAIMS. (a) Plan Required.--Not later than 90 days after the date of enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives, the Majority Leader of the Senate, and the Speaker of the House of Representatives a comprehensive plan for the improvement of the processing of claims for veterans compensation and pension. (b) Elements.--The plan under subsection (a) shall include the following: (1) Mechanisms for the improvement of training of claims adjudicators and for the enhancement of employee accountability standards in order to ensure that initial reviews of claims are accurate and that unnecessary appeals of benefit decisions and delays in benefit payments are avoided. (2) Mechanisms for strengthening the ability of the Veterans Benefits Administration to identify recurring errors in claims adjudications by improving data collection and management relating to-- (A) the human body and impairments common in disability and pension claims; and (B) recurring deficiencies in medical evidence and examinations. (3) Mechanisms for implementing a system for reviewing claims processing accuracy that meets the internal control standard of the Federal Government on separation of duties and the program performance audit standard of the Federal Government on organizational independence. (4) Mechanisms for evaluating the impact of the Training and Performance Support System on the accuracy and consistency of claims processing. (5) Quantifiable goals for each of the mechanisms developed under paragraphs (1) through (4). (c) Consultation.--In developing the plan under subsection (a), the Secretary shall consult with and obtain the views of veterans organizations, county veteran service associations, and other interested parties. (d) Implementation.--The Secretary shall implement the plan under subsection (a) commencing 60 days after the date of the submittal of the plan under that subsection. (e) Modification.--(1) The Secretary may modify the plan submitted under subsection (a). (2) Any modification under paragraph (1) shall not take effect until 30 days after the date on which the Secretary submits to the Committees on Veterans' Affairs of the Senate and the House of Representatives, the Majority Leader of the Senate, and the Speaker of the House of Representatives a notice regarding such modification. (f) Reports.--Not later than January 1, 2003, and every six months thereafter, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives, the Majority Leader of the Senate, and the Speaker of the House of Representatives a report assessing implementation of the plan under subsection (a) during the preceding 6 months, including an assessment of whether the goals set forth under subsection (b)(5) are being achieved. (g) Funding.--The Secretary shall carry out the plan under this section in any fiscal year using amounts appropriated or otherwise made available for the Veterans Benefits Administration for that fiscal year.

Veterans Benefits Administration Improvement Act of 2001 - Directs the Secretary of Veterans Affairs to submit to the congressional veterans' committees, the Senate Majority Leader, and the Speaker of the House (the entities) a comprehensive plan for the improvement of the processing of claims for veterans' compensation and pension. Requires such plan to include the training of claims adjudicators and the enhancement of accountability standards to improve the timeliness and accuracy of such claims processing. Allows for plan modifications, but requires prior notification to the entities followed by a 30-day waiting period. Provides plan funding.

A bill to provide for the improvement of the processing of claims for veterans compensation and pension, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nonproliferation Assistance Coordination Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) United States nonproliferation efforts in the independent states of the former Soviet Union have achieved important results in ensuring that weapons of mass destruction, weapons-usable material and technology, and weapons-related knowledge remain beyond the reach of terrorists and weapons- proliferating states; (2) although these efforts are in the United States national security interest, the effectiveness of these efforts suffers from a lack of coordination within and among United States Government agencies; (3) increased spending and investment by the United States private sector on nonproliferation efforts in the independent states of the former Soviet Union, specifically, spending and investment by the United States private sector in job creation initiatives and proposals for unemployed Russian weapons scientists and technicians, is making an important contribution in ensuring that knowledge related to weapons of mass destruction remains beyond the reach of terrorists and weapons- proliferating states; and (4) increased spending and investment by the United States private sector on nonproliferation efforts in the independent states of the former Soviet Union requires the establishment of a coordinating body to ensure that United States public and private efforts are not in conflict, and to ensure that public spending on efforts by the independent states of the former Soviet Union is maximized to ensure efficiency and further United States national security interests. SEC. 3. INDEPENDENT STATES OF THE FORMER SOVIET UNION DEFINED. In this Act, the term ``independent states of the former Soviet Union'' has the meaning given the term in section 3 of the FREEDOM Support Act (22 U.S.C. 5801). SEC. 4. ESTABLISHMENT OF COMMITTEE ON NONPROLIFERATION ASSISTANCE TO THE INDEPENDENT STATES OF THE FORMER SOVIET UNION. (a) Establishment.--There is established within the executive branch of the Government an interagency committee known as the ``Committee on Nonproliferation Assistance to the Independent States of the Former Soviet Union'' (in this Act referred to as the ``Committee''). (b) Membership.-- (1) In general.--The Committee shall be composed of five members, as follows: (A) A representative of the Department of State designated by the Secretary of State. (B) A representative of the Department of Energy designated by the Secretary of Energy. (C) A representative of the Department of Defense designated by the Secretary of Defense. (D) A representative of the Department of Commerce designated by the Secretary of Commerce. (E) A representative of the Assistant to the President for National Security Affairs designated by the Assistant to the President. (2) Level of representation.--The Secretary of a department named in subparagraph (A), (B), (C), or (D) of paragraph (1) shall designate as the department's representative an official of that department who is not below the level of an Assistant Secretary of the department. (b) Chair.--The representative of the Assistant to the President for National Security Affairs shall serve as Chair of the Committee. The Chair may invite the head of any other department or agency of the United States to designate a representative of that department or agency to participate from time to time in the activities of the Committee. SEC. 5. DUTIES OF COMMITTEE. (a) In General.--The Committee shall have primary continuing responsibility within the executive branch of the Government for-- (1) monitoring United States nonproliferation efforts in the independent states of the former Soviet Union; and (2) coordinating the implementation of United States policy with respect to such efforts. (b) Duties Specified.--In carrying out the responsibilities described in subsection (a), the Committee shall-- (1) arrange for the preparation of analyses on the issues and problems relating to coordination within and among United States departments and agencies on nonproliferation efforts of the independent states of the former Soviet Union; (2) arrange for the preparation of analyses on the issues and problems relating to coordination between the United States public and private sectors on nonproliferation efforts in the independent states of the former Soviet Union, including coordination between public and private spending on nonproliferation programs of the independent states of the former Soviet Union and coordination between public spending and private investment in defense conversion activities of the independent states of the former Soviet Union; (3) provide guidance on arrangements that will coordinate, de-conflict, and maximize the utility of United States public spending on nonproliferation programs of the independent states of the former Soviet Union to ensure efficiency and further United States national security interests; (4) encourage companies and nongovernmental organizations involved in nonproliferation efforts of the independent states of the former Soviet Union to voluntarily report these efforts to the Committee; (5)(A) arrange for the preparation of analyses on the issues and problems relating to the coordination between the United States and other countries with respect to nonproliferation efforts in the independent states of the former Soviet Union; and (B) provide guidance and arrangements that will coordinate, de-conflict, and maximize the utility of United States public spending on nonproliferation programs of the independent states of the former Soviet Union to ensure efficiency and further United States national security interests; and (6) consider, and make recommendations to the President and Congress with respect to, proposals for new legislation or regulations relating to United States nonproliferation efforts in the independent states of the former Soviet Union as may be necessary. SEC. 6. ADMINISTRATIVE SUPPORT. All United States departments and agencies shall provide, to the extent permitted by law, such information and assistance as may be requested by the Committee or the Secretary of State in carrying out their functions and activities under this Act. SEC. 7. CONFIDENTIALITY OF INFORMATION. Information which has been submitted or received in confidence shall not be publicly disclosed, except to the extent required by law, and such information shall be used by the Committee only for the purpose of carrying out the functions and activities set forth in this Act. SEC. 8. STATUTORY CONSTRUCTION. Nothing in this Act-- (1) applies to the data-gathering, regulatory, or enforcement authority of any existing United States department or agency over nonproliferation efforts in the independent states of the former Soviet Union, and the review of those efforts undertaken by the Committee shall not in any way supersede or prejudice any other process provided by law; or (2) applies to any activity that is reportable pursuant to title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.).

Nonproliferation Assistance Coordination Act of 2001 - Establishes within the executive branch the Committee on Nonproliferation Assistance to the Independent States of the Former Soviet Union, which shall monitor and coordinate U.S. nonproliferation efforts in the independent states of the former Soviet Union.

A bill to establish within the executive branch of the Government an interagency committee to review and coordinate United States nonproliferation efforts in the independent states of the former Soviet Union.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wekiva Wild and Scenic River Designation Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Public Law 104-311 authorized the study of the Wekiva River and the associated tributaries of Rock Springs Run and Seminole Creek (including Wekiwa Springs Run and the tributary of Black Water Creek that connects Seminole Creek to the Wekiva River) for potential inclusion in the National Wild and Scenic Rivers System; (2) the study referred to in paragraph (1) determined that the Wekiva River and the associated tributaries of Wekiwa Springs Run, Rock Springs Run, Seminole Creek, and Black Water Creek downstream of Lake Norris to the confluence with the Wekiva River are eligible for inclusion in the National Wild and Scenic Rivers System based on the free-flowing condition and outstanding scenic, recreational, fishery, wildlife, historic, cultural, and water quality values of those waterways; (3) the public support for designation of the Wekiva River as a component of the National Wild and Scenic Rivers System has been demonstrated through substantial attendance at public meetings, State and local agency support, and the support and endorsement of designation by the Wekiva River Basin Working Group that was established by the Department of Environmental Protection of the State of Florida and represents a broad cross section of State and local agencies, landowners, environmentalists, nonprofit organizations, and recreational users; (4) the State of Florida has demonstrated a commitment to protect the Wekiva River-- (A) by enacting Florida Statutes chapter 369, the Wekiva River Protection Act; (B) by establishing a riparian habitat wildlife protection zone and water quality protection zone administered by the St. Johns River Water Management District; (C) by designating the Wekiva River as outstanding Florida waters; and (D) by acquiring State preserve, reserve, and park land adjacent to the Wekiva River and associated tributaries; (5) Lake, Seminole, and Orange Counties, Florida, have demonstrated their commitment to protect the Wekiva River and associated tributaries in the comprehensive land use plans and land development regulations of those counties; and (6) the segments of the Wekiva River, Rock Springs Run, and Black Water Creek described in section 3, totaling approximately 41.6 miles, are in public ownership, protected by conservation easements, or defined as waters of the State of Florida. SEC. 3. DESIGNATION. 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: ``(162) Wekiva river, wekiwa springs run, rock springs run, and black water creek, florida.-- ``(A) The 41.6 miles of river and tributary segments in Florida, as follows: ``(i) Wekiva river, florida.--The 14.9 miles of the Wekiva River, from its confluence with the St. Johns River to Wekiwa Springs, to be administered by the Secretary of the Interior in the following classifications: ``(I) From the confluence with the St. Johns River to the southern boundary of the Lower Wekiva River State Preserve, approximately 4.4 miles, as a wild river. ``(II) From the southern boundary of the Lower Wekiva River State Preserve to the northern boundary of Rock Springs Run State Reserve at the Wekiva River, approximately 3.4 miles, as a recreational river. ``(III) From the northern boundary of Rock Springs Run State Reserve at the Wekiva River to the southern boundary of Rock Springs Run State Reserve at the Wekiva River, approximately 5.9 miles, as a wild river. ``(IV) From the southern boundary of Rock Springs Run State Reserve at the Wekiva River upstream along Wekiwa Springs Run to Wekiwa Springs, approximately 1.2 miles, as a recreational river. ``(ii) Rock springs run, florida.--The 8.8 miles of Rock Springs Run, from its confluence with the Wekiwa Springs Run to its headwaters at Rock Springs, to be administered by the Secretary in the following classifications: ``(I) From the confluence with Wekiwa Springs Run to the western boundary of Rock Springs Run State Reserve at Rock Springs Run, approximately 6.9 miles, as a wild river. ``(II) From the western boundary of Rock Springs Run State Reserve at Rock Springs Run to Rock Springs, approximately 1.9 miles, as a recreational river. ``(iii) Black water creek, florida.--The 17.9 miles of Black Water Creek from its confluence with the Wekiva River to the outflow from Lake Norris, to be administered by the Secretary in the following classifications: ``(I) From the confluence with the Wekiva River to approximately .25 mile downstream of the Seminole State Forest road crossing, approximately 4.0 miles, as a wild river. ``(II) From approximately .25 mile downstream of the Seminole State Forest road to approximately .25 mile upstream of the Seminole State Forest road crossing, approximately .5 mile, as a scenic river. ``(III) From approximately .25 mile upstream of the Seminole State Forest road crossing to approximately .25 mile downstream of the old railroad grade crossing (approximately river mile 9), approximately 4.5 miles, as a wild river. ``(IV) From approximately .25 mile downstream of the old railroad grade crossing (approximately river mile 9) upstream to the boundary of Seminole State Forest (approximately river mile 10.6), approximately 1.6 miles, as a scenic river. ``(V) From the boundary of Seminole State Forest (approximately river mile 10.6) to approximately .25 mile downstream of the State Road 44 crossing, approximately .9 mile, as a wild river. ``(VI) From approximately .25 mile downstream of State Road 44 to approximately .25 mile upstream of the State Road 44A crossing, approximately .5 mile, as a recreational river. ``(VII) From approximately .25 mile upstream of the State Road 44A crossing to approximately .25 mile downstream of the Lake Norris Road crossing, approximately 4.8 miles, as a wild river. ``(VIII) From approximately .25 mile downstream of the Lake Norris Road crossing to the outflow from Lake Norris, approximately 1.1 miles, as a recreational river. SEC. 4. SPECIAL REQUIREMENTS APPLICABLE TO WEKIVA RIVER AND TRIBUTARIES. (a) Definitions.--As used in this Act: (1) Committee.--The term ``Committee'' means the Wekiva River System Advisory Management Committee established pursuant to section 5. (2) Comprehensive management plan.--The terms ``comprehensive management plan'' and ``plan'' mean the comprehensive management plan to be developed pursuant to section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Wekiva river system.--The term ``Wekiva River system'' means the segments of the Wekiva River, Wekiwa Springs Run, Rock Springs Run, and Black Water Creek in the State of Florida designated as components of the National Wild and Scenic Rivers System by paragraph (161) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), as added by this Act. (b) Cooperative Agreement.-- (1) Use authorized.--In order to provide for the long-term protection, preservation, and enhancement of the Wekiva River system, the Secretary shall offer to enter into cooperative agreements pursuant to sections 10(c) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c), 1282(b)(1)) with the State of Florida, appropriate local political jurisdictions of the State, namely the counties of Lake, Orange, and Seminole, and appropriate local planning and environmental organizations. (2) Effect of agreement.--Administration by the Secretary of the Wekiva River system through the use of cooperative agreements shall not constitute National Park Service administration of the Wekiva River system for purposes of section 10(c) of the Wild and Scenic Rivers Act (10 U.S.C. 1281(c)) and shall not cause the Wekiva River system to be considered as a unit of the National Park System. Publicly owned lands within the boundaries of the Wekiva River system shall continue to be managed by the agency having jurisdiction over the lands, in accordance with the statutory authority and mission of the agency. (c) Compliance Review.--After completion of the comprehensive management plan, the Secretary shall biennially review compliance with the plan and shall promptly report to the Committee on Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate any deviation from the plan that could result in any diminution of the values for which the Wekiva River system was designated as a component of the National Wild and Scenic Rivers System. (d) Technical Assistance and Other Support.--The Secretary may provide technical assistance, staff support, and funding to assist in the development and implementation of the comprehensive management plan. (e) Future Designation of Seminole Creek.--If the Secretary finds that Seminole Creek in the State of Florida, from its headwaters at Seminole Springs to its confluence with Black Water Creek, is eligible for designation under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.), and the owner of the property through which Seminole Creek runs notifies the Secretary of the owner's support for designation, the Secretary may designate that tributary as an additional component of the National Wild and Scenic Rivers System. The Secretary shall publish notice of the designation in the Federal Register, and the designation shall become effective on the date of publication. (f) Limitation on Federal Support.--Nothing in this section shall be construed to authorize funding for land acquisition, facility development, or operations. SEC. 5. WEKIVA RIVER SYSTEM ADVISORY MANAGEMENT COMMITTEE. (a) Establishment.--The Secretary shall establish an advisory committee, to be known as the Wekiva River System Advisory Management Committee, to assist in the development of the comprehensive management plan for the Wekiva River system. (b) Membership.--The Committee shall be composed of a representative of each of the following agencies and organizations: (1) The Department of the Interior, represented by the Director of the National Park Service or the Director's designee. (2) The East Central Florida Regional Planning Council. (3) The Florida Department of Environmental Protection, Division of Recreation and Parks. (4) The Florida Department of Environmental Protection, Wekiva River Aquatic Reserve. (5) The Florida Department of Agriculture and Consumer Services, Division of Forestry, Seminole State Forest. (6) The Florida Audobon Society. (7) The nonprofit organization known as the Friends of the Wekiva. (8) The Lake County Water Authority. (9) The Lake County Planning Department. (10) The Orange County Parks and Recreation Department, Kelly Park. (11) The Seminole County Planning Department. (12) The St. Johns River Water Management District. (13) The Florida Fish and Wildlife Conservation Commission. (14) The City of Altamonte Springs. (15) The City of Longwood. (16) The City of Apopka. (17) The Florida Farm Bureau Federation. (18) The Florida Forestry Association. (c) Additional Members.--Other interested parties may be added to the Committee by request to the Secretary and unanimous consent of the existing members. (d) Appointments.--Representatives and alternates to the Committee shall be appointed as follows: (1) State agency representatives, by the head of the agency. (2) County representatives, by the Board of County Commissioners. (3) Water management district, by the Governing Board. (4) Department of the Interior representative, by the Southeast Regional Director, National Park Service. (5) East Central Florida Regional Planning Council, by Governing Board. (6) Other organizations, by the Southeast Regional Director, National Park Service. (e) Role of Committee.--The Committee shall assist in the development of the comprehensive management plan for the Wekiva River system and provide advice to the Secretary in carrying out the management responsibilities of the Secretary under this Act. The Committee shall have an advisory role only, it will not have regulatory or land acquisition authority. (f) Voting and Committee Procedures.--Each member agency, agency division, or organization referred to in subsection (b) shall have one vote and provide one member and one alternate. Committee decisions and actions will be made with the consent of \3/4\ of all voting members. Additional necessary Committee procedures shall be developed as part of the comprehensive management plan. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act. Passed the Senate July 27, 2000. Attest: Secretary. 106th CONGRESS 2d Session S. 2352 _______________________________________________________________________ AN ACT To amend the Wild and Scenic Rivers Act to designate the Wekiva River and its tributaries of Wekiwa Springs Run, Rock Springs Run, and Black Water Creek in the State of Florida as components of the National Wild and Scenic Rivers System.

Directs the Secretary of the Interior to offer to enter into cooperative agreements with Florida and Lake, Orange, and Seminole counties, and appropriate local planning and environmental organizations to provide for the long-term protection, preservation, and enhancement of the Wekiva River system (segments of the Wekiva River, Wekiwa Springs Run, Rock Springs Run, and Black Water Creek designated as NWSRS components under this Act). Declares that the Secretary's administration of the system by the use of such agreements shall not constitute National Park Service administration of the Wekiva river system and shall not cause such system to be considered as a National Park System unit. Requires publicly owned lands within the system's boundaries to continue to be managed by the agency having jurisdiction over the lands, in accordance with the statutory authority and mission of the agency. Provides that: (1) if the Secretary determines that a specified segment of Seminole Creek in Florida is eligible for designation as a NWSRS component and the owner of the property through which Seminole Creek runs notifies the Secretary of his or her support for such designation, the Secretary may designate that tributary as an additional NWSRS component; and (2) nothing in this Act shall be construed to authorize funding for land acquisition, facility development, or operation. Requires the Secretary to establish the Wekiva River System Advisory Management Committee to: (1) assist in the development of the comprehensive management plan to be developed as required by the Act for the Wekiva River system; and (2) provide advice to the Secretary in carrying out management responsibilities under this Act. Authorizes appropriations.

Wekiva Wild and Scenic River Designation Act

SECTION 1. EXTENSION OF NATIONAL GUARD AUTHORITIES TO MAYOR OF THE DISTRICT OF COLUMBIA. (a) Mayor as Commander-in-Chief.--Section 6 of the Act entitled ``An Act to provide for the organization of the militia of the District of Columbia, and for other purposes'', approved March 1, 1889 (sec. 49- 409, D.C. Official Code), is amended by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''. (b) Reserve Corps.--Section 72 of such Act (sec. 49-407, D.C. Official Code) is amended by striking ``President of the United States'' each place it appears and inserting ``Mayor of the District of Columbia''. (c) Appointment of Commissioned Officers.--(1) Section 7(a) of such Act (sec. 49-301(a), D.C. Official Code) is amended-- (A) by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''; and (B) by striking ``President.'' and inserting ``Mayor.''. (2) Section 9 of such Act (sec. 49-304, D.C. Official Code) is amended by striking ``President'' and inserting ``Mayor of the District of Columbia''. (3) Section 13 of such Act (sec. 49-305, D.C. Official Code) is amended by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''. (4) Section 19 of such Act (sec. 49-311, D.C. Official Code) is amended-- (A) in subsection (a), by striking ``to the Secretary of the Army'' and all that follows through ``which board'' and inserting ``to a board of examination appointed by the Commanding General, which''; and (B) in subsection (b), by striking ``the Secretary of the Army'' and all that follows through the period and inserting ``the Mayor of the District of Columbia, together with any recommendations of the Commanding General.''. (5) Section 20 of such Act (sec. 49-312, D.C. Official Code) is amended-- (A) by striking ``President of the United States'' each place it appears and inserting ``Mayor of the District of Columbia''; and (B) by striking ``the President may retire'' and inserting ``the Mayor may retire''. (d) Call for Duty.--(1) Section 45 of such Act (sec. 49-103, D.C. Official Code) is amended by striking ``, or for the United States Marshal'' and all that follows through ``shall thereupon order'' and inserting ``to order''. (2) Section 46 of such Act (sec. 49-104, D.C. Official Code) is amended by striking ``the President'' and inserting ``the Mayor of the District of Columbia''. (e) General Courts Martial.--Section 51 of such Act (sec. 49-503, D.C. Official Code) is amended by striking ``the President of the United States'' and inserting ``the Mayor of the District of Columbia''. SEC. 2. RETENTION OF PRESIDENTIAL AUTHORITY OVER USE OF NATIONAL GUARD OF THE DISTRICT OF COLUMBIA TO RESPOND TO HOMELAND DEFENSE EMERGENCIES. (a) In General.--Chapter 9 of title 32, United States Code, is amended by adding at the end the following new section: ``Sec. 909. Control of National Guard of the District of Columbia for homeland defense activities ``Notwithstanding the authority of the Mayor of the District of Columbia as the Commander-in-Chief of the National Guard of the District of Columbia, as provided by section 6 of the Act entitled `An Act to provide for the organization of the militia of the District of Columbia, and for other purposes', approved March 1, 1889 (sec. 49-409, D.C. Official Code), the President retains control over units and members of the National Guard of the District of Columbia to conduct homeland defense activities that the President determines to be necessary and appropriate for participation by the National Guard units or members.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``909. Control of National Guard of the District of Columbia for homeland defense activities.''. SEC. 3. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES CODE. (a) Failure to Satisfactorily Perform Prescribed Training.--Section 10148(b) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (b) Appointment of Chief of National Guard Bureau.--Section 10502(a)(1) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (c) Vice Chief of National Guard Bureau.--Section 10505(a)(1)(A) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (d) Other Senior National Guard Bureau Officers.--Section 10506(a)(1) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' both places it appears and inserting ``the Mayor of the District of Columbia''. (e) Consent for Active Duty or Relocation.--(1) Section 12301 of title 10, United States Code, is amended-- (A) in subsection (b), by striking ``commanding general of the District of Columbia National Guard'' in the second sentence and inserting ``Mayor of the District of Columbia''; and (B) in subsection (d), by striking ``governor or other appropriate authority of the State concerned'' and inserting ``governor of the State (or, in the case of the District of Columbia National Guard, the Mayor of the District of Columbia)''. (2) Section 12406 of such title is amended by striking ``the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. (f) Consent for Relocation of Units.--Section 18238 of such title is amended by striking ``the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. SEC. 4. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES CODE. (a) Maintenance of Other Troops.--Section 109(c) of title 32, United States Code, is amended by striking ``(or commanding general in the case of the District of Columbia)''. (b) Drug Interdiction and Counter-Drug Activities.--Section 112(h)(2) of such title is amended by striking ``the Commanding General of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. (c) Additional Assistance.--Section 113 of such title is amended by adding at the end the following new subsection: ``(e) Inclusion of District of Columbia.--In this section, the term `State' includes the District of Columbia.''. (d) Appointment of Adjutant General.--Section 314 of such title is amended-- (1) by striking subsection (b); (2) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and (3) in subsection (b) (as so redesignated), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia,''. (e) Relief From National Guard Duty.--Section 325(a)(2)(B) of such title is amended by striking ``the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. (f) Personnel Matters.--Section 505 of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' in the first sentence and inserting ``Mayor of the District of Columbia''. (g) National Guard Challenge Program.--Section 509 of such title is amended-- (1) in subsection (c)(1), by striking ``the commanding general of the District of Columbia National Guard, under which the Governor or the commanding general'' and inserting ``the Mayor of the District of Columbia, under which the Governor or the Mayor''; (2) in subsection (g)(2), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''; (3) in subsection (j), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''; and (4) in subsection (k), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (h) Issuance of Supplies.--Section 702(a) of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' and inserting ``Mayor of the District of Columbia''. (i) Appointment of Fiscal Officer.--Section 708(a) of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' and inserting ``Mayor of the District of Columbia''. SEC. 5. CONFORMING AMENDMENT TO THE DISTRICT OF COLUMBIA HOME RULE ACT. Section 602(b) of the District of Columbia Home Rule Act (sec. 1- 206.02(b), D.C. Official Code) is amended by striking ``the National Guard of the District of Columbia,''.

Amends the District of Columbia Code to make the Mayor of the District of Columbia (under current law, the President of the United States) the Commander-in-Chief of the National Guard of the District. Provides that, notwithstanding the authority of the Mayor of the District of Columbia as such Commander-in-Chief, the President shall retain control over units and members of the District of Columbia National Guard to conduct necessary and appropriate homeland defense activities.

To extend to the Mayor of the District of Columbia the same authority over the National Guard of the District of Columbia as the Governors of the several States exercise over the National Guard of those States with respect to administration of the National Guard and its use to respond to natural disasters and other civil disturbances, while ensuring that the President retains control of the National Guard of the District of Columbia to respond to homeland defense emergencies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster-Affected Homeowners Notification Act of 2013''. SEC. 2. REQUIREMENT TO NOTIFY AFFECTED HOMEOWNERS OF MORTGAGE RELIEF. (a) Requirement.--If, in connection with any major disaster declared pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), the Secretary of Housing and Urban Development, the Director of the Federal Housing Finance Agency, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation makes available forbearance relief with respect to any covered mortgage, or any such agency head or enterprise issues any notice or guidelines to mortgagees or servicers recommending or requiring such relief, the applicable agency head shall-- (1) provide, to each mortgagor under a covered mortgage, direct notification in accordance with subsection (b) of such relief made available, required, or recommended; and (2) provide, for areas subject to such disaster declaration, community-wide notification in accordance with the guidelines issued under subsection (c) of such relief made available, required, or recommended. (b) Direct Notification.--Direct notification in accordance with this subsection is notification to the mortgagor under a covered mortgage-- (1)(A) made by a telephone call to the mortgagor or by mail to the residence subject to the mortgage; and (B) by such other method of direct contact as may be provided in the guidelines issued pursuant to subsection (e); and (2) that clearly informs the mortgagor-- (A) that the mortgage is a covered mortgage; (B) of the forbearance relief made available, required, or recommended; (C) of any moratorium on foreclosure with respect to covered mortgages; and (D) of how to obtain more information regarding such relief. (c) Community-Wide Notification and Awareness Measures.--The applicable agency heads shall, pursuant to subsection (e), issue guidelines regarding measures designed to provide notice and awareness of any forbearance relief made available, required, or recommended in connection with a major disaster throughout the areas subject to such disaster declaration. Such guidelines may include requirements regarding the types of notification measures, such as town hall meetings, public service announcements, public advertisements and the types of media used to convey such advertisements, and flyers and other community notices. (d) Definitions.--For purposes of this section, the following definitions shall apply: (1) Applicable agency head.--The term ``applicable agency head'' means-- (A) the Secretary, with respect to a covered mortgage described in paragraph (2)(B)(i); and (B) the Director, with respect to a covered mortgage described in paragraph (2)(B)(ii). (2) Covered mortgage.--The term ``covered mortgage'' means, with respect to any major disaster declared pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), a mortgage-- (A) that is secured by a one- to four-family dwelling that-- (i) is the principal residence of the mortgagor; and (ii) is located within an area for which such major disaster was declared; and (B) that is-- (i) insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.); or (ii) owned or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. Any delinquency or default under a mortgage shall not affect the status of such mortgage as a covered mortgage. (3) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (4) Forbearance relief.--The term ``forbearance relief'' means, with respect to a mortgage, any suspension or reduction of payments due under the mortgage, in any form and to any extent. (5) Mortgagee.--The term ``mortgagee'' means, with respect to a covered mortgage, the original lender under the mortgage and any affiliates, agents, subsidiaries, successors, or assignees of such lender, any subsequent purchaser, trustee, or transferee of the mortgage or credit instrument issued by such lender. (6) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (e) Guidelines.--Not later than the expiration of the 30-day period beginning on the date of the enactment of this Act, the Secretary and the Director shall jointly issue guidelines to carry out this section. (f) Applicability.--This Act shall apply with respect to any major disaster declared pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act in connection with Hurricane Sandy and any major disaster declared thereafter.

Disaster-Affected Homeowners Notification Act of 2013 - Requires certain notifications if, in connection with any major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the Secretary of Housing and Urban Development (HUD), the Director of the Federal Housing Agency, the Federal National Mortgage Association (Fannie Mae), or the Federal Home Loan Mortgage Corporation (Freddie Mac) makes available forbearance relief with respect to any covered mortgage, or any such agency head or enterprise issues any notice or guidelines to mortgagees or servicers recommending or requiring such relief. Directs the applicable agency head to provide: (1) to each mortgagor under a covered mortgage direct notification of the forbearance relief made available, required, or recommended; and (2) for areas subject to such disaster declaration, community-wide notification of such relief. Directs the applicable agency heads to issue guidelines regarding measures designed to provide notice and awareness of forbearance relief.

Disaster-Affected Homeowners Notification Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Disability Claims Efficiency Act of 2010''. SEC. 2. IMPROVEMENT OF DISABILITY CLAIMS PROCESSING. (a) Establishment of Fast Track Interim Disability Ratings.-- Section 1157 of title 38, United States Code, is amended-- (1) by striking ``The Secretary'' and inserting the following: ``(a) In General.--The Secretary''; and (2) by adding at the end the following new subsection: ``(b) Fast Track Interim Disability Ratings.--(1) In the case of a veteran who submits to the Secretary a claim for compensation under this chapter for more than one condition and the Secretary determines that a disability rating can be assigned without further development for one or more conditions but not all conditions in the claim, the Secretary shall-- ``(A) expeditiously review the claim in accordance with section 5103B of this title; ``(B) assign an interim disability rating for each condition that the Secretary determines could be assigned without further development (except as provided in paragraph (3)(A)); and ``(C) continue development of the remaining conditions. ``(2) If the Secretary is able to assign a disability rating for a condition described in paragraph (1)(C) with respect to a claim, the Secretary shall assign such rating and combine such rating with each interim rating previously assigned under paragraph (1)(B) with respect to that claim. ``(3)(A) With respect to an interim disability rating assigned under paragraph (1)(B) for a condition that is rated less than the maximum rate, the Secretary shall continue development of such condition. ``(B) Except as provided in subparagraph (C), an interim disability rating assigned under paragraph (1)(B) for a condition shall remain in effect unless the Secretary later assigns an increased rating for such condition. ``(C) Under regulations prescribed by the Secretary, subparagraph (B) shall not apply to an interim disability rating assigned under paragraph (1)(B) for a condition if-- ``(i) such rating was based on fraud; or ``(ii) such condition improves.''. (b) Establishment of Fast Track Claim Review Process.-- (1) In general.--Subchapter I of chapter 51 of title 38, United States Code, is amended by inserting after section 5103A the following new section: ``Sec. 5103B. Expedited review of initial claims for disability compensation ``(a) Process Required.--The Secretary shall establish a process for the rapid identification of initial claims for disability compensation that should, in the adjudication of such claims, receive priority in the order of review. ``(b) Review of Initial Claims.--As part of the process required by subsection (a), the Secretary shall carry out a preliminary review of all initial claims for disability compensation submitted to the Secretary in order to identify whether-- ``(1) the claims have the potential of being adjudicated quickly, including claims where an interim disability rating could be assigned under section 1157(b)(1)(B) of this title; ``(2) the claims qualify for priority treatment under paragraph (2) of subsection (c); and ``(3) a temporary disability rating could be assigned with respect to the claims under section 1156 of this title. ``(c) Priority in Adjudication of Initial Claims.--(1) As part of the process required by subsection (a) and except as provided in paragraph (2), the Secretary shall, in the adjudication of initial claims for disability compensation submitted to the Secretary, give priority in the order of review of such claims to claims identified under subsection (b)(1) as having the potential of being adjudicated quickly. ``(2) Under regulations prescribed for such purpose, the Secretary may provide priority in the order of review of initial claims for disability compensation based on the effect such priority would have on a claimant.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 51 of such title is amended by inserting after the item relating to section 5103A, the following new item: ``5103B. Expedited review of initial claims for disability compensation''. (c) Reports.-- (1) First interim report.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate congressional committees a report on-- (A) the implementation of sections 1157(b) and 5103B of title 38, United States Code, as added by this section; (B) the workflow of the employees of the Department of Veterans Affairs who review and process claims for disability compensation, including an analysis of-- (i) the efficiency of such employees; and (ii) whether such claims are directed to such employees based on the complexity of the claim in relation to the experience and skill of the employee; and (C) pilot programs carried out by the Secretary relating to the review and process of claims for disability compensation, including-- (i) the status of such pilot programs; (ii) an evaluation of any best practices learned from such pilot programs; and (iii) whether such practices should be expanded. (2) Second interim report.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees an update to the report submitted under paragraph (1). (3) Final report.--Not later than two years after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees an update to the report submitted under paragraph (2). (4) Appropriate congressional committees.--In this subsection, the term ``appropriate congressional committees'' means the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to claims for disability compensation filed on or after the date that is two years after the date of the enactment of this Act.

Veterans' Disability Claims Efficiency Act of 2010 - Allows the Secretary of Veterans Affairs (VA), in the case of a disability claim with multiple conditions, to assign an interim disability rating for the condition(s) that can be assigned without further development and to continue development of the remaining condition(s). Requires an interim disability rating to remain in effect unless the Secretary later assigns an increased rating for such condition. Prohibits the continuation of such rating if the rating was based on fraud or the condition improves. Directs the Secretary to establish a process for the rapid identification of initial claims for disability compensation that should, in adjudication, receive priority in the order of review. Requires the Secretary to identify whether claims have the potential of being adjudicated quickly, the claims qualify for priority treatment, and a temporary disability rating could be assigned for such claims. Authorizes the Secretary to provide priority based on the effect such priority would have on a claimant.

To amend title 38, United States Code, to improve the efficiency of processing certain claims for disability compensation by veterans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Access to Manufactured Housing Act of 2013''. SEC. 2. MORTGAGE ORIGINATOR DEFINITION. (a) Amendment to Definition.--Section 1401 of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended, in paragraph (2)(C)(ii) of the matter proposed to be added to section 103 of the Truth in Lending Act, by striking ``an employee of a retailer of manufactured homes who is not described in clause (i) or (iii) of subparagraph (A) and who does not advise a consumer on loan terms (including rates, fees, and other costs)'' and inserting ``a retailer of manufactured or modular homes or its employees unless such retailer or its employees receive compensation or gain for engaging in activities described in subparagraph (A) that is in excess of any compensation or gain received in a comparable cash transaction''. (b) Technical Amendments.--(1) Section 1401 of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended, in the matter proposed to be added to section 103 of the Truth in Lending Act, by redesignating subsection (cc) as subsection (dd). (2) Section 1431(d) of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended-- (A) by striking ``subsection (cc)'' and inserting ``subsection (dd)''; and (B) in the matter proposed to be added to section 103 of the Truth in Lending Act by redesignating subsection (dd) as subsection (ee). (c) Effective Date.--The amendments made by this section shall take effect as if included in the provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act to which they relate. SEC. 3. HIGH-COST MORTGAGE DEFINITION. Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is amended-- (1) by redesignating subsection (aa) (relating to disclosure of greater amount or percentage), as so designated by section 1100A of Public Law 111-203, as subsection (bb); (2) by redesignating subsection (bb) (relating to high cost mortgages), as so designated by section 1100A of Public Law 111-203, as subsection (aa), and moving such subsection to immediately follow subsection (z); and (3) in subsection (aa)(1)(A), as so redesignated-- (A) in clause (i)(I)-- (i) by striking ``(8.5 percentage points, if the dwelling is personal property and the transaction is for less than $50,000)''; and (ii) by striking ``or'' at the end; (B) in clause (i)(II), by adding ``or'' at the end; (C) in clause (i), by adding at the end the following: ``(III) by a first mortgage on a consumer's principal dwelling that is considered personal property (or is a consumer credit transaction that does not include the purchase of real property on which a dwelling is to be placed), the annual percentage rate at consummation of the transaction will exceed the average prime offer rate, as defined in section 129C(b)(2)(B), for a comparable transaction, by more than-- ``(aa) 8.5 percentage points, in the case of a transaction in an amount of $50,000 or more, but less than $75,000 (as such amounts are adjusted by the Bureau to reflect the change in the Consumer Price Index); ``(bb) 10.5 percentage points, in the case of a transaction in an amount of more than $30,000, but less than $50,000 (as such amounts are adjusted by the Bureau to reflect the change in the Consumer Price Index); or ``(cc) 12.5 percentage points, in the case of a transaction in an amount of $30,000 or less (as such amount is adjusted by the Bureau to reflect the change in the Consumer Price Index), or a higher percentage established by the Bureau not to exceed 14.5 percentage points in such cases, if the Bureau determines that the lower rate would restrict access to credit and that raising the rate would not have a detrimental impact on consumer protection.''; and (D) in clause (ii)-- (i) in subclause (I), by striking ``or'' at the end; and (ii) by adding at the end the following: ``(III) in the case of a transaction for less than $75,000 (as such amount is adjusted by the Bureau to reflect the change in the Consumer Price Index) in which the dwelling is considered personal property (or is a consumer credit transaction that does not include the purchase of real property on which a dwelling is to be placed) the greater of 5 percent of the total transaction amount or $3,000 (as such amount is adjusted by the Bureau to reflect the change in the Consumer Price Index); or''.

Preserving Access to Manufactured Housing Act of 2013 - Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to revise the exclusion from the meaning of "mortgage originator" of any employee of a retailer of manufactured homes who does not for compensation or gain take residential mortgage loan applications, for compensation or gain offer or negotiate terms of a residential mortgage loan, or advise a consumer on loan terms (including rates, fees, and other costs). Excludes from the meaning of "mortgage originator," instead, any retailer of manufactured or modular homes or its employees unless the retailer or its employees receive compensation or gain for engaging in certain activities in excess of any compensation or gain received in a comparable cash transaction. Amends the Truth in Lending Act to revise the definition of "high cost mortgage."

Preserving Access to Manufactured Housing Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grow Our Own Directive: Physician Assistant Employment and Education Act of 2015''. SEC. 2. PILOT PROGRAM TO PROVIDE EDUCATIONAL ASSISTANCE TO PHYSICIAN ASSISTANTS TO BE EMPLOYED AT THE DEPARTMENT OF VETERANS AFFAIRS. (a) Pilot Program.-- (1) In general.--The Secretary of Veterans Affairs shall carry out a pilot program to be known as the ``Grow Our Own Directive'' or ``G.O.O.D.'' pilot program (in this section referred to as the ``pilot program'') to provide educational assistance to certain former members of the Armed Forces for education and training as physician assistants of the Department of Veterans Affairs. (2) Information on pilot program.--The Secretary shall provide information on the pilot program to eligible individuals under subsection (b), including information on application requirements and a list of entities with which the Secretary has partnered under subsection (g). (b) Eligible Individuals.--An individual is eligible to participate in the pilot program if the individual-- (1) has medical or military health experience gained while serving as a member of the Armed Forces; (2) has received a certificate, associate degree, baccalaureate degree, master's degree, or postbaccalaureate training in a science relating to health care; (3) has participated in the delivery of health care services or related medical services, including participation in military training relating to the identification, evaluation, treatment, and prevention of diseases and disorders; and (4) does not have a degree of doctor of medicine, doctor of osteopathy, or doctor of dentistry. (c) Duration.--The pilot program shall be carried out during the five-year period beginning on the date that is 180 days after the date of the enactment of this Act. (d) Selection.-- (1) In general.--The Secretary shall select not less than 250 eligible individuals under subsection (b) to participate in the pilot program. (2) Priority for selection.--In selecting individuals to participate in the pilot program under paragraph (1), the Secretary shall give priority to the following individuals: (A) Individuals who participated in the Intermediate Care Technician Pilot Program of the Department that was carried out by the Secretary between January 2011 and February 2015. (B) Individuals who agree to be employed as a physician assistant for the Veterans Health Administration at a medical facility of the Department located in a community that-- (i) is designated as a medically underserved population under section 330(b)(3)(A) of the Public Health Service Act (42 U.S.C. 254b(b)(3)(A)); and (ii) is in a State with a per capita population of veterans of more than 9 percent according to the National Center for Veterans Analysis and Statistics and the United States Census Bureau. (e) Educational Assistance.-- (1) In general.--In carrying out the pilot program, the Secretary shall provide educational assistance to individuals participating in the pilot program, including through the use of scholarships, to cover the costs to such individuals of obtaining a master's degree in physician assistant studies or a similar master's degree. (2) Use of existing programs.--In providing educational assistance under paragraph (1), the Secretary shall use the Department of Veterans Affairs Health Professionals Educational Assistance Program under chapter 76 of title 38, United States Code, and such other educational assistance programs of the Department as the Secretary considers appropriate. (3) Use of scholarships.--The Secretary shall provide not less than 35 scholarships under the pilot program to individuals participating in the pilot program during each year in which the pilot program is carried out. (f) Period of Obligated Service.-- (1) In general.--The Secretary shall enter into an agreement with each individual participating in the pilot program in which such individual agrees to be employed as a physician assistant for the Veterans Health Administration for a period of obligated service specified in paragraph (2). (2) Period specified.--With respect to each individual participating in the pilot program, the period of obligated service specified in this paragraph for the individual is-- (A) if the individual is participating in the pilot program through a program described in subsection (e)(2) that specifies a period of obligated service, the period specified with respect to such program; or (B) if the individual is participating in the pilot program other than through a program described in such subsection, or if such program does not specify a period of obligated service, a period of three years or such other period as the Secretary considers appropriate for purposes of the pilot program. (g) Breach.-- (1) Liability.--Except as provided in paragraph (2), an individual who participates in the pilot program and fails to satisfy the period of obligated service under subsection (f) shall be liable to the United States, in lieu of such obligated service, for the amount that has been paid or is payable to or on behalf of the individual under the pilot program, reduced by the proportion that the number of days served for completion of the period of obligated service bears to the total number of days in the period of obligated service of such individual. (2) Exception.--If an individual is participating in the pilot program through a program described in subsection (e)(2) that specifies a period of obligated service, the liability of the individual for failing to satisfy the period of obligated service under subsection (f) shall be determined as specified with respect to such program. (h) Mentors.--The Secretary shall ensure that a physician assistant mentor or mentors are available for individuals participating in the pilot program at each facility of the Veterans Health Administration at which a participant in the pilot program is employed. (i) Partnerships.--In carrying out the pilot program, the Secretary shall seek to partner with the following: (1) Not less than 15 institutions of higher education that-- (A) offer a master's degree program in physician assistant studies or a similar area of study that is accredited by the Accreditation Review Commission on Education for the Physician Assistant; and (B) agree-- (i) to guarantee seats in such master's degree program for individuals participating in the pilot program who meet the entrance requirements for such master's degree program; and (ii) to provide individuals participating in the pilot program with information on admissions criteria and the admissions process. (2) Other institutions of higher education that offer programs in physician assistant studies or other similar areas of studies that are accredited by the Accreditation Review Commission on Education for the Physician Assistant. (3) The Transition Assistance Program of the Department of Defense. (4) The Veterans' Employment and Training Service of the Department of Labor. (5) Programs carried out under chapter 41 of title 38, United State Code, for the purpose of marketing and advertising the pilot program to veterans and members of the Armed Forces who may be interested in the pilot program. (j) Administration of Pilot Program.--For purposes of carrying out the pilot program, the Secretary shall appoint or select within the Office of Physician Assistant Services of the Veterans Health Administration the following: (1) A Deputy Director for Education and Career Development of Physician Assistants who-- (A) is a physician assistant, a veteran, and employed by the Department as of the date of the enactment of this Act; (B) is responsible for-- (i) overseeing the pilot program; (ii) recruiting candidates to participate in the pilot program; (iii) coordinating with individuals participating in the pilot program and assisting those individuals in applying and being admitted to a master's degree program under the pilot program; and (iv) providing information to eligible individuals under subsection (b) with respect to the pilot program; and (C) may be employed in the field at a medical center of the Department. (2) A Deputy Director of Recruitment and Retention who-- (A) is a physician assistant, a veteran, and employed by the Department as of the date of the enactment of this Act; (B) is responsible for-- (i) identifying and coordinating the needs of the pilot program and assist the Secretary in providing mentors under subsection (h) to participants in the pilot program; and (ii) coordinating the staff of facilities of the Veterans Health Administration with respect to identifying employment positions and mentors under subsection (h) for participants in the pilot program; and (C) may be employed in the field at a medical center of the Department. (3) A recruiter who-- (A) reports directly to the Deputy Director of Recruitment and Retention; and (B) works with the Workforce Management and Consulting Office and the Healthcare Talent Management Office of the Veterans Health Administration to develop and implement national recruiting strategic plans for the recruitment and retention of physician assistants within the Department. (4) An administrative assistant, compensated at a rate not less than level GS-6 of the General Schedule, or equivalent, who assists with administrative duties relating to the pilot program in the Office of Physician Assistant Services and such other duties as determined by the Secretary to ensure that the Office runs effectively and efficiently. (k) Report.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in collaboration with the Secretary of Labor, the Secretary of Defense, and the Secretary of Health and Human Services, shall submit to Congress a report on the pilot program. (2) Elements.--The report required by paragraph (1) shall include the following: (A) The extent to which the pilot program is effective in improving the ability of eligible individuals under subsection (b) to become physician assistants. (B) An examination of whether the pilot program is achieving the goals of-- (i) enabling individuals to build on medical skills gained as members of the Armed Forces by entering into the physician assistant workforce of the Department; and (ii) helping to meet the shortage of physician assistants employed by the Department. (C) An identification of such modifications to the pilot program as the Secretary of Veterans Affairs, the Secretary of Labor, the Secretary of Defense, and the Secretary of Health and Human Services consider necessary to meet the goals described in subparagraph (B). (D) An assessment of whether the pilot program could serve as a model for other programs of the Department to assist individuals in obtaining certification and employment in other health care fields. (l) Source of Amounts.--Not less than $8,000,000 of the amount necessary to carry out the pilot program shall be derived from amounts appropriated to the Department of Veterans Affairs before the date of the enactment of this Act. SEC. 3. ESTABLISHMENT OF STANDARDS FOR THE DEPARTMENT OF VETERANS AFFAIRS FOR USING EDUCATIONAL ASSISTANCE PROGRAMS TO EDUCATE AND HIRE PHYSICIAN ASSISTANTS. (a) In General.--The Secretary of Veterans Affairs shall establish standards described in subsection (b) to improve the use by the Department of Veterans Affairs of the Department of Veterans Affairs Health Professionals Educational Assistance Program under chapter 76 of title 38, United States Code, and other educational assistance programs of the Department, including the pilot program under section 2, to educate and hire physician assistants of the Department. (b) Standards.--The standards described in this subsection are the following: (1) Holding directors of medical centers of the Department accountable for failure to use the educational assistance programs described in subsection (a) and other incentives-- (A) to advance employees of the Department in their education as physician assistants; and (B) to improve recruitment and retention of physician assistants. (2) Ensuring that the Department of Veterans Affairs Education Debt Reduction Program under subchapter VII of chapter 76 of such title is available for participants in the pilot program under section 2 to fill vacant physician assistant positions at the Department, including by-- (A) including in all vacancy announcements for physician assistant positions the availability of the Education Debt Reduction Program; and (B) informing applicants to physician assistant positions of their eligibility for the Education Debt Reduction Program. (3) Monitoring compliance with the application process for educational assistance programs described in subsection (a) to ensure that such programs are being fully utilized to carry out this section. (4) Creating programs, including through the use of the Department of Veterans Affairs Employee Incentive Scholarship Program under subchapter VI of chapter 76 of such title, to encourage employees of the Department to apply to accredited physician assistant programs. (c) Regulations.--The Secretary shall prescribe such regulations as the Secretary considers appropriate to carry out this section. SEC. 4. ESTABLISHMENT OF PAY GRADES FOR PHYSICIAN ASSISTANTS OF THE DEPARTMENT OF VETERANS AFFAIRS AND REQUIREMENT TO PROVIDE COMPETITIVE PAY. (a) Establishment of Pay Grades.--Section 7404(b) of title 38, United States Code, is amended by adding at the end the following: ``PHYSICIAN ASSISTANT SCHEDULE ``Physician Assistant IV. ``Physician Assistant III. ``Physician Assistant II. ``Physician Assistant I.''. (b) Competitive Pay.--Section 7451(a)(2) of such title is amended-- (1) by redesignating subparagraph (B) as subparagraph (C); (2) by inserting after subparagraph (A) the following new subparagraph (B): ``(B) Physician assistant.''; and (3) in subparagraph (C), as redesignated by paragraph (1), by striking ``and registered nurse'' and inserting ``registered nurse, and physician assistant''. (c) National Strategic Plan.-- (1) In general.--The Secretary of Veterans Affairs shall implement a national strategic plan for the retention and recruitment of physician assistants of the Department of Veterans Affairs that includes the establishment and adoption of standards for the provision of competitive pay to physician assistants of the Department in comparison to the pay of physician assistants in the private sector. (2) Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the implementation of the national strategic plan under paragraph (1).

Grow Our Own Directive: Physician Assistant Employment and Education Act of 2015 This bill directs the Department of Veterans Affairs (VA) to carry out the Grow Our Own Directive or G.O.O.D. pilot program to provide educational assistance to certain former members of the Armed Forces for education and training as VA physician assistants. An individual is eligible to participate in the program if the individual: has medical or military health experience gained while serving in the Armed Forces; has received a certificate, associate degree, baccalaureate degree, master's degree, or postbaccalaureate training in a science relating to health care; has participated in the delivery of health care services or related medical services; and does not have a degree of doctor of medicine, doctor of osteopathy, or doctor of dentistry. The VA shall: provide educational assistance to program participants for the costs of obtaining a master's degree in physician assistant studies or a similar master's degree, ensure that mentors are available for program participants at each VA facility at which a participant is employed, and seek to partner with specified government programs and with appropriate educational institutions that offer degrees in physician assistant studies. The VA shall: establish specified standards to improve the education and and hiring of VA physician assistants, and implement a national plan for the retention and recruitment of VA physician assistants that includes the adoption of competitive pay standards. VA physician assistant pay grades are established.

Grow Our Own Directive: Physician Assistant Employment and Education Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Manufacturing Competitiveness Act of 2015''. SEC. 2. SENSE OF CONGRESS ON THE NEED FOR A MISCELLANEOUS TARIFF BILL. (a) Findings.--Congress makes the following findings: (1) As of the date of the enactment of this Act, the Harmonized Tariff Schedule of the United States imposes duties on imported goods for which there is no domestic availability or insufficient domestic availability. (2) The imposition of duties on such goods creates artificial distortions in the economy of the United States that negatively affect United States manufacturers and consumers. (3) It is in the interests of the United States to update the Harmonized Tariff Schedule every 3 years to eliminate such artificial distortions by suspending or reducing duties on such goods. (4) The manufacturing competitiveness of the United States around the world will be enhanced if Congress regularly and predictably updates the Harmonized Tariff Schedule to suspend or reduce duties on such goods. (b) Sense of Congress.--It is the sense of Congress that, to remove the competitive disadvantage to United States manufactures and consumers resulting from an outdated Harmonized Tariff Schedule and to promote the competitiveness of United States manufacturers, Congress should consider a miscellaneous tariff bill not later than 180 days after the United States International Trade Commission and the Department of Commerce issue reports on proposed duty suspensions and reductions under this Act. SEC. 3. PROCESS FOR CONSIDERATION OF DUTY SUSPENSIONS AND REDUCTIONS. (a) Purpose.--It is the purpose of this section to establish a process by the appropriate congressional committees, in conjunction with the Commission pursuant to its authorities under section 332 of the Tariff Act of 1930 (19 U.S.C. 1332), for the submission and consideration of proposed duty suspensions and reductions. (b) Establishment.--Not later than October 15, 2015, and October 15, 2018, the appropriate congressional committees shall establish and, on the same day, publish on their respective publicly available Internet websites a process-- (1) to provide for the submission and consideration of legislation containing proposed duty suspensions and reductions in a manner that, to the maximum extent practicable, is consistent with the requirements described in subsection (c); and (2) to include in a miscellaneous tariff bill those duty suspensions and reductions that meet the requirements of this Act. (c) Requirements of Commission.-- (1) Initiation.--Not later than October 15, 2015, and October 15, 2018, the Commission shall publish in the Federal Register and on a publicly available Internet website of the Commission a notice requesting members of the public to submit to the Commission during the 60-day period beginning on the date of such publication-- (A) proposed duty suspensions and reductions; and (B) Commission disclosure forms with respect to such duty suspensions and reductions. (2) Review.-- (A) Commission submission to congress.--As soon as practicable after the expiration of the 60-day period specified in paragraph (1), but not later than 15 days after the expiration of such 60-day period, the Commission shall submit to the appropriate congressional committees the proposed duty suspensions and reductions submitted under paragraph (1)(A) and the Commission disclosure forms with respect to such duty suspensions and reductions submitted under paragraph (1)(B). (B) Public availability of proposed duty suspensions and reductions.--Not later than 15 days after the expiration of the 60-day period specified in paragraph (1), the Commission shall publish on a publicly available Internet website of the Commission the proposed duty suspensions and reductions submitted under paragraph (1)(A) and the Commission disclosure forms with respect to such duty suspensions and reductions submitted under paragraph (1)(B). (C) Commission reports to congress.--Not later than the end of the 90-day period beginning on the date of publication of the proposed duty suspensions and reductions under subparagraph (B), the Commission shall submit to the appropriate congressional committees a report on each proposed duty suspension or reduction submitted pursuant to subsection (b)(1) or paragraph (1)(A) that contains the following information: (i) A determination of whether or not domestic production of the article that is the subject of the proposed duty suspension or reduction exists and, if such production exists, whether or not a domestic producer of the article objects to the proposed duty suspension or reduction. (ii) Any technical changes to the article description that are necessary for purposes of administration when articles are presented for importation. (iii) The amount of tariff revenue that would no longer be collected if the proposed duty suspension or reduction takes effect. (iv) A determination of whether or not the proposed duty suspension or reduction is available to any person that imports the article that is the subject of the proposed duty suspension or reduction. (3) Procedures.--The Commission shall prescribe and publish on a publicly available Internet website of the Commission procedures for complying with the requirements of this subsection. (4) Authorities described.--The Commission shall carry out this subsection pursuant to its authorities under section 332 of the Tariff Act of 1930 (19 U.S.C. 1332). (d) Department of Commerce Report.--Not later than the end of the 90-day period beginning on the date of publication of the proposed duty suspensions and reductions under subsection (c)(2)(B), the Secretary of Commerce, in consultation with U.S. Customs and Border Protection and other relevant Federal agencies, shall submit to the appropriate congressional committees a report on each proposed duty suspension and reduction submitted pursuant to subsection (b)(1) or (c)(1)(A) that includes the following information: (1) A determination of whether or not domestic production of the article that is the subject of the proposed duty suspension or reduction exists and, if such production exists, whether or not a domestic producer of the article objects to the proposed duty suspension or reduction. (2) Any technical changes to the article description that are necessary for purposes of administration when articles are presented for importation. (e) Rule of Construction.--A proposed duty suspension or reduction submitted under this section by a Member of Congress shall receive treatment no more favorable than the treatment received by a proposed duty suspension or reduction submitted under this section by a member of the public. SEC. 4. REPORT ON EFFECTS OF DUTY SUSPENSIONS AND REDUCTIONS ON UNITED STATES ECONOMY. (a) In General.--Not later than May 1, 2018, and May 1, 2020, the Commission shall submit to the appropriate congressional committees a report on the effects on the United States economy of temporary duty suspensions and reductions enacted pursuant to this Act, including a broad assessment of the economic effects of such duty suspensions and reductions on producers, purchasers, and consumers in the United States, using case studies describing such effects on selected industries or by type of article as available data permit. (b) Recommendations.--The Commission shall also solicit and append to the report required under subsection (a) recommendations with respect to those domestic industry sectors or specific domestic industries that might benefit from permanent duty suspensions and reductions or elimination of duties, either through a unilateral action of the United States or though negotiations for reciprocal tariff agreements, with a particular focus on inequities created by tariff inversions. (c) Form of Report.--Each report required by this section shall be submitted in unclassified form, but may include a classified annex. SEC. 5. JUDICIAL REVIEW PRECLUDED. The exercise of functions under this Act shall not be subject to judicial review. SEC. 6. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. (2) Commission.--The term ``Commission'' means the United States International Trade Commission. (3) Commission disclosure form.--The term ``Commission disclosure form'' means, with respect to a proposed duty suspension or reduction, a document submitted by a member of the public to the Commission that contains the following: (A) The contact information for any known importers of the article to which the proposed duty suspension or reduction would apply. (B) A certification by the member of the public that the proposed duty suspension or reduction is available to any person importing the article to which the proposed duty suspension or reduction would apply. (4) Domestic producer.--The term ``domestic producer'' means a person that demonstrates production, or imminent production, in the United States of an article that is identical to, or like or directly competitive with, an article to which a proposed duty suspension or reduction would apply. (5) Duty suspension or reduction.-- (A) In general.--The term ``duty suspension or reduction'' means an amendment to subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States that-- (i)(I) extends an existing temporary duty suspension or reduction of duty on an article under that subchapter; or (II) provides for a new temporary duty suspension or reduction of duty on an article under that subchapter; and (ii) otherwise meets the requirements described in subparagraph (B). (B) Requirements.--A duty suspension or reduction meets the requirements described in this subparagraph if-- (i) the duty suspension or reduction can be administered by U.S. Customs and Border Protection; (ii) the estimated loss in revenue to the United States from the duty suspension or reduction does not exceed $500,000 in a calendar year during which the duty suspension or reduction would be in effect, as determined by the Congressional Budget Office; and (iii) the duty suspension or reduction is available to any person importing the article that is the subject of the duty suspension or reduction. (6) Member of congress.--The term ``Member of Congress'' means a Senator or a Representative in, or Delegate or Resident Commissioner to, Congress. (7) Miscellaneous tariff bill.--The term ``miscellaneous tariff bill'' means a bill of either House of Congress that contains only-- (A) duty suspensions and reductions that-- (i) meet the applicable requirements for-- (I) consideration of duty suspensions and reductions described in section 3; or (II) any other process required under the Rules of the House of Representatives or the Senate; and (ii) are not the subject of an objection because such duty suspensions and reductions do not comply with the requirements of this Act from-- (I) a Member of Congress; or (II) a domestic producer, as contained in comments submitted to the appropriate congressional committees, the Commission, or the Department of Commerce under section 3; and (B) provisions included in bills introduced in the House of Representatives or the Senate pursuant to a process described in subparagraph (A)(i)(II) that correct an error in the text or administration of a provision of the Harmonized Tariff Schedule of the United States.

American Manufacturing Competitiveness Act of 2015 It is the sense of Congress that it should consider a miscellaneous tariff bill not later than 180 days after the USITC and the Department of Commerce issue reports on any proposed duty suspensions and reductions. The appropriate congressional committees shall establish, and publish on their publicly available websites, a process for the submission and consideration of legislation for proposed duty suspensions and reductions as well as a miscellaneous tariff bill including them, consistent with certain requirements. The USITC shall report to Congress, by May 1, 2018, and May 1, 2020, on the effects of such suspensions and reductions on the U.S. economy. The exercise of functions under this title shall not be subject to judicial review.

American Manufacturing Competitiveness Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Census Improvement Act''. SEC. 2. LIMITATION ON ELIGIBILITY TO PARTICIPATE IN PLANNING PARTNERSHIP PROGRAM FOR THE 2010 CENSUS. (a) In General.--Participation in the Planning Partnership Program for the 2010 census of population shall not be allowed in the case of-- (1) an organization which has been indicted for a violation under Federal or State law relating to an election for Federal or State office; or (2) an organization which employs applicable individuals. (b) Applicable Individual Defined.--For purposes of this section, the term ``applicable individual'' means an individual who-- (1) is-- (A) employed by the organization in a permanent or temporary capacity; (B) contracted or retained by the organization; or (C) acting on behalf of, or with the express or apparent authority of, the organization; and (2) has been indicted for a violation under Federal or State law relating to an election for Federal or State office. (c) State Defined.--For purposes of this section, the term ``State'' includes the District of Columbia. SEC. 3. TWO-THIRDS VOTE REQUIRED TO REPEAL OR OTHERWISE LIMIT PROVISIONS RELATING TO CONFIDENTIALITY OF CERTAIN INFORMATION. (a) Rulemaking Power.--The succeeding provisions of this section are enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such shall be deemed a part of the rules of each House, respectively, and shall supersede other rules only to the extent that they are inconsistent with such other rules; and (2) with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House. (b) Voting Requirement.--No bill or joint resolution, amendment, or conference report containing a provision which would have the effect of repealing, suspending, or otherwise limiting the application of section 9 of title 13, United States Code (relating to information as confidential; exception) shall be considered as passed or agreed to, by either House of Congress, unless so passed or agreed to by a vote of not less than two-thirds of the Members of such House voting. SEC. 4. REVIEW AND REPORT TO CONGRESS. (a) In General.--Not later than 6 months after the deadline for the submission described in subsection (c), the Government Accountability Office shall review and report to Congress on the questions proposed to be included in the 2010 census of population and the American Community Survey (next scheduled to be carried out after the end of the 6-month period beginning after the date of the enactment of this Act). (b) Requirements.--In carrying out this section, the Government Accountability Office shall specifically address-- (1) the reasons for each question proposed to be included in the survey or census and the purposes for which the information obtained from respondents is likely to be used; (2) alternative means by which the same information could be obtained other than by inclusion in such census or survey, as the case may be; and (3) the relative advantages and disadvantages of obtaining the information through a census or survey (as the case may be) as compared to the alternative means referred to in paragraph (2). (c) Submission of Questions.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Commerce shall submit to the Government Accountability Office-- (1) a copy of each question proposed to be included in the upcoming American Community Survey (as described in subsection (a)) and the 2010 census of population; and (2) with respect to each question under paragraph (1), the views of the Secretary of Commerce (or designee) with respect to paragraphs (1) through (3) of subsection (b). SEC. 5. PRACTICE OF SEEKING ANSWERS TO SURVEY OR CENSUS QUESTIONS FROM NON-HOUSEHOLD MEMBERS NO LONGER ALLOWED. (a) In General.--Notwithstanding any other provision of law, no officer, employee, or other person referred to in subchapter II of chapter 1 of title 13, United States Code, may, in the conduct of the American Community Survey or the 2010 census of population, seek answers to any questions relating to any household or any member of such household from any person who is not a member of such household. (b) Implementation.--The Secretary of Commerce shall take such measures as may be necessary to provide for the implementation of subsection (a). SEC. 6. DEFINITIONS. For purposes of this Act-- (1) the term ``census of population'' has the meaning given such term by section 141(g) of title 13, United States Code; and (2) the term ``Member'' means a Member of Congress, as defined by section 2106 of title 5, United States Code.

Census Improvement Act - Prohibits any organization that has been indicted for a violation of law relating to an election for federal or state office or that employs or otherwise uses the services of an individual who has been indicted for such a violation from participating in the Planning Partnership Program for the 2010 census of population. Provides that no bill, joint resolution, amendment, or conference report containing a provision which would have the effect of limiting the application of provisions regarding the confidentiality of census information shall be considered as passed or agreed to by either chamber of Congress except by a vote of at least two-thirds of the Members voting. Requires: (1) the Secretary of Commerce to submit to the Government Accountability Office (GAO) a copy of each question proposed to be included in the 2010 census and the American Community Survey; (2) GAO  to review and report to Congress on such questions; and (3) the Secretary to include his or her views on, and GAO to specifically address, the reasons for each question, the purposes for which the information obtained is likely to be used, alternative means by which the same information could be obtained, and the relative advantages and disadvantages of obtaining the information through a census or survey. Prohibits any person conducting the Survey or 2010 census from seeking answers to any questions relating to a household or any member of such household from any person who is not a member of that household.

To make organizations which have been indicted for violations of Federal or State law relating to elections for public office ineligible to participate in the Planning Partnership Program for the 2010 census of population, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Customs Training Enhancement Act''. SEC. 2. EDUCATIONAL SEMINARS TO IMPROVE ABILITY OF U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL TO CLASSIFY AND APPRAISE IMPORTED ARTICLES. (a) Educational Seminars.-- (1) In general.--The Commissioner shall establish and carry out educational seminars at United States ports of entry to improve the ability of U.S. Customs and Border Protection personnel to classify and appraise articles imported into the United States in accordance with the customs laws of the United States, including to improve the ability of U.S. Customs and Border Protection personnel to identify and prevent the mislabeling and transshipment of articles. (2) Number and exception.--The Commissioner shall establish and carry out not less than 15 educational seminars each year under paragraph (1). The Commissioner may establish and carry out fewer than 15 seminars each year under paragraph (1) if the Commissioner determines and notifies Congress that it is appropriate to do so. (b) Content.-- (1) In general.--The Commissioner and interested parties selected under subsection (d) should provide instruction and related instructional materials at each educational seminar to U.S. Customs and Border Protection personnel and, as appropriate, U.S. Immigration and Customs Enforcement personnel on the following: (A) Conducting a physical inspection of an article imported into the United States, including testing of samples of the article, to determine if the article is mislabeled in the manifest or other accompanying documentation. (B) Reviewing the manifest and other accompanying documentation of an article imported into the United States to determine if-- (i) the country of origin of the article listed in the manifest or other accompanying documentation is accurate; and (ii) the industry supply chain represented in the manifest or other accompanying documentation is accurate. (C) Other related matters as determined to be appropriate by the Commissioner. (2) Approval of commissioner.--The instruction and related instructional materials at each educational seminar shall be subject to the approval of the Commissioner. (c) Costs and Expenses.--The Commissioner shall pay the costs to establish and carry out each educational seminar and shall pay expenses for U.S. Customs and Border Protection personnel, U.S. Immigration and Customs Enforcement personnel, and interested parties to provide instruction in or receive training at the seminar. (d) Selection Process.-- (1) In general.--The Commissioner shall establish a process to solicit, evaluate, and select interested parties for purposes of assisting in providing instruction in the educational seminars under this section. (2) Criteria.--The Commissioner shall, in consultation with the United States International Trade Commission, evaluate and select interested parties under the process established under paragraph (1) based on-- (A) availability and usefulness; (B) the volume, value, and incidence of mislabeling of an imported article that relates to a comparable domestic product of the interested party; and (C) other appropriate criteria established by the Commissioner. (3) Public availability.--The Commissioner shall publish in the Federal Register a detailed description of the process established under paragraph (1) and the criteria established under paragraph (2). SEC. 3. DEFINITIONS. In this Act: (1) Commissioner.--The term ``Commissioner'' means the Commissioner responsible for U.S. Customs and Border Protection. (2) Comparable domestic product.--The term ``comparable domestic product'' means a product which is comparable in characteristics and uses with an article imported into the United States and which is covered by an educational seminar under this Act. (3) Customs laws of the united states.--The term ``customs laws of the United States'' means any law or regulation enforced or administered by U.S. Customs and Border Protection. (4) Interested party.--The term ``interested party'' means-- (A) a manufacturer, producer, or wholesaler in the United States of a comparable domestic product; (B) a certified union or recognized union or group of workers which is representative of an industry engaged in the manufacture, production, or wholesale in the United States of a comparable domestic product; (C) a trade or business association a majority of whose members manufacture, produce, or wholesale a comparable domestic product in the United States; or (D) an association, a majority of whose members is composed of interested parties described in subparagraph (A), (B), or (C) with respect to a comparable domestic product. (5) United states.--The term ``United States'' means the customs territory of the United States, as defined in General Note 2 to the Harmonized Tariff Schedule of the United States. (6) U.S. customs and border protection personnel.--The term ``U.S. Customs and Border Protection personnel'' means Import Specialists and other appropriate employees of U.S. Customs and Border Protection. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $3,000,000 for each of the fiscal years 2013 through 2017.

Customs Training Enhancement Act - Directs the Commissioner of the U.S. Customs and Border Protection (CBP) to establish educational seminars at U.S. ports of entry to improve the ability of CBP personnel to classify and appraise articles imported into the United States in accordance with U.S. customs laws, including their ability to identify and prevent the mislabeling and transshipment of such articles.

Customs Training Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Corporate Governance Through Diversity Act of 2017''. SEC. 2. SUBMISSION OF DATA RELATING TO DIVERSITY BY CERTAIN CONTRACTORS. (a) In General.--Chapter 47 of subtitle I of title 41, United States Code, is amended by adding at the end the following new section: ``Sec. 4713. Submission of data relating to diversity by certain contractors. ``(a) Submission of Data.--In the case of the award of a contract in an amount of $5,000,000 or more to a covered contractor, the head of an executive agency shall require the contractor to submit, not later than 60 days after the award of the contract, the following: ``(1) Data on the racial, ethnic, and gender composition of the board of directors and the C-level executives of the covered contractor. ``(2) Data on the affiliation of any member of the board of directors or any C-level executive to a historically underrepresented group, including veterans of the Armed Forces and individuals with disabilities. ``(3) Any plan or strategy that exists on the date of the submission of data under this subsection to improve the diversity of the board of directors or the C-level executives of the covered contractor. ``(b) Reports.-- ``(1) Quarterly report to general services administration.--After the end of a calendar quarter, each executive agency shall submit to the Administrator of General Services a report that includes the data submitted by contractors under subsection (a) during the quarter covered. ``(2) Annual report to congress and offices of minority and women inclusion.-- ``(A) In general.--Not later than February 14 of each calendar year, the Administrator of General Services shall submit to Congress and each Office of Minority and Women Inclusion established under section 342 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5452) an annual report that-- ``(i) includes the data submitted to the Administrator under paragraph (1) during the preceding calendar year and the data submitted under section 13(s) of the Securities Exchange Act of 1934; ``(ii) uses the data described in clause (i), as well as information from other reliable sources, to analyze the diversity of the board of directors and the C-level executives of each entity submitting data in comparison to the industry peers of such entity, including any trends and progress related to such diversity; and ``(iii) based on the analysis conducted under clause (ii), lists each entity submitting data that is significantly lagging behind the industry peers of such entity with respect to the diversity of the board of directors and the C-level executives. ``(B) Public availability.--The Administrator of General Services shall make publicly available each annual report submitted under subparagraph (A). ``(c) Public Comment.--After the end of the four-year period beginning on the date of the enactment of this section, and every four years thereafter, the Administrator of General Services shall review the implementation of the requirements of this section and provide an opportunity for public comment on such review. ``(d) Definitions.--In this section: ``(1) Covered contractor.--The term `covered contractor' means a for-profit business with annual gross receipts in excess of $1,000,000,000 during the year preceding the submission of a bid or proposal for a contract described in subsection (a). ``(2) C-level executive.--The term `C-level executive' means the most senior executive officer, information officer, technology officer, financial officer, compliance officer, or security officer of a covered contractor.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 47 of such title is amended by inserting after the item relating to section 4712 the following new item: ``4713. Submission of data relating to diversity by certain contractors.''. SEC. 3. SUBMISSION OF DATA RELATING TO DIVERSITY BY ISSUERS. (a) In General.--Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following: ``(s) Submission of Data Relating to Diversity.-- ``(1) Submission of data.--Each issuer required to file an annual report under subsection (a) shall disclose in that report, the following: ``(A) Data on the racial, ethnic, and gender composition of the board of directors and the C-level executives of the issuer. ``(B) Data on the affiliation of any member of the board of directors or any C-level executive of the issuer to a historically underrepresented group, including veterans of the Armed Forces and individuals with disabilities. ``(C) Any plan or strategy that exists on the date of the submission of data under this paragraph to improve the diversity of the board of directors or the C-level executives of the issuer. ``(2) C-level executive defined.--In this subsection, the term `C-level executive' means the most senior executive officer, information officer, technology officer, financial officer, compliance officer, or security officer of an issuer.''. (b) Corporate Governance Regulations.--Not later than 90 days after the date of the enactment of this Act, the Securities and Exchange Commission shall revise paragraph (v) of section 229.407(c)(2) of title 17, Code of Federal Regulations, to require that when the description described in such paragraph is presented in a proxy or information statement relating to the election of directors, the qualities and skills described in such paragraph, along with the nominee's gender, race, ethnicity, and affiliation with a historically underrepresented group should be presented in a chart or matrix form.

Improving Corporate Governance Through Diversity Act of 2017 This bill directs executive agencies to require any covered contractor (a for-profit business with gross receipts exceeding $1 billion for the previous year) awarded a contract of $5 million or more to submit, within 60 days: data on the racial, ethnic, and gender composition of such contractor's board of directors and senior executives; data on the affiliation of any such board member or executive to a historically underrepresented group, including veterans and individuals with disabilities; and any plan or strategy to improve the diversity of such board members or executives. Each agency shall submit quarterly reports on such data to the General Services Administration, which shall report to Congress annually on the diversity of such contractor boards and executives. The Securities Exchange Act of 1934 is amended to require each issuer of a registered security to disclose such data, plan, and strategy in its required annual report. The Securities and Exchange Commission must revise corporate governance regulations to require that when the description is presented in a proxy or information statement relating to the election of directors, the nominee's qualities and skills, along with the nominee's gender, race, ethnicity, and affiliation with a historically underrepresented group, are presented in a chart or matrix form.

Improving Corporate Governance Through Diversity Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Afghanistan and Central Asian Republics Sustainable Food Production Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) abject poverty and the inability to produce food, even at the subsistence level, in the rural, mountainous areas of Afghanistan and the Central Asian Republics have plagued the region for over 20 years; (2) extended food shortages in this region have resulted in the consumption of seed supplies and breeding livestock necessary to continue farming and food production; (3) ongoing and violent conflict in the region has badly damaged or destroyed the basic irrigation systems necessary for food production; (4) despite the delivery of over $185,000,000 in aid from the United States in fiscal year 2001 toward humanitarian assistance needs in Afghanistan, millions of people remain at risk of severe malnutrition and starvation in the short- and long-terms; (5) on October 4, 2001, President George W. Bush announced that the people of Afghanistan, and the governments of Pakistan, Iran, Tajikistan, Uzbekistan, and Turkmenistan will receive an additional $320,000,000 humanitarian assistance package for emergency food and refugee assistance to address the region's immediate needs during the war on terrorism; and (6) in addition to addressing short-term emergency assistance needs in Afghanistan and the mountainous regions of the Central Asian Republics, addressing the long-term food production and rural development issues in region will be critical to attaining some stability in the region. SEC. 3. ASSISTANCE. (a) Assistance.--The Administrator of the United States Agency for International Development shall provide assistance in accordance with the provisions of this Act to develop sustainable food production for Afghanistan and the mountainous regions of other countries of Central Asia through restocking seed, replacing breeding livestock, restoring basic irrigation systems, and providing access to credit for food production, processing, or marketing enterprises through rural microenterprise loan programs. (b) Program Objectives.-- (1) In general.--In providing assistance under subsection (a), the Administrator shall provide only grants to nongovernmental organizations for the purpose of carrying out the activities described in paragraph (2) in Afghanistan and the other countries of Central Asia in accordance with this section. (2) Activities supported.-- (A) In general.--Among the activities for which the Administrator may provide grants shall be-- (i) procurement of seed for local food production; (ii) replacement of breeding livestock; (iii) restoration of basic irrigation systems; (iv) establishment of access to credit for food production, processing, or marketing enterprises through rural microenterprise loan programs; and (v) providing technical assistance. (B) Limitation.--Amounts received under a grant shall not be used to carry out activities related to emergencies or disasters. (3) Applications.--A nongovernmental organization that desires to receive a grant under this section shall submit an application for the grant to the Administrator. The application should be developed by the nongovernmental organization in close consultation with local indigenous entities, or associated persons of a village or villages, located in the country within which the activities supported by the grant will be carried out. (4) Implementation of program objectives.--In carrying out the objectives of paragraph (1), the Administrator shall-- (A) coordinate the activities with governments of other countries authorized to receive grants under this section, local and regional governments of such countries, nongovernmental organizations operating in such countries, and private donors; (B) provide minimal supplementary grants for associated administrative costs to the national and regional governments of the country for which grants to nongovernmental organizations are approved under this section; (C) provide oversight of grants disbursed under this section, including procedures under which a nongovernmental organization that misuses grant funds or otherwise fails to adequately carry out the activities described in paragraph (2) should be disqualified from receiving additional grants under this section for not less than 1 year; and (D) coordinate efforts with national, regional, and local government officials to conduct an annual review of disbursement of grant funds and the effectiveness of activities carried out with grant funds. (c) Restriction Relating to the Use of United States Funds in Afghanistan.--Funds made available under this Act shall not be used during a fiscal year for any activity in Afghanistan which is described in subsection (b)(2) unless the Secretary of State certifies for the fiscal year that there has been substantial progress made toward the establishment of a government in Afghanistan that meets the following requirements: (1) The government includes broad representation from the diverse ethnic and religious groups of Afghanistan, including both men and women from such groups. (2) The government does not sponsor terrorism or harbor terrorists. (3) The government demonstrates a strong and determined commitment to eliminating the production of opium-producing poppies. (4) The government meets the conditions outlined in the United Nations Universal Declaration of Human Rights. SEC. 4. ADMINISTRATION. It is the sense of the Congress that the Administrator should establish-- (1) criteria for the selection of projects to receive support under this Act; (2) standards and criteria regarding qualifications of recipients of such support; (3) such rules and procedures as may be necessary for projects that receive support under this Act; (4) such rules and procedures as may be necessary to ensure transparency and accountability in the grant-making process; and (5) criteria for an annual review process for all projects receiving grants. SEC. 5. REPORTS TO CONGRESS. (a) Annual Reports by Administrator.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the subsequent 4 fiscal years, the Administrator shall submit to the appropriate committees of Congress a report on the implementation of this Act. (2) Report elements.--The report shall include a description of-- (A) the programs, projects, and activities supported by grants made under this Act; (B) the criteria that have been established that are used to determine the programs and activities that should be assisted by grants made under this Act; (C) an assessment regarding the extent to which the Government of Afghanistan does or does not meet the requirements of section 3(c) for that fiscal year; and (D) with respect to a fiscal year for which Afghanistan is eligible to receive a grant under section 3, the impact of programming on food production and rural development in Afghanistan. (b) GAO Report on Effectiveness.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report evaluating the effectiveness of grants made under this Act, including the effectiveness of the programs, projects, and activities described in subsection (a)(2)(A) in building sustainable food production and rural microenterprise loans in the countries authorized to receive grants under this section. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. In addition to any other funds authorized to be appropriated for bilateral programs related to sustainable food production and microenterprise systems, there is authorized to be appropriated to the Administrator $25,000,000 for fiscal year 2002 and $50,000,000 for each of the fiscal years 2003 through 2006 to carry out this Act. Of the amount appropriated pursuant to the authorization of appropriations under the preceding sentence for a fiscal year 60 percent should be designated for grants for Afghanistan. SEC. 7. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Agency for International Development. (2) Appropriate committees.--The term ``appropriate committees'' means the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations and the Committee on Appropriations of the House of Representatives. (3) Other countries of central asia.--The term ``other countries of Central Asia'' means Kyrgyzstan, Pakistan, Tajikistan, Turkmenistan, and Uzbekistan.

Afghanistan and Central Asian Republics Sustainable Food Production Act of 2001 - Directs the Administrator of the United States Agency for International Development to provide financial assistance to nongovernmental organizations carrying out rural developmental activities in Afghanistan, Kyrgyzstan, Pakistan, Tajikistan, Turkmenistan, and Uzbekistan. Stipulates the aid shall be used for: (1) restocking seed; (2) replacing breeding livestock; (3) restoring basic irrigation systems; (4) providing access to credit for food production, processing or marketing enterprises through rural microenterprise loan programs; and (5) technical assistance. Places human rights and other conditions on the government of Afghanistan for projects to be funded in Afghanistan.

To provide assistance to address long-term food production and rural development needs in Afghanistan and the Central Asian Republics.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alcohol Tax Equalization Act''. SEC. 2. INCREASE IN EXCISE TAXES ON WINE AND BEER TO ALCOHOLIC EQUIVALENT OF TAXES ON DISTILLED SPIRITS. (a) Wine.-- (1) Wines containing not more than 14 percent alcohol.-- Paragraph (1) of section 5041(b) of the Internal Revenue Code of 1986 (relating to rates of tax on wines) is amended by striking ``$1.07'' and inserting ``$2.97''. (2) Wines containing more than 14 (but not more than 21) percent alcohol.--Paragraph (2) of section 5041(b) of such Code is amended by striking ``$1.57'' and inserting ``$4.86''. (3) Wines containing more than 21 (but not more than 24) percent alcohol.--Paragraph (3) of section 5041(b) of such Code is amended by striking ``$3.15'' and inserting ``$6.08''. (b) Beer.-- (1) In general.--Paragraph (1) of section 5051(a) of such Code (relating to imposition and rate of tax on beer) is amended by striking ``$18'' and inserting ``$37.67''. (2) Small brewers.--Subparagraph (A) of section 5051(a)(2) of such Code (relating to reduced rate for certain domestic production) is amended by striking ``$7'' each place it appears and inserting ``$26.67''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 1995. (d) Floor Stocks Taxes.-- (1) Imposition of tax.-- (A) In general.--In the case of any tax-increased article-- (i) on which tax was determined under part I of subchapter A of chapter 51 of the Internal Revenue Code of 1986 or section 7652 of such Code before January 1, 1995, and (ii) which is held on such date for sale by any person, there shall be imposed a tax at the applicable rate on each such article. (B) Applicable rate.--For purposes of clause (i), the applicable rate is-- (i) $1.90 per wine gallon in the case of wine described in paragraph (1) of section 5041(b) of such Code, (ii) $3.29 per wine gallon in the case of wine described in paragraph (2) of section 5041(b) of such Code, (iii) $2.93 per wine gallon in the case of wine described in paragraph (3) of section 5041(b) of such Code, and (iv) $19.67 per barrel in the case of beer. In the case of a fraction of a gallon or barrel, the tax imposed by subparagraph (A) shall be the same fraction as the amount of such tax imposed on a whole gallon or barrel. (C) Tax-increased article.--For purposes of this subsection, the term ``tax-increased article'' means wine described in paragraph (1), (2), or (3) of section 5041(b) of such Code and beer. (2) Exception for certain small wholesale or retail dealers.--No tax shall be imposed by subparagraph (A) on tax- increased articles held on January 1, 1995, by any dealer if-- (A) the aggregate liquid volume of tax-increased articles held by such dealer on such date does not exceed 500 wine gallons, and (B) such dealer submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this subparagraph. (3) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding any tax- increased article on January 1, 1995, to which the tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe by regulations. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before June 30, 1995. (4) Controlled groups.-- (A) Corporations.--In the case of a controlled group, the 500 wine gallon amount specified in paragraph (2), shall be apportioned among the dealers who are component members of such group in such manner as the Secretary shall by regulations prescribe. For purposes of the preceding sentence, the term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (B) Nonincorporated dealers under common control.-- Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of dealers under common control where 1 or more of such dealers is not a corporation. (5) Other laws applicable.-- (A) In general.--All provisions of law, including penalties, applicable to the comparable excise tax with respect to any tax-increased article shall, insofar as applicable and not inconsistent with the provisions of this paragraph, apply to the floor stocks taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by the comparable excise tax. (B) Comparable excise tax.--For purposes of subparagraph (A), the term ``comparable excise tax'' means-- (i) the tax imposed by section 5041 of such Code in the case of wine, and (ii) the tax imposed by section 5051 of such Code in the case of beer. (6) Definitions.--For purposes of this subsection-- (A) In general.--Terms used in this paragraph which are also used in subchapter A of chapter 51 of such Code shall have the respective meanings such terms have in such part. (B) Person.--The term ``person'' includes any State or political subdivision thereof, or any agency or instrumentality of a State or political subdivision thereof. (C) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or his delegate. SEC. 3. INDEXATION OF TAX RATES APPLICABLE TO ALCOHOLIC BEVERAGES. (a) General Rule.--Subpart E of part I of subchapter A of chapter 51 of the Internal Revenue Code of 1986 is amended by inserting before section 5061 the following new section: ``SEC. 5060. INDEXATION OF RATES. ``(a) General Rule.--Effective during each calendar year after 1995, each tax rate set forth in subsection (b) shall be increased by an amount equal to-- ``(1) such rate as in effect without regard to this section, multiplied by ``(2) the cost-of-living adjustment for such calendar year determined under section 1(f)(3) by substituting `calendar year 1994' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of 1 cent. ``(b) Tax Rates.--The tax rates set forth in this subsection are the rates contained in the following provisions: ``(1) Paragraphs (1) and (3) of section 5001(a). ``(2) Paragraphs (1), (2), (3), (4), and (5) of section 4041(b). ``(3) Paragraphs (1) and (2)(A) of section 5051(a).'' (b) Technical Amendment.--Paragraphs (1)(A) and (2) of section 5010(a) are each amended by striking ``$13.50'' and inserting ``the rate in effect under section 5001(a)(1)''. (c) Clerical Amendment.--The table of sections for subpart E of part I of subchapter A of chapter 51 of such Code is amended by inserting before the item relating to section 5061 the following new item: ``Sec. 5060. Indexation of rates.'' SEC. 4. MENTAL HEALTH AND SUBSTANCE ABUSE BENEFITS TRUST FUND. (a) General Rule.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to establishment of trust funds) is amended by adding at the end thereof the following new section: ``SEC. 9512. MENTAL HEALTH AND SUBSTANCE ABUSE BENEFITS TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Mental Health and Substance Abuse Benefits Trust Fund', consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Mental Health and Substance Abuse Benefits Trust Fund amounts equivalent to the additional taxes received in the Treasury under chapter 51 by reason of the amendments made by sections 2 and 3 of the Alcohol Tax Equalization Act. ``(c) Expenditures From Trust Fund.--Amounts in the Mental Health and Substance Abuse Benefits Trust Fund shall be available, as provided in appropriation Acts, for purposes of providing mental health and substance abuse benefits under health care reform legislation hereafter enacted.'' (b) Clerical Amendment.--The table of sections for subchapter A of chapter 98 is amended by adding at the end thereof the following new item: ``Sec. 9512. Mental health and substance abuse benefits trust fund.''

Alcohol Tax Equalization Act - Amends the Internal Revenue Code to increase the excise taxes on wine and beer to the alcoholic equivalent of taxes on distilled spirits. Indexes such tax rates based on the cost-of-living adjustment for calendar year 1994. Establishes the Mental Health and Substance Abuse Benefits Trust Fund. Appropriates amounts received under this Act to such Fund.

Alcohol Tax Equalization Act

SECTION 1. SCHOOL CONSTRUCTION FUNDS FOR CERTAIN LOCAL EDUCATIONAL AGENCIES. Title XII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8501 et seq.) is amended-- (1) by inserting after the title heading the following: ``PART A--EDUCATION INFRASTRUCTURE ACT OF 1994''; (2) by striking ``title'' each place such term appears and inserting ``part''; and (3) by adding at the end the following: ``PART B--SCHOOL CONSTRUCTION FUNDS FOR LOCAL EDUCATIONAL AGENCIES THAT HAVE MADE IMPROVEMENTS IN TEACHER QUALITY AND STUDENT ACHIEVEMENT ``SEC. 12020. PURPOSE. ``The purpose of the part is to award grants for school construction to local educational agencies that have taken steps to improve teacher quality and raise student achievement. ``SEC. 12021. PROGRAM AUTHORIZED. ``The Secretary is authorized to award grants to local educational agencies that satisfy the conditions in section 12022 to enable such agencies to carry out school construction. ``SEC. 12022. CONDITIONS FOR RECEIVING FUNDS. ``(a) In General.--In order to receive a grant under this part, a local educational agency shall have submitted to the Secretary (at such time and in such manner as the Secretary may require) an application establishing the following: ``(1) The percentage of children eligible for free and reduced priced lunches under the National School Lunch Act under the jurisdiction of the agency equals or exceeds 65 percent. ``(2) It has taken significant steps to ensure that all students are taught by fully qualified teachers. ``(3) It does not use teachers certified on an emergency basis. ``(4) It does not use social promotion. ``(5) All students in grades kindergarten through grade 12 under its jurisdiction are subject to State achievement standards in the core curriculum at key transition points, as determined by the State. ``(6) It uses tests and other indicators, such as grades and teacher evaluations, to assess student performance in meeting the State achievement standards, which tests are valid for the purpose of such assessment. ``(b) Plan.--In order to receive a grant under this part, a local educational agency shall include in the application submitted under subsection (a)-- ``(1) a plan for ensuring that all students are taught by fully qualified teachers; and ``(2) an assurance that the agency will provide annual reports to the Secretary quantifying progress toward achieving that end. ``SEC. 12023. DEFINITIONS. ``For purposes of this part: ``(1) Construction.--The term `construction' means-- ``(A) preparation of drawings and specifications for school facilities; ``(B) building new school facilities, or acquiring, remodeling, demolishing, renovating, improving, or repairing facilities; or ``(C) inspection of work described in subparagraph (B). ``(2) Fully qualified teacher.--The term `fully qualified teacher' means-- ``(A) when used with respect to a public elementary or secondary school teacher means that the teacher holds a valid State teaching certificate or license for the grade level at which he or she provides instruction; and ``(B) when used with respect to-- ``(i) an elementary school teacher, means that the teacher holds at least a bachelor's degree and has demonstrated the knowledge and teaching skills needed to teach effectively in the areas of reading writing, mathematics, science and other areas of the elementary school curriculum; or ``(ii) a middle or secondary school teacher, means that the teacher holds at least a bachelors degree and has demonstrated proficiency in all subject areas in which he or she provides instruction through-- ``(I) a high level of performance on a rigorous and formal State assessment of content area knowledge; or ``(II) completion of at least an undergraduate major in each of the academic subject areas in which he or she provides instruction. ``(3) School facility.--The term `school facility' means a public structure suitable for use as a classroom, laboratory, library, media center, or related facility the primary purpose of which is the instruction of public elementary school or secondary school students. ``SEC. 12024. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $1,000,000,000 for fiscal year 2002 and each of the 5 succeeding fiscal years.''.

Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants for school construction to local educational agencies that have taken steps to improve teacher quality and student achievement.

To amend the Elementary and Secondary Education Act of 1965 to authorize school construction funds for local educational agencies that have made improvements in teacher quality and student achievement.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ute-Moab Land Restoration Act''. SEC. 2. TRANSFER OF OIL SHALE RESERVE. Section 3405 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (10 U.S.C. 7420 note; Public Law 105-261) is amended to read as follows: ``SEC. 3405. TRANSFER OF OIL SHALE RESERVE NUMBERED 2. ``(a) Definitions.--In this section: ``(1) Map.--The term ``map'' means the map entitled `Boundary Map, .............', numbered ____ and dated ________, to be kept on file and available for public inspection in the offices of the Department of the Interior. ``(2) Moab site.--The term `Moab site' means the Moab uranium milling site located approximately 3 miles northwest of Moab, Utah, and identified in the Final Environmental Impact Statement issued by the Nuclear Regulatory Commission in March 1996, in conjunction with Source Material License No. SUA 917. ``(3) NOSR-2.--The term `NOSR-2' means Oil Shale Reserve Numbered 2, as identified on a map on file in the Office of the Secretary of the Interior. ``(4) Tribe.--The term `Tribe' means the Ute Indian Tribe of the Uintah and Ouray Indian Reservation. ``(b) Conveyance.-- ``(1) In general.--Except as provided in paragraph (2), the United States conveys to the Tribe, subject to valid existing rights in effect on the day before the date of enactment of this section, all Federal land within the exterior boundaries of NOSR-2 in fee simple (including surface and mineral rights). ``(2) Reservations.--The conveyance under paragraph (1) shall not include the following reservations of the United States: ``(A) A 9 percent royalty interest in the value of any oil, gas, other hydrocarbons, and all other minerals from the conveyed land that are produced, saved, and sold, the payments for which shall be made by the Tribe or its designee to the Secretary of Energy during the period that the oil, gas, hydrocarbons, or minerals are being produced, saved, sold, or extracted. ``(B) The portion of the bed of Green River contained entirely within NOSR-2, as depicted on the map. ``(C) The land (including surface and mineral rights) to the west of the Green River within NOSR-2, as depicted on the map. ``(D) A \1/4\ mile scenic easement on the east side of the Green River within NOSR-2. ``(3) Conditions.-- ``(A) Management authority.--On completion of the conveyance under paragraph (1), the United States relinquishes all management authority over the conveyed land (including tribal activities conducted on the land). ``(B) No reversion.--The land conveyed to the Tribe under this subsection shall not revert to the United States for management in trust status. ``(C) Use of easement.--The reservation of the easement under paragraph (2)(D) shall not affect the right of the Tribe to obtain, use, and maintain access to, the Green River through the use of the road within the easement, as depicted on the map. ``(c) Withdrawals.--All withdrawals in effect on NOSR-2 on the date of enactment of this section are revoked. ``(d) Administration of Reserved land, Interests in land.-- ``(1) In general.--The Secretary shall administer the land and interests in land reserved from conveyance under subparagraphs (B) and (C) of subsection (b)(2) in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). ``(2) Management plan.--Not later than 3 years after the date of enactment of this section, the Secretary shall submit to Congress a land use plan for the management of the land and interests in land referred to in paragraph (1). ``(3) Authorization of appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this subsection. ``(e) Royalty.-- ``(1) Payment of royalty.-- ``(A) In general.--The royalty interest reserved from conveyance in subsection (b)(2)(A) that is required to be paid by the Tribe shall not include any development, production, marketing, and operating expenses. ``(B) Federal tax responsibility.--The United States shall bear responsibility for and pay-- ``(i) gross production taxes; ``(ii) pipeline taxes; and ``(iii) allocation taxes assessed against the gross production. ``(2) Report.--The Tribe shall submit to the Secretary of Energy and to Congress an annual report on resource development and other activities of the Tribe concerning the conveyance under subsection (b). ``(3) Financial audit.-- ``(A) In general.--Not later than 5 years after the date of enactment of this section, and every 5 years thereafter, the Tribe shall obtain an audit of all resource development activities of the Tribe concerning the conveyance under subsection (b), as provided under chapter 75 of title 31, United States Code. ``(B) Inclusion of results.--The results of each audit under this paragraph shall be included in the next annual report submitted after the date of completion of the audit. ``(f) River Management.-- ``(1) In general.--The Tribe shall manage, under Tribal jurisdiction and in accordance with ordinances adopted by the Tribe, land of the Tribe that is adjacent to, and within \1/4\ mile of, the Green River in a manner that-- ``(A) maintains the protected status of the land; and ``(B) is consistent with the government-to- government agreement and in the memorandum of understanding dated February 11, 2000, as agreed to by the Tribe and the Secretary. ``(2) No management restrictions.--An ordinance referred to in paragraph (1) shall not impair, limit, or otherwise restrict the management and use of any land that is not owned, controlled, or subject to the jurisdiction of the Tribe. ``(3) Repeal or amendment.--An ordinance adopted by the Tribe and referenced in the government-to-government agreement may not be repealed or amended without the written approval of-- ``(A) the Tribe; and ``(B) the Secretary. ``(g) Plant Species.-- ``(1) In general.--In accordance with a government-to- government agreement between the Tribe and the Secretary, in a manner consistent with levels of legal protection in effect on the date of enactment of this section, the Tribe shall protect, under ordinances adopted by the Tribe, any plant species that is-- ``(A) listed as an endangered species or threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); and ``(B) located or found on the NOSR-2 land conveyed to the Tribe. ``(2) Tribal jurisdiction.--The protection described in paragraph (1) shall be performed solely under tribal jurisdiction ``(h) Horses.-- ``(1) In general.--The Tribe shall manage, protect, and assert control over any horse not owned by the Tribe or tribal members that is located or found on the NOSR-2 land conveyed to the Tribe in a manner that is consistent with Federal law governing the management, protection, and control of horses in effect on the date of enactment of this section. ``(2) Tribal jurisdiction.--The management, control, and protection of horses described in paragraph (1) shall be performed solely-- ``(A) under tribal jurisdiction; and ``(B) in accordance with a government-to-government agreement between the Tribe and the Secretary. ``(i) Remedial Action at Moab Site.-- ``(1) In general.--Not later than 1 year after the date of enactment of this subsection, the Secretary of Energy shall prepare a plan for the commencement, not later than 1 year after the date of completion of the plan, of remedial action (including groundwater restoration) at the Moab site in accordance with section 102(a) of the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7912(a)). ``(2) Limit on expenditures.--The Secretary shall limit the amounts expended in carrying out the remedial action under paragraph (1) to-- ``(A) amounts specifically appropriated for the remedial action in an Act of appropriation; and ``(B) other amounts made available for the remedial action under this subsection. ``(3) Retention of royalties.-- ``(A) In general.--The Secretary of Energy shall retain the amounts received as royalties under subsection (e)(1). ``(B) Availability.--Amounts referred to in subparagraph (A) shall be available, without further Act of appropriation, to carry out the remedial action under paragraph (1). ``(C) Excess amounts.--On completion of the remedial action under paragraph (1), all remaining royalty amounts shall be deposited in the General Fund of the Treasury. ``(D) Authorization of appropriations.-- ``(i) In general.--There are authorized to be appropriated to the Secretary of Energy to carry out the remedial action under paragraph (1) such sums as are necessary. ``(ii) Continuation of nrc trustee remediation activities.--After the date of enactment of this section and until such date as funds are made available under clause (i), the Secretary, using funds available to the Secretary that are not otherwise appropriated, shall carry out-- ``(I) this subsection; and ``(II) any remediation activity being carried out at the Moab site by the trustee appointed by the Nuclear Regulatory Commission for the Moab site on the date of enactment of this section. ``(4) Sale of moab site.-- ``(A) In general.--If the Moab site is sold after the date on which the Secretary of Energy completes the remedial action under paragraph (1), the seller shall pay to the Secretary of Energy, for deposit in the miscellaneous receipts account of the Treasury, the portion of the sale price that the Secretary determines resulted from the enhancement of the value of the Moab site that is attributable to the completion of the remedial action, as determined in accordance with subparagraph (B). ``(B) Determination of enhanced value.--The enhanced value of the Moab site referred to in subparagraph (A) shall be equal to the difference between-- ``(i) the fair market value of the Moab site on the date of enactment of this section, based on information available on that date; and ``(ii) the fair market value of the Moab site, as appraised on completion of the remedial action.''. SEC. 3. URANIUM MILL TAILINGS. Section 102(a) of the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7912(a)) is amended by inserting after paragraph (3) the following: ``(4) Designation as processing site.-- ``(A) In general.--Notwithstanding any other provision of law, the Moab uranium milling site (referred to in this paragraph as the `Moab Site') located approximately 3 miles northwest of Moab, Utah, and identified in the Final Environmental Impact Statement issued by the Nuclear Regulatory Commission in March 1996, in conjunction with Source Material License No. SUA 917, is designated as a processing site. ``(B) Applicability.--This title applies to the Moab Site in the same manner and to the same extent as to other processing sites designated under this subsection, except that-- ``(i) sections 103, 107(a), 112(a), and 115(a) of this title shall not apply; ``(ii) a reference in this title to the date of the enactment of this Act shall be treated as a reference to the date of enactment of this paragraph; and ``(iii) the Secretary, subject to the availability of appropriations and without regard to section 104(b), shall conduct remediation at the Moab site in a safe and environmentally sound manner, including-- ``(I) groundwater restoration; and ``(II) the removal, to at a site in the State of Utah, for permanent disposition and any necessary stabilization, of residual radioactive material and other contaminated material from the Moab Site and the floodplain of the Colorado River.''. SEC. 4. CONFORMING AMENDMENT. Section 3406 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (10 U.S.C. 7420 note) is amended by inserting after subsection (e) the following: ``(f) Oil Shale Reserve Numbered 2.--This section does not apply to the transfer of Oil Shale Reserve Numbered 2 under section 3405.''.

Declares that the United States relinquishes all management authority over such conveyed land, including tribal activities conducted on such land, on completion of such conveyance. Provides that such lands conveyed to the Tribe shall not revert to the United States for management in trust status. Revokes all withdrawals in effect on NOSR-2. Directs the Secretary of the Interior (Secretary) to administer the land and interests in land reserved from such conveyance and to submit to Congress a land use plan. Prohibits the royalty interest reserved from conveyance that is required to be paid by the Tribe from including any development, production, marketing, and operating expenses. Requires the United States to bear responsibility for and pay gross production taxes, pipeline taxes, and allocation taxes assessed against the gross production. Requires the Tribe to: (1) submit to the Secretary of Energy and Congress an annual report on resource development and other activities of the Tribe concerning such conveyance; and (2) obtain an audit of all such resource development activities every five years and include the results in the next annual report. Requires the Tribe: (1) to manage land adjacent to and within a 1/4 mile of the Green River in a in a manner that maintains the land's protected status and is consistent with a government-to-government agreement and a specified memorandum of understanding between the Tribe and the Secretary; and (2) in accordance with such agreement, to protect any endangered or threatened plant species located or found on the NOSR-2 land conveyed to the Tribe and to manage, protect, and assert control over any horse not owned by the Tribe or tribal members that is located or found on such land in a manner that is consistent with Federal law. Requires the Secretary of Energy: (1) to prepare a plan for the commencement of remedial action, including groundwater restoration, at the Atlas uranium milling site, Moab, Utah; (2) to retain the amounts received as royalties under this Act to carry out such remedial action; and (3) until funds authorized by this Act are made available, to use available funds to carry out such remedial action and any remediation activity being carried out at the site by the trustee appointed by the Nuclear Regulatory Commission. Provides that if the site is sold after remedial action is completed, the seller shall pay to the Secretary of Energy the portion of the sale price attributable to such action. Amends the Uranium Mill Tailings Radiation Control Act of 1978 to designate such site as a processing site, with specified exceptions.

Ute-Moab Land Restoration Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Modernizing Outdated and Vulnerable Equipment and Information Technology Act of 2016'' or the ``MOVE IT Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) National Institute of Standards and Technology Special Publication 800-145 describes cloud computing as an evolving paradigm for information technology that is a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (i.e., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction. (2) Together, the efficiencies, cost savings, and greater computing power enabled by cloud computing has the potential to-- (A) eliminate inappropriate duplication, reduce costs, and address waste, fraud, and abuse in providing Government services that are publicly available; (B) address the critical need for cybersecurity by design; and (C) move the Federal Government into a broad digital-services delivery model that could transform the fashion in which the Federal Government provides services to the people of the United States. (b) Purposes.--The purposes of this Act are to-- (1) accelerate the acquisition and deployment of cloud computing services by addressing key impediments and roadblocks in funding, development, and acquisition practices; (2) support and expand an efficient Federal certification standard for qualifying cloud services providers under the Federal Risk and Authorization Management Program using a ``qualify once, use many times'' efficiency model that strikes an appropriate balance between-- (A) encouraging the adoption of strong security practices to protect against the harm of cyber intrusions and hacks; and (B) avoiding the imposition of unduly burdensome and restrictive requirements on cloud computing service providers that would deter investment in innovative cloud computing services; (3) assist agencies in migrating to cloud computing services by providing guidance and oversight of agency enterprise-wide information technology portfolios suitable for and identifiable as suitable for a cloud-based delivery model; and (4) provide for Federal agencies to procure cloud computing services that adhere to sound security practices. SEC. 3. FEDERAL RISK AND AUTHORIZATION MANAGEMENT PROGRAM. (a) In General.--Except as provided under subsection (b), a covered agency may not store or process Government information on a Federal information system with any cloud service provider, unless the provider has an authorization to operate, or a provisional authorization to operate, covering the proposed scope of work, from the covered agency or the Joint Authorization Board. A covered agency operating under a provisional authorization to operate shall issue an authorization to operate as soon as practicable and may not rely on the provisional authorization to operate for the duration of the scope of work. (b) Waiver of Requirements.-- (1) In general.--The Director of National Intelligence, or a designee of the Director, may waive the applicability to any national security system of any provision of this section if the Director of National Intelligence, or the designee, determines that such waiver is in the interest of national security. (2) Notification.--Not later than 30 days after exercising a waiver under this subsection, the Director of National Intelligence, or the designee of the Director, as the case may be, shall submit to the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate and the Committee on Oversight and Government Reform and the Permanent Select Committee on Intelligence of the House of Representatives a statement describing and justifying the waiver. (c) Rule of Construction.--Nothing in this section shall be construed as limiting the ability of the Office of Management and Budget to update or modify Federal guidelines relating to the security of cloud computing. SEC. 4. EXPANDED INDUSTRY COLLABORATION AND METRICS DEVELOPMENT FOR THE FEDERAL RISK AND AUTHORIZATION MANAGEMENT PROGRAM OFFICE. (a) In General.--The Director shall coordinate with the Federal Risk and Authorization Management Program Office to establish mandatory guidelines for the submission of an application for an authorization to operate and related materials to the Federal Risk and Authorization Management Program Office. (b) Contents.--The guidelines established under subsection (a) shall streamline and accelerate the Federal Risk and Authorization Management Program accreditation process by meeting the following requirements: (1) Not less frequently than monthly, report to the applicant the status, expected time to completion, and other key indicators related to compliance for an application for authorization to operate submitted to the Federal Risk and Authorization Management Program Office. (2) Enhanced training and industry liaison opportunities for covered agencies and cloud service providers. (3) A clarification of-- (A) the role and authority of third party assessment organization in the Federal Risk and Authorization Management Program process for authorizations to operate by covered agencies; (B) the extent to which the Federal Risk and Authorization Management Program Office may identify and begin to accept or rely upon certifications from other standards development organizations or third party assessment organization; and (C) the responsibility of covered agencies to sponsor a Federal Risk and Authorization Management Program authorization to operate as part of making Federal Risk and Authorization Management Program compliance a condition for entering into a contract or providing cloud computing services to a covered agency. (c) FedRAMP Liaison Group.-- (1) In general.--The Director, in coordination with the Program Management Office and the National Institute of Standards and Technology, shall host a public-private industry cloud commercial working group (in this subsection referred to as the ``FedRAMP Liaison Group'') representing cloud service providers. (2) Composition and functions.--The FedRAMP Liaison Group-- (A) shall include representatives of cloud service providers; (B) may include such working groups as are determined appropriate by the FedRAMP Liaison Group; (C) shall be hosted by the General Services Administration, who shall convene plenary meetings on a quarterly basis with individual working groups meeting as frequently as determined by the group; and (D) shall consult with and provide recommendations directly to the Program Management Office and the Joint Authorization Board of the Federal Risk and Authorization Management Program regarding the operations, processes improvements, and best practices of the Office and Board. (3) FACA exemption.--The Federal Advisory Committee Act shall not apply to the FedRAMP Liaison Group. (d) Providing Dedicated Agency Support.--The Program Management Office shall work with each covered agency to support and guide the efforts of the agency-- (1) to establish and issue the authorization to operate for the agency; (2) to facilitate authorization approval, support, and direct interfacing with cloud service providers; and (3) to facilitate partnership among agencies to efficiently support activities related to obtaining an authorization to operate. (e) Metrics.--The Director, in coordination with the National Institute of Standards and Technology and the FedRAMP Liaison Group, shall establish key performance metrics for the Federal Risk and Authorization Management Program Office, which shall include-- (1) recommendations for maximum time limits for the completion of authorizations to operate by service categories of cloud service providers, not to exceed six months; (2) targets for the streamlining of the authorization to operate through the use of innovative templates and transparent submission requirements; and (3) recommendations for satisfying Federal continuous monitoring requirements. (f) Report Required.--Not later than one year after the date of the enactment of this Act, the Director shall submit to the Committees on Appropriations and Oversight and Government Reform of the House of Representatives and the Committees on Appropriations and Homeland Security and Governmental Affairs of the Senate a report on the effectiveness and efficiency of the Federal Risk and Authorization Management Program Office. SEC. 5. ADDITIONAL BUDGET AUTHORITIES FOR THE MODERNIZATION OF IT SYSTEMS. (a) Assessment of Cloud First Implementation.--Not later than 90 days after the date of the enactment of this Act, the Director, in consultation with the Chief Information Officers Council, shall assess cloud computing opportunities and issue policies and guidelines for the adoption of Governmentwide programs providing for a standardized approach to security assessment and operational authorization for cloud computing products and services. (b) Information Technology System Modernization and Working Capital Fund.-- (1) Establishment.--There is established in each covered agency an information technology system modernization and working capital fund (hereafter ``IT working capital fund'') for necessary expenses for the agency described in paragraph (2). (2) Source of funds.--Amounts may be deposited into an IT working capital fund as follows: (A) Reprogramming of funds, including reprogramming of any funds available on the date of enactment of this Act for the operation and maintenance of legacy systems, in compliance with any applicable reprogramming law or guidelines of the Committees on Appropriations of the House of Representatives and the Senate. (B) Transfer of funds, including transfer of any funds available on the date of enactment of this Act for the operation and maintenance of legacy systems, but only if transfer authority is specifically provided for by law. (C) Amounts made available through discretionary appropriations. (3) Use of funds.--An IT working capital fund established under paragraph (1) may be used only for the following: (A) The replacement of a legacy information technology system. (B) The transition to cloud computing and innovative platforms and technologies subject to a transition plan for any project that costs more than $5,000,000 and approved by the Federal Chief Information Officer according to such guidelines as the Office of Management and Budget may designate. (C) To assist and support agency efforts to provide adequate, risk-based, and cost-effective information technology capabilities that address evolving threats to information security. (D) Developmental, modernization, and enhancement activities of information technology. (4) Existing funds.--An IT working capital fund may not be used to supplant funds provided for the operation and maintenance of any system already within an appropriation for the agency at the time of establishment of the IT working capital fund. (5) Reprogramming and transfer of funds.--The head of each covered agency shall prioritize funds within the IT working capital fund to be used initially for cost savings activities approved by the Federal Chief Information Officer, in consultation with the Chief Information Officer of the covered agency. The head of each covered agency may-- (A) reprogram any amounts saved as a direct result of such activities for deposit into the applicable IT working capital fund, consistent with paragraph (2)(A), except that any such reprogramming of amounts in excess of $500,000 shall be reported to the Committees on Appropriations of the House of Representatives and the Senate 30 days ain advance of such reprogramming; and (B) transfer any amounts saved as a direct result of such activities for deposit into the applicable IT working capital fund, consistent with paragraph (2)(B), except that any such transfer of amounts in excess of $500,000 shall be reported to the Committees on Appropriations of the House of Representatives and the Senate 30 days in advance of such transfer. (6) Return of funds.--Any funds deposited into an IT working capital fund must be obligated no later than 3 years after the date of such deposit. Any funds that are unobligated 3 years after such date shall be rescinded and deposited into the general fund of the Treasury and reported to the Committees on Appropriations of the House of Representatives and the Senate. (7) Semiannual report required.--Not later than 6 months after the date of the enactment of this Act, and semiannually thereafter, the head of any covered agency that uses an IT working capital fund shall submit to the Committees on Appropriations and Oversight and Government Reform of the House of Representatives and the Committees on Appropriations and Homeland Security and Governmental Affairs of the Senate a report on the obligation and expenditure of funds made available under this section. (c) GAO Report.--Not later than one year after the date of the enactment of this Act, and annually thereafter for five years, the Comptroller General of the United States shall submit to the Committees on Appropriations and Oversight and Government Reform of the House of Representatives and the Committees on Appropriations and Homeland Security and Governmental Affairs of the Senate a report-- (1) on the implementation and operation of each IT working capital fund established under this section; (2) that identifies current practices and compares the practices with industry best practices in areas such as the effective oversight and governance of a cloud computing working capital fund; and (3) that describes the basis for the use and operation of an IT working capital fund, the efficacy of the working capital fund to accelerate technology transitions, and recommendations for further improvement for the working capital fund. SEC. 6. DEFINITIONS. In this Act: (1) Authorization to operate.--The term ``authorization to operate'' means an approval and accreditation, including a provisional authorization to operate, regarding the security and operational qualifications of a cloud computing service provider to offer secure, reliable cloud computing service to a covered agency, that may be issued by the Joint Authorization Board, any successor entity, or the head of a covered agency. (2) Cloud computing.--The term ``cloud computing'' has the meaning given that term by the National Institute of Standards and Technology in NIST Special Publication 800-145 and any amendatory or superseding document thereto. (3) Cloud service provider.--The term ``cloud service provider'' means an entity offering cloud computing infrastructure, platforms, or software for commercial and Government entities. (4) Covered agency.--The term ``covered agency'' means each agency listed in section 901(b) of title 31, United States Code. (5) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (6) Federal risk and authorization management program office.--The term ``Federal Risk and Authorization Management Program Office'' or ``Program Management Office'' means the Federal Risk and Authorization Management Program Office, or any successor thereto. (7) Information system.--The term ``information system'' has the meaning given that term under section 3502 of title 44, United States Code. (8) Information technology.--The term ``information technology'' has the meaning given that term under section 11101 of title 40, United States Code. (9) Legacy information technology system.--The term ``legacy information technology system'' means an outdated or obsolete information technology that is no longer supported by the originating vendor or manufacturer. (10) National security system.--The term ``national security system'' has the meaning given that term under section 3552 of title 44, United States Code. (11) Third party assessment organization.--The term ``third party assessment organization'' means a third party accreditation body that conducts a conformity assessment of a cloud service data provider to ensure the provider meets security and operational guidelines issued by the Federal Risk and Authorization Management Program Office.

Modernizing Outdated and Vulnerable Equipment and Information Technology Act of 2016 or MOVE IT Act This bill prohibits a covered agency (specified agencies for which there are Chief Financial Officers) from storing or processing government information on a federal information system with any cloud service provider unless the provider has an authorization to operate a cloud computing service from the agency or the Joint Authorization Board. The Office of the Director of National Intelligence (ODNI) may waive the applicability of such prohibition to any national security system in the interest of national security and shall submit a statement justifying such waiver. The ODNI shall: (1) coordinate with the Federal Risk and Authorization Management Program Office (FRAMPO) to establish mandatory guidelines for the submission of an application for such an authorization that shall streamline and accelerate the accreditation process; (2) host a public-private industry cloud commercial working group representing cloud service providers, which shall provide recommendations directly to FRAMPO's Program Management Office and Joint Authorization Board regarding their operations, processes improvements, and best practices; (3) establish key performance metrics for FRAMPO; (4) report on the effectiveness and efficiency of FRAMPO; and (5) assess cloud computing opportunities and issue policies and guidelines for the adoption of government-wide programs providing for a standardized approach to security assessment and operational authorization for cloud computing products and services. There is established in each such agency an information technology system modernization and working capital fund for necessary expenses: for the replacement of a legacy information technology system; for the transition to cloud computing and innovative platforms and technologies; to assist and support efforts to provide information technology capabilities that address evolving threats to information security; and for developmental, modernization, and enhancement activities of information technology. Each agency shall prioritize amounts within such fund to be used initially for cost savings activities approved by the Federal Chief Information Officer. The Government Accountability Office shall report on the implementation and operation of each such fund, current practices compared with industry best practices for the effective oversight and governance of a cloud computing working capital fund, the basis for the fund's use and operation, the fund's efficacy to accelerate technology transitions, and recommendations for improvement.

MOVE IT Act

SECTION 1. SHORT TITLE. This Act may be cited as ``National Trails System Willing Seller Act''. SEC. 2. AUTHORITY TO ACQUIRE LAND FROM WILLING SELLERS FOR CERTAIN TRAILS. (a) Oregon National Historic Trail.--Section 5(a)(3) of the National Trails System Act (16 U.S.C. 1244(a)(3)) is amended by adding at the end the following: ``No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than \1/4\ mile on either side of the trail.''. (b) Mormon Pioneer National Historic Trail.--Section 5(a)(4) of the National Trails System Act (16 U.S.C. 1244(a)(4)) is amended by adding at the end the following: ``No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than \1/4\ mile on either side of the trail.''. (c) Continental Divide National Scenic Trail.--Section 5(a)(5) of the National Trails System Act (16 U.S.C. 1244(a)(5)) is amended by adding at the end the following: ``No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than \1/4\ mile on either side of the trail.''. (d) Lewis and Clark National Historic Trail.--Section 5(a)(6) of the National Trails System Act (16 U.S.C. 1244(a)(6)) is amended by adding at the end the following: ``No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than \1/4\ mile on either side of the trail.''. (e) Iditarod National Historic Trail.--Section 5(a)(7) of the National Trails System Act (16 U.S.C. 1244(a)(7)) is amended by adding at the end the following: ``No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than \1/4\ mile on either side of the trail.''. (f) North Country National Scenic Trail.--Section 5(a)(8) of the National Trails System Act (16 U.S.C. 1244(a)(8)) is amended by adding at the end the following: ``No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land.''. (g) Ice Age National Scenic Trail.--Section 5(a)(10) of the National Trails System Act (16 U.S.C. 1244(a)(10)) is amended by adding at the end the following: ``No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land.''. (h) Potomac Heritage National Scenic Trail.--Section 5(a)(11) of the National Trails System Act (16 U.S.C. 1244(a)(11)) is amended-- (1) by striking the fourth and fifth sentences; and (2) by adding at the end the following: ``No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land.''. (i) Nez Perce National Historic Trail.--Section 5(a)(14) of the National Trails System Act (16 U.S.C. 1244(a)(14)) is amended-- (1) by striking the fourth and fifth sentences; and (2) by adding at the end the following: ``No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than \1/4\ mile on either side of the trail.''. SEC. 3. CONFORMING AMENDMENT. Section 10 of the National Trails System Act (16 U.S.C. 1249) is amended by striking subsection (c) and inserting the following: ``(c) Authorization of Appropriations.-- ``(1) In general.--Except as otherwise provided in this Act, there are authorized to be appropriated such sums as are necessary to implement the provisions of this Act relating to the trails designated by section 5(a). ``(2) Natchez trace national scenic trail.-- ``(A) In general.--With respect to the Natchez Trace National Scenic Trail (referred to in this paragraph as the `trail') designated by section 5(a)(12)-- ``(i) not more than $500,000 shall be appropriated for the acquisition of land or interests in land for the trail; and ``(ii) not more than $2,000,000 shall be appropriated for the development of the trail. ``(B) Participation by volunteer trail groups.--The administering agency for the trail shall encourage volunteer trail groups to participate in the development of the trail.''.

National Trails System Willing Seller Act - Amends the National Trails System Act (the Act) to: (1) prohibit the federal acquisition of lands outside the exterior boundaries of any federally administered area, except with the owner's consent, for the Oregon, Mormon Pioneer, Lewis and Clark, Iditarod, and Nez Perce National Historic Trails and the Continental Divide, North Country, Ice Age, and Potomac Heritage National Scenic Trails; and (2) provide that federal authority to acquire fee title shall be limited to an average of not more than one-quarter mile on either side of such national historic trails and the Continental Divide National Scenic Trail.

A bill to amend the National Trails System Act to clarify Federal authority relating to land acquisition from willing sellers for the majority of the trails in the System, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Poll Tape Transparency Act of 2008''. SEC. 2. REQUIRING STATES TO MEET STANDARDS FOR PUBLICATION OF POLL TAPES. (a) In General.--Section 301(a) of the Help America Vote Act of 2002 (42 U.S.C. 15481(a)) is amended by adding at the end the following new paragraph: ``(7) Requirements for publication of poll tapes.-- ``(A) Requirements.--Each State shall meet the following requirements: ``(i) Upon the closing of the polls at each polling place, the appropriate election official, under the observation of the certified tabulation observers admitted to the polling place under subparagraph (E) (if any), shall announce the vote orally, post a copy of the poll tape reflecting the totals from each voting machine upon which votes were cast in the election at the polling place, and prepare and post a statement of the total number of individuals who appeared at the polling place to cast ballots, determined by reference to the number of signatures in a sign-in book or other similar independent count. Such officials shall ensure that each of the certified tabulation observers admitted to the polling place has full access to observe the process by which the poll tapes and statement are produced and a reasonable period of time to review the poll tapes and statement before the polling place is closed, and (if feasible) shall provide such observers with identical duplicate copies of the poll tapes and statement. ``(ii) As soon as practicable, but in no event later than noon of the day following the date of the election, the appropriate election official shall display (at a prominent location accessible to the public during regular business hours and in or within reasonable proximity to the polling place) a copy of each poll tape and statement prepared under clause (i), and the information shall be displayed on the official public websites of the applicable local election official and chief State election official, together with the name of the designated voting official who entered the information and the date and time the information was entered. ``(iii) Each website on which information is posted under clause (ii) shall include information on the procedures by which discrepancies shall be reported to election officials. If any discrepancy exists between the posted information and the relevant poll tape or statement, the appropriate election official shall display information on the discrepancy on the website on which the information is posted under clause (ii) not later than 24 hours after the official is made aware of the discrepancy, and shall maintain the information on the discrepancy and its resolution (if applicable) on such website during the entire period for which results of the election are typically maintained on such website. ``(iv) The appropriate election official shall preserve archived copies of the poll tapes and statements prepared under clause (i) and reports of discrepancies filed by certified tabulation observers for the period of time during which records and papers are required to be retained and preserved pursuant to title III of the Civil Rights Act of 1960 (42 U.S.C. 1974 et seq.) or for the same duration for which archived copies of other records of the election are required to be preserved under applicable State law, whichever is longer. ``(B) Treatment of ballots cast at early voting sites.-- ``(i) Application.--The requirements of this subparagraph shall apply with respect to poll tapes and statements of the number of voters who voted in person at designated sites prior to the date of the election. ``(ii) Daily count of voters.--At the close of business on each day on which ballots described in clause (i) may be cast prior to the date of the election, the appropriate election official at each such site shall-- ``(I) under the observation of certified tabulation observers admitted to the site under subparagraph (E) (if any), prepare and post a statement of the total number of individuals who appeared at the site to cast ballots, determined by reference to the number of signatures in a sign-in book or other similar independent count, and the total number of ballots cast (excluding information on the votes received by individual candidates), and shall ensure that each of the certified tabulation observers admitted to the site has full access to observe the process by which the statement is produced and a reasonable period of time to review the statement before the site is closed; and ``(II) display at the site during regular business hours for the duration of the early voting period a paper copy of the statement prepared under subclause (I). ``(iii) Application of general requirements for poll tapes and statements.--Upon the closing of the polls on the date of the election, the appropriate election official at each designated site described in this subparagraph shall meet the requirements of subparagraph (A) (including requirements relating to the role of certified tabulation observers) in the same manner as an election official at a polling place. ``(C) Treatment of absentee ballots.-- ``(i) Daily count of ballots mailed and received.--At the close of each business day on which a State mails or accepts absentee ballots cast in an election for Federal office prior to the date of the election, the appropriate election official shall-- ``(I) under the observation of certified tabulation observers admitted under subparagraph (E) to the site at which the ballots are mailed and received (if any), prepare and post a statement of the total number of absentee ballots mailed and received by the official during that day and a separate count of the number of absentee ballots received but rejected (separated into categories of the reasons for rejection), and ensure that each of the certified tabulation observers admitted to the site has full access to observe the process by which the statement is produced and a reasonable period of time to review the statement before the site is closed; and ``(II) display at the site during regular business hours for the duration of the period during which absentee ballots are processed a paper copy of the statement prepared under subclause (I). ``(ii) Application of general requirements for poll tapes and statements.--At the close of business on the last day on which absentee ballots are counted prior to the certification of the election, the appropriate election official at the site at which absentee ballots are received and counted shall meet the requirements of subparagraph (A) (including requirements relating to the role of certified tabulation observers) in the same manner as an election official at a polling place. ``(D) Daily count of provisional ballots.--At the close of business on the day on which the appropriate election official determines whether or not provisional ballots cast in an election for Federal office will be counted as votes in the election (as described in section 302(a)(4)), the official shall-- ``(i) under the observation of certified tabulation observers admitted under subparagraph (E) to the site at which the determination is made (if any), prepare and post a statement of the number of such ballots for which a determination was made, the number of ballots counted, and the number of ballots rejected (separated into categories of the reason for the rejection), and ensure that each of the certified tabulation observers admitted to the site has full access to observe the process by which the statement is produced and a reasonable period of time to review the statement before the site is closed; and ``(ii) display at the site during regular business hours for the duration of the period during which provisional ballots are processed a paper copy of the statement prepared under clause (i). ``(E) Admission of certified tabulation observers.-- ``(i) Certified tabulation observer defined.--In this paragraph, a `certified tabulation observer' is an individual who is certified by an appropriate election official as authorized to carry out the responsibilities of a certified tabulation observer under this paragraph. ``(ii) Selection.--In determining which individuals to certify as tabulation observers and admit to a polling place or other location to serve as certified tabulation observers with respect to an election for Federal office, the election official shall give preference to individuals who are affiliated with a candidate in the election, except that-- ``(I) the number of individuals admitted who are affiliated with the same candidate for Federal office may not exceed one; and ``(II) the maximum number of individuals who may be admitted shall equal the number of candidates in the election plus 3, or such greater number as may be authorized under State law. ``(iii) No effect on admission of other observers.--Nothing in this subparagraph may be construed to limit or otherwise affect the authority of other individuals to enter and observe polling place operations under any other law, including international observers authorized under any treaty or observers of the Federal Government authorized under the Voting Rights Act of 1965. ``(F) No effect on other tabulation requirements.-- Nothing in this Act may be construed to supersede any requirement that an election official at a polling place report vote totals to a central tabulation facility and address discrepancies the official finds in the aggregation of those totals with other vote totals.''. (b) Effective Date.--Section 301(d) of such Act (42 U.S.C. 15481(d)) is amended by striking ``January 1, 2006'' and inserting ``January 1, 2006 (or, in the case of the requirements of subsection (a)(7), shall meet such requirements with respect to the first election for Federal office held after the date of the enactment of the Poll Tape Transparency Act of 2008 and each subsequent election for Federal office)''.

Poll Tape Transparency Act of 2008 - Amends the Help America Vote Act with respect to the requirements for each voting system used in a federal election. Requires the appropriate election official, upon the closing of the polls at each polling place, and under the observation of the certified tabulation observers admitted to the polling place, to: (1) announce the vote orally; (2) post a copy of the poll tape reflecting the totals from each voting machine in the polling place upon which votes were cast; (3) prepare and post a statement of the total number of individuals who appeared at the polling place to cast ballots; and (4) display by noon the following day, at a prominent public location, a copy of each poll tape and statement. Requires display of such information also on the official public websites of the applicable local election official and chief state election official. Specifies similar treatment of ballots cast at early voting sites, absentee ballots, and the daily count of provisional ballots.

To amend the Help America Vote Act of 2002 to establish standards for the publication of the poll tapes used in elections for Federal office, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Work Made For Hire and Copyright Corrections Act of 2000''. SEC. 2. WORK MADE FOR HIRE. (a) Definition.--The definition of ``work made for hire'' contained in section 101 of title 17, United States Code, is amended-- (1) in paragraph (2), by striking ``as a sound recording,''; and (2) by inserting after paragraph (2) the following: ``In determining whether any work is eligible to be considered a work made for hire under paragraph (2), neither the amendment contained in section 1011(d) of the Intellectual Property and Communications Omnibus Reform Act of 1999, as enacted by section 1000(a)(9) of Public Law 106-113, nor the deletion of the words added by that amendment-- ``(A) shall be considered or otherwise given any legal significance, or ``(B) shall be interpreted to indicate congressional approval or disapproval of, or acquiescence in, any judicial determination, by the courts or the Copyright Office. Paragraph (2) shall be interpreted as if both section 2(a)(1) of the Work Made For Hire and Copyright Corrections Act of 2000 and section 1011(d) of the Intellectual Property and Communications Omnibus Reform Act of 1999, as enacted by section 1000(a)(9) of Public Law 106-113, were never enacted, and without regard to any inaction or awareness by the Congress at any time of any judicial determinations.''. (b) Effective Date.-- (1) Effective date.--The amendments made by this section shall be effective as of November 29, 1999. (2) Severability.--If the provisions of paragraph (1), or any application of such provisions to any person or circumstance, is held to be invalid, the remainder of this section, the amendments made by this section, and the application of this section to any other person or circumstance shall not be affected by such invalidation. SEC. 3. OTHER AMENDMENTS TO TITLE 17, UNITED STATES CODE. (a) Amendments to Chapter 7.--Chapter 7 of title 17, United States Code, is amended as follows: (1) Section 710, and the item relating to that section in the table of contents for chapter 7, are repealed. (2) Section 705(a) is amended to read as follows: ``(a) The Register of Copyrights shall ensure that records of deposits, registrations, recordations, and other actions taken under this title are maintained, and that indexes of such records are prepared.''. (3)(A) Section 708(a) is amended to read as follows: ``(a) Fees.--Fees shall be paid to the Register of Copyrights-- ``(1) on filing each application under section 408 for registration of a copyright claim or for a supplementary registration, including the issuance of a certificate of registration if registration is made; ``(2) on filing each application for registration of a claim for renewal of a subsisting copyright under section 304(a), including the issuance of a certificate of registration if registration is made; ``(3) for the issuance of a receipt for a deposit under section 407; ``(4) for the recordation, as provided by section 205, of a transfer of copyright ownership or other document; ``(5) for the filing, under section 115(b), of a notice of intention to obtain a compulsory license; ``(6) for the recordation, under section 302(c), of a statement revealing the identity of an author of an anonymous or pseudonymous work, or for the recordation, under section 302(d), of a statement relating to the death of an author; ``(7) for the issuance, under section 706, of an additional certificate of registration; ``(8) for the issuance of any other certification; and ``(9) for the making and reporting of a search as provided by section 705, and for any related services. The Register is authorized to fix fees for other services, including the cost of preparing copies of Copyright Office records, whether or not such copies are certified, based on the cost of providing the service.''. (B) Section 708(b) is amended-- (i) by striking the matter preceding paragraph (1) and inserting the following: ``(b) Adjustment of Fees.--The Register of Copyrights may, by regulation, adjust the fees for the services specified in paragraphs (1) through (9) of subsection (a) in the following manner:''; (ii) in paragraph (1), by striking ``increase'' and inserting ``adjustment''; (iii) in paragraph (2), by striking ``increase'' the first place it appears and inserting ``adjust''; and (iv) in paragraph (5), by striking ``increased'' and inserting ``adjusted''. (b) Conforming Amendment.--Section 121(a) of title 17, United States Code, is amended by striking ``sections 106 and 710'' and inserting ``section 106''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall take effect on the date of the enactment of this Act. (2) Carry-over of existing fees.--The fees under section 708(a) of title 17, United States Code, on the date of the enactment of this Act shall be the fees in effect under section 708(a) of such title on the day before such date of enactment. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Requires the Register of Copyrights to ensure that records of deposits, registrations, recordations, and other related actions taken under copyright provisions are maintained and that indexes of such records are prepared. (Currently, the Register is required to keep such records in the Copyright Office and to prepare such indexes.) Revises Copyright Office fee provisions. Authorizes the Register to adjust (currently, increase) such fees.

Work Made for Hire and Copyright Corrections Act of 2000

SECTION 1. SHORT TITLE AND REFERENCES. (a) Short Title.--That this Act may be cited as the ``Community Services Block Grant Amendments of 1994''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Community Services Block Grant Act (42 U.S.C. 9901 et seq.). SEC. 2. ESTABLISHMENT OF COMMUNITY INITIATIVE PROGRAM. (a) Community Initiative Program.--Section 681 (42 U.S.C. 9910) is amended to read as follows: ``community initiative program ``Sec. 681. (a) Grants.-- ``(1) Authority.-- ``(A) In general.--The Secretary is authorized to make grants to local, private, nonprofit community development corporations, or to enter into contracts or cooperative agreements with such community development corporations, to plan for and carry out economic development activities in economically distressed communities. ``(B) Economic development activities.--Economic development activities under this section shall be designed to address the economic needs of low-income individuals and families by creating employment and business development opportunities and by providing support services that are designed to enhance the ability of low-income individuals and families to successfully avail themselves of such opportunities. In addition to any other activities consistent with the purposes of this section, such activities may include the development of facilities through means such as the establishment of partnerships with Head Start agencies, agencies or organizations providing child care or otherwise engaged in the field of child care or child development, and agencies or organizations serving children, youth and families. ``(2) Consultation.--The Secretary shall exercise the authority provided under paragraph (1) in consultation with other relevant Federal officials. ``(b) Governing Boards.--Each community development corporation receiving funds under this section shall be governed by a board that shall consist of residents of the community and business and civic leaders. ``(c) Annual Statement.--The Secretary shall annually publish a statement of the types of projects or activities for which funding under this section will be a priority, such as projects or activities designed to strengthen or enhance activities funded by other Federal programs. ``(d) Geographic Distribution.--In providing assistance or entering into other arrangements under this section, the Secretary shall take into consideration the geographic distribution of funds among States and the relative proportion of funding among rural and urban areas. ``(e) Reservation.--Of the amounts made available to carry out this section, the Secretary may reserve not to exceed 1 percent for each fiscal year to make grants to private nonprofit organizations or to enter into contracts with private nonprofit or for profit organizations to provide technical assistance to aid community development corporations in developing or implementing projects funded under this section and to evaluate projects funded under this section.''. (b) Repeal.--Section 505 of the Family Support Act of 1988 (42 U.S.C. 1315 note) is repealed. (c) Conforming Amendments.-- (1) State allocations.--Section 674(a) (42 U.S.C. 9903(a)) is amended-- (A) in paragraph (1), by striking ``which remains after'' and all that follows through ``allot to each State;'' and inserting ``which remains after the Secretary makes the apportionment required in subsection (b)(1), allot to each State''; and (B) in paragraph (2)(A), by striking ``which remains after'' and all that follows through ``exceeds'' and inserting ``which remains after the Secretary makes the apportionment required in subsection (b)(1), exceeds''. (2) Annual report.--Section 682(c) (42 U.S.C. 9911(c)) is amended by striking ``section 681(d)'' and inserting ``section 672(b)''. (3) Limitation.--Section 680(a) (42 U.S.C. 9909(a)) is amended by striking ``section 681(c)'' and inserting ``section 681''. SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS. (a) Authorization of Appropriations.--Subsection (b) of section 672 (42 U.S.C. 9901(b)) is amended to read as follows: ``(b) There are authorized to be appropriated $434,622,000 for fiscal year 1995, and such sums as may be necessary for each of fiscal years 1996 through 1998, to carry out the provisions of this subtitle.''. (b) Repeals.-- (1) Community food and nutrition.--Section 681A (42 U.S.C. 9910a) is repealed. (2) Demonstration partnership agreements.--Section 408 of the Human Services Reauthorization Act of 1986 (42 U.S.C. 9910b) is repealed. SEC. 4. ALLOTMENTS. (a) Section Heading.--Section 674 (42 U.S.C. 9903) is amended in the section heading to read as follows: ``allotments''. (b) Set-Asides.--Section 674 (42 U.S.C. 9903) is amended-- (1) by redesignating subsections (a), (b), and (c) as subsections (e), (f), and (g), respectively; and (2) by inserting before subsection (e) (as so redesignated), the following new subsections: ``(a) With respect to amounts appropriated under section 672(b), the Secretary shall make allotments in accordance with subsections (b) through (g). ``(b) Of the amounts appropriated pursuant to section 672(b) for fiscal year 1995 and each of the following 4 fiscal years, the Secretary shall reserve $35,000,000 for each such fiscal year for carrying out section 681. ``(c) Of the amounts appropriated pursuant to section 672(b), the Secretary may reserve not to exceed one-half of 1 percent of the amount remaining after the application of subsection (b) for each of the fiscal years 1995 and 1996, and up to 1 percent of such amount for fiscal year 1997 and each fiscal year thereafter, for training, technical assistance, planning, and evaluation activities related to programs or projects carried out under this Act. Such activities may be carried out by the Secretary directly or through grants, contracts, or cooperative agreements. ``(d) Of the amounts appropriated pursuant to section 672(b), the Secretary may reserve not to exceed 2\1/2\ percent of the amount remaining after the application of subsection (b) for fiscal year 1995, up to 4 percent of such amount for fiscal year 1996, up to 5 percent of such amount for fiscal year 1997, and up to 6 percent of such amount for fiscal year 1998, for grants, contracts, or cooperative agreements to address needs or problems of the poor which are identified by the Secretary as priorities in the effort to alleviate the causes of poverty.''. SEC. 5. APPLICATIONS AND REQUIREMENTS. (a) Assured Activities.--Section 675(c)(1)(B) (42 U.S.C. 9904(c)(1)(B)) is amended by inserting ``the homeless, migrants, and'' before ``the elderly poor''. (b) State Responsibilities.--Section 675(c)(2)(B) (42 U.S.C. 9904(c)(2)(B)) is amended to read as follows: ``(B) if less than 100 percent of the allotment is expended under subparagraph (A), provide assurances that with respect to the remainder of the allotment a reasonable amount shall be used for-- ``(i) monitoring the activities of eligible entities and providing training and technical assistance to those entities in need of such assistance; ``(ii) coordinating State-operated programs and services targeted to low-income children and families with services provided by eligible entities funded under this Act; and ``(iii) considering the distribution of funds under this Act within the State to determine if such funds have been targeted to the areas of highest need and, thereafter, not more than the greater of $55,000 or 5 percent of its allotment under section 674 for administrative expenses at the State level;''. (c) Tripartite Board.--Section 675(c)(3) (42 U.S.C. 9904(c)(3)) is amended-- (1) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively; (2) by striking the comma after ``provide assurances that'' and inserting ``(A)''; and (3) by inserting before the semicolon at the end thereof ``, and (B) in the case of a public organization receiving funds under this subtitle, such organization either establish-- ``(i) a board of which at least one-third of the members are persons chosen in accordance with democratic selection procedures adequate to assure that they are representative of the poor in the area served; or ``(ii) another mechanism specified by the State to assure citizen participation in the planning, administration, and evaluation of projects for which such organization has been funded;''. (d) Community Action Agency Plan.--Section 675(c) (42 U.S.C. 9904(c)) is amended-- (1) in paragraph (11)(B) by striking ``and'' at the end thereof; (2) in paragraph (12) by striking the period and inserting ``; and''; and (3) by inserting after paragraph (12) the following new paragraph: ``(13) secure from each eligible entity as a condition to its receipt of funding under this Act a community action plan (which shall be available to the Secretary for inspection) that includes-- ``(A) a community needs assessment (including food needs); ``(B) a description of the service delivery system targeted to low-income individuals and families in the service area; ``(C) a description of how linkages will be developed to fill identified gaps in services through information, referral, case management, and followup consultations; ``(D) a description of how funding under this Act will be coordinated with other public and private resources; and ``(E) a description of outcome measures to be used to monitor success in promoting self-sufficiency, family stability, and community revitalization.''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall become effective with respect to fiscal years beginning on or after October 1, 1994.

Community Services Block Grant Amendments of 1994 - Amends the Community Services Block Grant Act to authorize a community initiative grant program to carry out economic development activities in economically distressed communities. Extends the authorization of appropriations for the community services block grant program. Obligates funds for the community initiatives program.

Community Services Block Grant Amendments of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Montana Fish and Wildlife Conservation Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) it is in the interest of the United States for the Secretary of the Interior to sell leaseholds at Canyon Ferry Reservoir in the State of Montana for fair market value if the proceeds from the sale are used-- (A) to establish a trust to provide a permanent source of funding to acquire access or other property interests from willing sellers to conserve fish and wildlife and to enhance public hunting and fishing opportunities at the Reservoir and along the Missouri River; (B) to establish a fund to be used to acquire access or other property interests from willing sellers to increase public access to Federal land in the State of Montana and to enhance hunting and fishing opportunities; and (C) to reduce the Pick-Sloan project debt for the Canyon Ferry Unit; (2) existing trusts in the State of Montana, including the Rock Creek Trust and the Montana Power Company Missouri-Madison Trust, have provided substantial public benefits by conserving fish and wildlife and by enhancing public hunting and fishing opportunities in the State of Montana; (3) many Federal lands in the State of Montana do not have suitable public access, and establishing a fund to acquire easements to those lands from willing sellers would enhance public hunting and fishing opportunities in the State of Montana; (4) the sale of the leaseholds at the Reservoir will reduce Federal payments in lieu of taxes and associated management expenditures in connection with the ownership by the Federal Government of the leaseholds while increasing local tax revenues from the new owners of the leased lots; and (5) the sale of the leaseholds at the Reservoir will reduce expensive and contentious disputes between the Federal Government and leaseholders, while ensuring that the Federal Government receives full and fair value for the acquisition of the property. SEC. 3. DEFINITIONS. In this Act: (1) CFRA.--The term ``CFRA'' means the Canyon Ferry Recreation Association, Incorporated, a Montana corporation. (2) Fund.--The term ``Fund'' means the Montana Hunter and Fisherman Access Fund established under section 6(a). (3) Lessee.--The term ``lessee'' means the holder of a leasehold described in section 4(b) as of the date of enactment of this Act, and the holder's heirs, executors, and assigns of the holder's leasehold interest. (4) Purchaser.--The term ``Purchaser'' means the person or entity that purchases the 265 leaseholds under section 4. (5) Reservoir.--The term ``Reservoir'' means the Canyon Ferry Reservoir in the State of Montana. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) Trust.--The term ``Trust'' means the Canyon Ferry- Missouri River Trust established under section 5(a). SEC. 4. SALE OF LEASEHOLDS. (a) In General.--Subject to subsection (c) and notwithstanding any other provision of law, the Secretary shall sell at fair market value-- (1) all right, title, and interest of the United States in and to all (but not fewer than all) of the leaseholds described in subsection (b), subject to valid existing rights; and (2) easements for-- (A) vehicular access to each leasehold; (B) access to and the use of 1 dock per leasehold; and (C) access to and the use of all boathouses, ramps, retaining walls, and other improvements for which access is provided in the leases as of the date of this Act. (b) Description of Leaseholds.-- (1) In general.--The leaseholds to be conveyed are-- (A) the 265 cabin sites of the Bureau of Reclamation located along the northern portion of the Reservoir in portions of sections 2, 11, 12, 13, 15, 22, 23, and 26, Township 10 North, Range 1 West; plus (B) any small parcels contiguous to the leaseholds (not including shoreline property or property needed to provide public access to the shoreline of the Reservoir) that the Secretary determines should be conveyed in order to eliminate inholdings and facilitate administration of surrounding land remaining in Federal ownership. (2) Acreage; legal description.--The acreage and legal description of each property shall be agreed on by the Secretary and the Purchaser. (c) Purchase Process.-- (1) In general.--The Secretary shall-- (A) solicit sealed bids for all of the leaseholds; and (B) subject to paragraph (2), sell the leaseholds to the bidder that submits the highest bid above the minimum bid determined under paragraph (2). (2) Minimum bid.--Before accepting bids, the Secretary, in consultation with interested bidders, shall establish a minimum bid based on an appraisal of the fair market value of the leaseholds, exclusive of the value of private improvements made by the leaseholders before the date of the conveyance, by means of an appraisal conducted in accordance with the appraisal procedures used under Federal law, including, to the extent practicable, the procedures specified in sections 2201.3 through 2201.3-5 of title 43, Code of Federal Regulations. (3) Right of first refusal.--If the highest bidder is other CFRA, CFRA shall have the right to match the highest bid and purchase the leaseholds at a price equal to the amount of that bid. (d) Conditions.-- (1) Consideration.--As consideration for the conveyance under subsection (a), the Purchaser shall-- (A) contribute to the Trust the amount that is equal to 45 percent of the purchase price of the leaseholds; (B) contribute to the Fund the amount that is equal to 45 percent of the purchase price of the leaseholds; and (C) pay the Secretary for deposit in the Treasury of the United States an amount that is equal to 10 percent of the purchase price of the leaseholds. (2) No charitable deduction.--The Purchaser, any owner, member, or other interest holder in the Purchaser, and any leaseholder shall not be entitled to a charitable deduction under the Internal Revenue Code of 1986 by reason of the making of the contribution under subparagraph (A) or (B) of paragraph (1). (3) Option to purchase.-- (A) In general.--The Purchaser shall give each leaseholder of record of a leasehold conveyed under this section an option to purchase the leasehold at fair market value. (B) Nonpurchasing lessees.-- (i) Right to continue lease.--A lessee that is unable or unwilling to purchase a property shall be permitted to continue to lease the property for fair market value rent under the same terms and conditions as the existing leases, including the right to renew the term of the existing lease for 2 consecutive 5-year terms. (ii) Compensation for improvements.--If a lessee declines to purchase a leasehold, the Purchaser shall compensate the lessee for the full market value of the improvements made to the leasehold. (4) Historical use.--The Purchaser shall honor the existing property descriptions and historical use restrictions for the leaseholds, as determined by the Bureau of Reclamation. (e) Administrative Costs.--Any administrative cost incurred by the Secretary incident to the conveyance under subsection (a) shall be reimbursed by the Purchaser. SEC. 5. CANYON FERRY-MISSOURI RIVER TRUST. (a) Establishment.--The Secretary shall encourage establishment of a nonprofit charitable permanent perpetual trust, similar in structure and purpose to the existing trusts referred to in section 1(2), to be known as the ``Canyon Ferry-Missouri River Trust'', to provide a permanent source of funding to acquire land and interests in land from willing sellers at fair market value to conserve fish and wildlife, enhance public hunting and fishing opportunities, and improve public access at the Reservoir and along the Missouri River and its tributaries from the confluence of the Madison River, Gallatin River, and Jefferson River downstream to the Reservoir. (b) Board of Trustees.-- (1) Membership.--The trust referred to in subsection (a) shall have a Board of Trustees consisting of 1 representative of each of-- (A) local agricultural landowners; (B) a local hunting organization; (C) a statewide hunting organization; (D) a fisheries conservation organization; and (E) a nonprofit land trust or environmental organization. (2) Consultation.--In managing the Trust, the Board of Directors shall consult with representatives of-- (A) the Bureau of Reclamation; (B) the Forest Service; (C) the Bureau of Land Management; (D) the United States Fish and Wildlife Service; (E) the Montana Department of Fish, Wildlife, and Parks; (F) the Montana Science Institute at Canyon Ferry, Montana; and (G) local governmental bodies (including the Lewis and Clark and Broadwater County Commissioners). (c) Use.-- (1) Principal.--The principal amount of the Trust shall be inviolate. (2) Earnings.--Earnings on amounts in the Trust shall be used to carry out subsection (a) and to administer the Trust. (d) Management.--Land and interests in land acquired under this section shall be managed for the purposes described in subsection (a). SEC. 6. MONTANA HUNTER AND FISHERMAN ACCESS FUND. (a) Establishment.--There is established in the Treasury of the United States an interest-bearing account, to be known as the ``Montana Hunter and Fisherman Access Fund'', for the purpose of acquiring land and interests in land in the State of Montana from willing sellers at fair market value to-- (1) improve public access to Federal land in the State of Montana for hunting or fishing; and (2) enhance public hunting and fishing opportunities in the State of Montana through the conservation of fish and wildlife. (b) Use.-- (1) Principal.--The principal amount of the Fund shall be inviolate. (2) Earnings.-- (A) In general.--Earnings on amounts in the Fund shall be used to carry out subsection (a). (B) Administration.--The earnings shall be used at the joint direction of-- (i) the Chief of the Forest Service; (ii) the Director of the Bureau of Land Management; and (iii) the Director of the United States Fish and Wildlife Service. (c) Management.--Land and interests in land acquired under this section shall be managed for the purposes described in subsection (a).

Montana Fish and Wildlife Conservation Act of 1998 - Directs the Secretary of the Interior to sell at fair market value: (1) all right, title, and interest of the United States in and to specified leaseholds (cabin sites of the Bureau of Reclamation located in the Canyon Ferry Reservoir in Montana and certain contiguous parcels), subject to valid existing rights; and (2) easements for specified access to such leaseholds. Sets forth requirements for the purchase process. Grants the Canyon Ferry Recreation Association, Incorporated, the right to match the highest bid and purchase the leaseholds. Requires the leasehold purchaser to: (1) contribute 45 percent of the purchase price to each of the Canyon Ferry-Missouri River Trust and the Montana Hunter and Fisherman Access Fund (established by this Act); and (2) pay ten percent of the purchase price to the Secretary for deposit in the Treasury. Gives existing leaseholders an option to purchase leaseholds and nonpurchasing lessees the right to continue to lease the property under the same terms provided in existing leases. Requires the Secretary to encourage establishment of a nonprofit charitable permanent perpetual trust, to be known as the Canyon Ferry-Missouri River Trust, to provide a permanent source of funding to acquire land to conserve fish and wildlife, enhance public hunting and fishing opportunities, and improve public access at the Reservoir and along the Missouri River. Establishes the Montana Hunter and Fisherman Access Fund in the Treasury for purposes of acquiring land in Montana to improve public access to Federal land for hunting or fishing and enhance public hunting and fishing opportunities through the conservation of fish and wildlife.

Montana Fish and Wildlife Conservation Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Election Standards Act of 2001''. SEC. 2. UNIFORM NATIONAL STANDARDS FOR FEDERAL ELECTION PROCEDURES. (a) Uniform Standards.--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: ``SEC. 323. UNIFORM ELECTION PROCEDURES. ``(a) In General.--The Commission shall provide required uniform national standards regarding procedures for elections for Federal office that-- ``(1) minimize delay, error, or confusion in voting and in voter registration; ``(2) eliminate fraud in the voting process; ``(3) increase the accuracy and reliability of vote counts and counting procedure; ``(4) reduce the number of uncounted and discarded ballots; ``(5) encourage voter registration and voter turnout; ``(6) ensure accessibility to registration facilities and polling places for all voters; and ``(7) promote public confidence in the accuracy and reliability of the election process. ``(b) Standards.--The standards under subsection (a) shall include procedures regarding-- ``(1) the type of ballots used; ``(2) vote counting; ``(3) use of counting machines; ``(4) accuracy and security of elections and vote counts; ``(5) voter registration; and ``(6) verification and maintenance of voter rolls. ``(c) Study of State Procedures.--For purposes of determining standards under subsection (a), the Commission shall study and periodically review (not less often than once every 6 months following an election for Federal office) State election regulations and procedures. ``(d) Enforcement.--Standards established under this section shall only be enforceable under section 309(e). ``(e) Regulations.-- ``(1) In general.--Not later than January 1, 2002, the Commission shall promulgate regulations to carry out the provisions of this section based on an initial study and analysis of election and vote counting procedures utilized in each State. ``(2) State compliance.--The Commission may-- ``(A) prescribe a reasonable period of time for States to comply with the uniform national standards established under this section; and ``(B) establish a process for a State to request a waiver of compliance with a standard or an extension of time to comply with a standard, based on a showing that the State cannot reasonably comply with such standard.''. (b) Enforcement.-- (1) Civil penalties.-- (A) In general.--Section 309 of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g) is amended by adding at the end the following: ``(e) The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out the requirements under section 323.''. (B) Conforming amendment.--Section 309(a)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)(1)) is amended by striking ``Any person'' and inserting ``Except as provided in section 323, any person''. (2) Criminal penalties.-- (A) In general.--Chapter 29 of title 18, United States Code, is amended by adding at the end the following: ``SEC. 612. NONCOMPLIANCE WITH UNIFORM NATIONAL ELECTION STANDARDS. ``It shall be unlawful for any person to knowingly conduct an election for Federal office (within the meaning of section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431)), or to knowingly interfere with such election, so that the election is in violation of the uniform national standards established by the Federal Election Commission under section 323 of such Act. Any person who violates this section shall be fined under this title or imprisoned not more than 3 years, or both.''. (B) Conforming amendment.--The table of sections for chapter 29 of title 18, United States Code, is amended by inserting at the end the following: ``Sec. 612. Noncompliance with uniform national election standards.''. (c) Compliance Grant Program.-- (1) In general.--The Federal Election Commission is authorized to make grants to States to provide for the cost of implementing the uniform national standards for elections established under section 323 of the Federal Election Campaign Act of 1971. (2) Use of funds.--A State may use a grant received under paragraph (1) for costs in relation to compliance with the uniform national standards for elections established by the Federal Election Commission. (3) Application.--Each State that desires to receive a grant under this subsection shall submit an application to the Federal Election Commission, at such time, in such manner, and accompanied by such information as reasonably required by the regulations promulgated under paragraph (5). (4) Approval of application.--The Federal Election Commission shall approve an application in accordance with the standards required under paragraph (5). (5) Administrative regulations.--The Federal Election Commission shall issue regulations regarding grants under this subsection that provide for the following: (A) The application process. (B) The content of an application. (C) The standard amount of each grant. (D) The criteria for approval of an application. (6) Authorization of appropriations.-- (A) In general.--There is authorized to be appropriated $100,000,000 for each of fiscal years 2002 through 2011 to carry out the provisions of this subsection. (B) Availability of funds.--Such funds shall remain available until expended. (7) Reports.--Not later than 1 year after the date of enactment of this Act and annually thereafter, the Federal Election Commission shall submit to Congress a report on the activities under this subsection. SEC. 3. CHANGE IN GENERAL ELECTION DATE. (a) Electors.--Section 1 of title 3, United States Code, is amended by striking ``on the Tuesday next after the first Monday'' and inserting ``on the first consecutive Saturday and Sunday prior to the first Monday''. (b) Congressional Elections.--Section 25 of the Revised Statutes (2 U.S.C. 7) is amended to read as follows: ``Sec. 25. The first consecutive Saturday and Sunday prior to the first Monday in November, in every even numbered year, are established as the days for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January thereafter.''. SEC. 4. VOTER REGISTRATION IN FEDERAL ELECTIONS. Section 4 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-2) is amended by adding at the end the following: ``(c) Same Day Registration.--Notwithstanding any other Federal or State law, each State shall establish procedures to allow voters in the State to register to vote at the polling place at the time of voting in a general election for Federal office.''.

National Election Standards Act of 2001 - Amends the Federal Election Campaign Act of 1971 (FECA) to direct the Federal Election Commission (FEC) to provide uniform national election standards meeting specified criteria with regard to procedures for elections to Federal office.Authorizes FEC to make grants to States to provide for the cost of implementing such standards for elections to Federal office. Establishes civil and criminal penalties for violation of such standards.Amends Federal presidential elections and vacancies law and other Federal election law to provide for a change in the date with respect to the timing of the appointment of presidential and vice presidential electors, and with respect to the timing of the holding of congressional elections.Amends the National Voter Registration Act of 1993 to require each State to establish procedures to allow voters in the State to register to vote at the polling place at the time of voting in a general election for Federal office.

A bill to direct the Federal Election Commission to set uniform national standards for Federal election procedures, change the Federal election day, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Value-Added Development Act for American Agriculture''. SEC. 2. AGRICULTURE INNOVATION CENTER DEMONSTRATION PROGRAM. (a) Purposes.--The purposes of this section are to carry out a demonstration program under which agricultural producers are provided-- (1) technical assistance, including engineering services, applied research, scale production, and similar services to enable the producers to establish businesses for further processing of agricultural products; (2) marketing, market development, and business planning; (3) overall organizational, outreach, and development assistance to increase the viability, growth, and sustainability of value-added agricultural businesses. (b) Nature of Program.--The Secretary of Agriculture (in this section referred to as the ``Secretary'') shall-- (1) make grants to eligible applicants for the purposes of enabling the applicants to obtain the assistance described in subsection (a); and (2) provide assistance to eligible applicants through the research and technical services of the Department of Agriculture. (c) Eligibility Requirements.-- (1) In general.--An applicant shall be eligible for a grant and assistance described in subsection (b) to establish an Agriculture Innovation Center if-- (A) the applicant-- (i) has provided services similar to those described in subsection (a); or (ii) shows the capability of providing the services; (B) the application of the applicant for the grant and assistance sets forth a plan, in accordance with regulations which shall be prescribed by the Secretary, outlining support of the applicant in the agricultural community, the technical and other expertise of the applicant, and the goals of the applicant for increasing and improving the ability of local producers to develop markets and processes for value-added agricultural products; (C) the applicant demonstrates that resources (in cash or in kind) of definite value are available, or have been committed to be made available, to the applicant, to increase and improve the ability of local producers to develop markets and processes for value- added agricultural products; and (D) the applicant meets the requirement of paragraph (2). (2) Board of directors.--The requirement of this paragraph is that the applicant shall have a board of directors comprised of representatives of the following groups: (A) The 2 general agricultural organizations with the greatest number of members in the State in which the applicant is located. (B) The Department of Agriculture or similar State organization or department, for the State. (C) Organizations representing the 4 highest grossing commodities produced in the State, according to annual gross cash sales. (d) Grants and Assistance.-- (1) In general.--Subject to the availability of appropriations, the Secretary shall make annual grants to eligible applicants under this section, each of which grants shall not exceed the lesser of-- (A) $1,000,000; or (B) twice the dollar value of the resources (in cash or in kind) that the applicant has demonstrated are available, or have been committed to be made available, to the applicant in accordance with subsection (c)(1)(C). (2) Initial limitation.--In the first year of the demonstration program under this section, the Secretary shall make grants under this section, on a competitive basis, to not more than 10 eligible applicants. (3) Expansion of demonstration program.--In the second year of the demonstration program under this section, the Secretary may make grants under this section to not more than 10 eligible applicants, in addition to any entities to which grants are made under paragraph (2) for such year. (4) State limitation.--In the first 3 years of the demonstration program under this section, the Secretary shall not make a Agricultural Innovation Center Demonstration Program grant under this section to more than 1 entity in any State. (e) Use of Funds.--An entity to which a grant is made under this section may use the grant only for the following purposes: (1) Applied research. (2) Consulting services. (3) Office equipment. (4) Hiring of employees, at the discretion of the board of directors of the entity. (5) The making of matching grants, each of which shall be not more than $5,000, to agricultural producers, so long as the aggregate amount of all such matching grants shall be not more than $50,000. (6) Legal services. (f) Limitations on Authorization of Appropriations.--For grants and assistance under this section, there are authorized to be appropriated to the Secretary not more than-- (1) $10,000,000 for fiscal year 2002; (2) $20,000,000 for each of fiscal years 2003 and 2004. (g) Report on Best Practices.-- (1) Effects on the agricultural sector.--The Secretary shall utilize $300,000 per year of the funds appropriated pursuant to this section to support research at a land-grant university into the effects of value-added projects on agricultural producers and the commodity markets. The research should systematically examine possible effects on demand for agricultural commodities, market prices, farm income, and Federal outlays on commodity programs using linked, long-term, global projections of the agricultural sector. (2) Department of agriculture.--Not later than 3 years after the first 10 grants are made under this section, the Secretary shall prepare and submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and to the Committee on Agriculture of the House of Representatives a written report on the effectiveness of the demonstration program conducted under this section at improving the production of value-added agricultural products and on the effects of the program on the economic viability of the producers, which shall include the best practices and innovations found at each of the Agriculture Innovation Centers established under the demonstration program under this section, and detail the number and type of agricultural projects assisted, and the type of assistance provided, under this section.

Value-Added Development Act for American Agriculture - Directs the Secretary of Agriculture to make grants to eligible applicants for an agricultural innovation center demonstration program to assist value-added agricultural businesses.Authorizes up to ten initial grants. Sets forth permitted fund uses.

To provide for grants to assist value-added agricultural businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians are descendants of, and political successors to, signatories of the 1836 Treaty of Washington and the 1855 Treaty of Detroit. (2) The Grand Traverse Band of Ottawa and Chippewa Indians, the Sault Ste. Marie Tribe of Chippewa Indians, and the Bay Mills Band of Chippewa Indians, whose members are also descendants of the signatories to the 1836 Treaty of Washington and the 1855 Treaty of Detroit, have been recognized by the Federal Government as distinct Indian tribes. (3) The Little Traverse Bay Bands of Odawa Indians consists of at least 1,000 eligible members who continue to reside close to their ancestral homeland as recognized in the Little Traverse Reservation in the 1836 Treaty of Washington and 1855 Treaty of Detroit, which area is now known as Emmet and Charlevoix Counties, Michigan. (4) The Little River Band of Ottawa Indians consists of at least 500 eligible members who continue to reside close to their ancestral homeland as recognized in the Manistee Reservation in the 1836 Treaty of Washington and reservation in the 1855 Treaty of Detroit, which area is now known as Manistee and Mason Counties, Michigan. (5) The Bands filed for reorganization of their existing tribal governments in 1935 under the Act of June 18, 1934 (25 U.S.C. et seq.; commonly referred to as the ``Indian Reorganization Act''). Federal agents who visited the Bands, including Commissioner of Indian Affairs, John Collier, attested to the continued social and political existence of the Bands and concluded that the Bands were eligible for reorganization. Due to a lack of Federal appropriations to implement the provisions of such Act, the Bands were denied the opportunity to reorganize. (6) In spite of such denial, the Bands continued their political and social existence with viable tribal governments. The Bands, along with other Michigan Odawa/Ottawa groups, including the tribes described in paragraph (2), formed the Northern Michigan Ottawa Association in 1948. The Association subsequently pursued a successful land claim with the Indian Claims Commission. (7) Between 1948 and 1975, the Bands carried out many of their governmental functions through the Northern Michigan Ottawa Association, while retaining individual Band control over local decisions. (8) In 1975, the Northern Michigan Ottawa Association petitioned under the Act of June 18, 1934 (25 U.S.C. 461 et seq.; commonly referred to as the ``Indian Reorganization Act''), to form a government on behalf of the Bands. Again in spite of the Bands' eligibility, the Bureau of Indian Affairs failed to act on their request. (9) The United States Government, the government of the State of Michigan, and local governments have had continuous dealings with the recognized political leaders of the Bands from 1836 to the present. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``Bands'' means the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians; (2) the term ``member'' means those individuals enrolled in the Bands pursuant to section 7; and (3) the term ``Secretary'' means the Secretary of the Interior. SEC. 4. FEDERAL RECOGNITION. (a) Federal Recognition.--Federal recognition of the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians is hereby reaffirmed. All laws and regulations of the United States of general application to Indians or nations, tribes, or bands of Indians, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.; commonly referred to as the ``Indian Reorganization Act''), which are not inconsistent with any specific provision of this Act shall be applicable to the Bands and their members. (b) Federal Services and Benefits.-- (1) In general.--The Bands and their members shall be eligible for all services and benefits provided by the Federal Government to Indians because of their status as federally recognized Indians, and notwithstanding any other provision of law, such services and benefits shall be provided after the date of the enactment of this Act to the Bands and their members without regard to the existence of a reservation or the location of the residence of any member on or near any Indian reservation. (2) Service areas.-- (A) Little traverse bay bands.--For purposes of the delivery of Federal services to the enrolled members of the Little Traverse Bay Bands of Odawa Indians, the area of the State of Michigan within 70 miles of the boundaries of the reservations for the Little Traverse Bay Bands as set out in Article I, paragraphs `third' and `fourth' of the Treaty of 1855, 11 Stat. 621, shall be deemed to be within or near a reservation, notwithstanding the establishment of a reservation for the tribe after the date of the enactment of this Act. Services may be provided to members outside the named service area unless prohibited by law or program regulations. (B) Little river band.--For purposes of the delivery of Federal services to enrolled members of the Little River Band of Ottawa Indians, the Counties of Manistee, Mason, Wexford and Lake, in the State of Michigan, shall be deemed to be within or near a reservation, notwithstanding the establishment of a reservation for the tribe after the date of the enactment of this Act. Services may be provided to members outside the named Counties unless prohibited by law or program regulations. SEC. 5. REAFFIRMATION OF RIGHTS. (a) In General.--All rights and privileges of the Bands, and their members thereof, which may have been abrogated or diminished before the date of the enactment of this Act are hereby reaffirmed. (b) Existing Rights of Tribe.--Nothing in this Act shall be construed to diminish any right or privilege of the Bands, or of their members, that existed prior to the date of enactment of this Act. Except as otherwise specifically provided in any other provision of this Act, nothing in this Act shall be construed as altering or affecting any legal or equitable claim the Bands might have to enforce any right or privilege reserved by or granted to the Bands which were wrongfully denied to or taken from the Bands prior to the enactment of this Act. SEC. 6. TRANSFER OF LAND FOR THE BENEFIT OF THE BANDS. (a) Little Traverse Bay Bands.--The Secretary shall acquire real property in Emmet and Charlevoix Counties for the benefit of the Little Traversee Bay Bands. The Secretary shall also accept any real property located in those Counties for the benefit of the Little Traverse Bay Bands if conveyed or otherwise transferred to the Secretary, if at the time of such acceptance, there are no adverse legal claims on such property including outstanding liens, mortgages or taxes owed. (b) Little River Band.--The Secretary shall acquire real property in Manistee and Mason Counties for the benefit of the Little River Band. The Secretary shall also accept any real property located in those Counties for the benefit of the Little River Band if conveyed or otherwise transferred to the Secretary, if at the time of such acceptance, there are no adverse legal claims on such property including outstanding liens, mortgages or taxes owed. (c) Additional Lands.--The Secretary may accept any additional acreage in each of the Bands' service area specified by section 4(b) of this Act pursuant to his authority under the Act of June 18, 1934 (25 U.S.C. 461 et seq.; commonly referred to as the ``Indian Reorganization Act''). (d) Reservation.--Subject to the conditions imposed by this section, the land acquired by or transferred to the Secretary under or pursuant to this section shall be taken in the name of the United States in trust for the Bands and shall be a part of the respective Bands' reservation. SEC. 7. MEMBERSHIP. Not later than 18 months after the date of the enactment of this Act, the Bands shall submit to the Secretary membership rolls consisting of all individuals currently enrolled for membership in such Bands. The qualifications for inclusion on the membership rolls of the Bands shall be determined by the membership clauses in such Bands' respective governing documents, in consultation with the Secretary. Upon completion of the rolls, the Secretary shall immediately publish notice of such in the Federal Register. The Bands shall ensure that such rolls are maintained and kept current. SEC. 8. CONSTITUTION AND GOVERNING BODY. (a) Constitution.-- (1) Adoption.--Not later than 24 months after the date of the enactment of this Act, the Secretary shall conduct, by secret ballot, elections for the purposes of adopting new constitutions for the Bands. The elections shall be held according to the procedures applicable to elections under section 16 of the Act of June 18, 1934 (25 U.S.C. 476; commonly referred to as the ``Indian Reorganization Act''). (2) Interim governing documents.--Until such time as new constitutions are adopted under paragraph (1), the governing documents in effect on the date of the enactment of this Act shall be the interim governing documents for the Bands. (b) Officials.-- (1) Election.--Not later than 6 months after the Bands adopt constitutions and bylaws pursuant to subsection (a), the Bands shall conduct elections by secret ballot for the purpose of electing officials for the Bands as provided in the Bands' respective governing constitutions. The elections shall be conducted according to the procedures described in the Bands' constitutions and bylaws. (2) Interim governments.--Until such time as the Bands elect new officials pursuant to paragraph (1), the Bands' governing bodies shall be those governing bodies in place on the date of the enactment of this Act, or any new governing bodies selected under the election procedures specified in the respective interim governing documents of the Bands.

Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians Act - Reaffirms and extends Federal recognition and associated benefits to the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians (Tribes) of Michigan. Provides for the Tribes to be governed by current interim documents and officials until the Secretary of the Interior conducts elections to adopt a constitution and elect new tribal officials. Provides for the transfer of specified land for the benefit of the Bands.

Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Catastrophic Disaster Risk and Insurance Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) Hurricanes Katrina, Rita, and Wilma, which struck the United States in 2005, caused over $200 billion in total economic losses, including insured and uninsured losses. (2) Although private sector insurance is currently available to spread some catastrophe-related losses throughout the Nation and internationally, most experts believe there will be significant insurance and reinsurance shortages, resulting in dramatic rate increases for consumers and businesses, and the unavailability of catastrophe insurance. (3) The Federal Government has provided and will continue to provide billions of dollars and resources to pay for losses from catastrophes, including hurricanes, volcanic eruptions, tsunamis, tornados, and other disasters, at huge costs to American taxpayers. (4) The Federal Government has a critical interest in ensuring appropriate and fiscally responsible risk management of catastrophes. Mortgages require reliable property insurance, and the unavailability of reliable property insurance would make most real estate transactions impossible. In addition, the public health, safety, and welfare demand that structures damaged or destroyed in a catastrophe be reconstructed as soon as possible. Therefore, the inability of the private sector insurance and reinsurance markets to maintain sufficient capacity to enable Americans to obtain property insurance coverage in the private sector endangers the national economy and the public health, safety, and welfare. (5) Multiple proposals have been introduced in the United States Congress over the past decade to address catastrophic risk insurance, including the creation of a national catastrophic reinsurance fund and the revision of the Federal tax code to allow insurers to use tax-deferred catastrophe funds, yet Congress has failed to act on any of these proposals. (6) To the extent the United States faces high risks from catastrophe exposure, essential technical information on financial structures and innovations in the catastrophe insurance market is needed. (7) The most efficient and effective approach to assessing the catastrophe insurance problem in the public policy context is to establish a bipartisan commission of experts to study the management of catastrophic disaster risk, and to require such commission to timely report its recommendations to Congress so that Congress can quickly craft a solution to protect the American people. SEC. 3. ESTABLISHMENT. There is established a bipartisan Commission on Catastrophic Disaster Risk and Insurance (in this Act referred to as the ``Commission''). SEC. 4. MEMBERSHIP. (a) Members.--The Commission shall be composed of the following: (1) The Director of the Federal Emergency Management Agency or a designee of the Director. (2) The Administrator of the National Oceanic and Atmospheric Administration or a designee of the Administrator. (3) 12 additional members or their designees of whom one shall be-- (A) a representative of a consumer group; (B) a representative of a primary insurance company; (C) a representative of a reinsurance company; (D) an independent insurance agent with experience in writing property and casualty insurance policies; (E) a State insurance regulator; (F) a State emergency operations official; (G) a scientist; (H) a faculty member of an accredited university with experience in risk management; (I) a member of nationally recognized think tank with experience in risk management; (J) a homebuilder with experience in structural engineering; (K) a mortgage lender; and (L) a nationally recognized expert in antitrust law. (b) Manner of Appointment.-- (1) In general.--Any member of the Commission described under subsection (a)(3) shall be appointed only upon unanimous agreement of-- (A) the majority leader of the Senate; (B) the minority leader of the Senate; (C) the Speaker of the House of Representatives; and (D) the minority leader of the House of Representatives. (2) Consultation.--In making any appointment under paragraph (1), each individual described in paragraph (1) shall consult with the President. (c) Eligibility Limitation.--Except as provided in subsection (a), no member or officer of the Congress, or other member or officer of the Executive Branch of the United States Government or any State government may be appointed to be a member of the Commission. (d) Period of Appointment.-- (1) In general.--Each member of the Commission shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy on the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment was made. (e) Quorum.-- (1) Majority.--A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (2) Approval actions.--All recommendations and reports of the Commission required by this Act shall be approved only by a majority vote of a quorum of the Commission. (f) Chairperson.--The majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives shall jointly select 1 member appointed pursuant to subsection (a) to serve as the Chairperson of the Commission. (g) Meetings.--The Council shall meet at the call of its Chairperson or a majority of its members at any time. SEC. 5. DUTIES OF THE COMMISSION. The Commission shall-- (1) assess-- (A) the condition of the property and casualty insurance and reinsurance markets in the aftermath of Hurricanes Katrina, Rita, and Wilma in 2005, and the 4 major hurricanes that struck the United States in 2004; and (B) the ongoing exposure of the United States to earthquakes, volcanic eruptions, tsunamis, and floods; and (2) recommend and report, as required under section 6, any necessary legislative and regulatory changes that will-- (A) improve the domestic and international financial health and competitiveness of such markets; and (B) assure consumers of the-- (i) availability of adequate insurance coverage when an insured event occurs; and (ii) best possible range of insurance products at competitive prices. SEC. 6. REPORT. (a) In General.--Not later than 90 days after the appointment of Commission members under section 4, the Commission shall submit to the President and the Congress a final report containing a detailed statement of its findings, together with any recommendations for legislation or administrative action that the Commission considers appropriate, in accordance with the requirements of section 5. (b) Considerations.--In developing any recommendations under subsection (a), the Commission shall consider-- (1) the catastrophic insurance and reinsurance market structures and the relevant commercial practices in such insurance industries in providing insurance protection to different sectors of the American population; (2) the constraints and opportunities in implementing a catastrophic insurance system that can resolve key obstacles currently impeding broader implementation of catastrophe risk management and financing with insurance; (3) methods to improve risk underwriting practices, including-- (A) analysis of modalities of risk transfer for potential financial losses; (B) assessment of private securitization of insurances risks; (C) private-public partnerships to increase insurance capacity in constrained markets; and (D) the financial feasibility and sustainability of a national catastrophe pool or regional catastrophe pools designed to provide adequate insurance coverage and increased underwriting capacity to insurers and reinsurers; (4) approaches for implementing a public insurance scheme for low-income communities, in order to promote risk reduction and explicit insurance coverage in such communities; (5) methods to strengthen insurance regulatory requirements and supervision of such requirements, including solvency for catastrophic risk reserves; (6) methods to promote public insurance policies linked to programs for loss reduction in the uninsured sectors of the American population; (7) methods to strengthen the risk assessment and enforcement of structural mitigation and vulnerability reduction measures, such as zoning and building code compliance; (8) the appropriate role for the Federal Government in stabilizing the property and casualty insurance and reinsurance markets, with an analysis-- (A) of options such as-- (i) a reinsurance mechanism; (ii) the modernization of Federal taxation policies; and (iii) an ``insurance of last resort'' mechanism; and (B) how to fund such options; and (9) the merits of the 3 principle legislative proposals currently pending in the 109th Congress, namely: (A) The creation of a Federal catastrophe fund to act as a backup to State catastrophe funds; (B) Tax-deferred catastrophe accounts for insurers; and (C) Tax-free catastrophe accounts for policyholders. SEC. 7. POWERS OF THE COMMISSION. (a) Hearings.--The Commission or, at the direction of the Commission, any subcommittee or member of the Commission, may, for the purpose of carrying out this Act-- (1) hold such public hearings in such cities and countries, sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths or affirmations as the Commission or such subcommittee or member considers advisable; and (2) require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, documents, tapes, and materials as the Commission or such subcommittee or member considers advisable. (b) Issuance and Enforcement of Subpoenas.-- (1) Issuance.--Subpoenas issued under subsection (a) shall bear the signature of the Chairperson of the Commission and shall be served by any person or class of persons designated by the Chairperson for that purpose. (2) Enforcement.--In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (3) Confidentiality.-- (A) In general.--Information obtained under a subpoena issued under subsection (a) which is deemed confidential, or with reference to which a request for confidential treatment is made by the person furnishing such information-- (i) shall be exempt from disclosure under section 552 of title 5, United States Code; and (ii) shall not be published or disclosed unless the Commission determines that the withholding of such information is contrary to the interest of the United States. (B) Exception.--The requirements of subparagraph (A) shall not apply to the publication or disclosure of any data aggregated in a manner that ensures protection of the identity of the person furnishing such data. (c) Authority of Members or Agents of the Commission.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this Act. (d) Obtaining Official Data.-- (1) Authority.--Notwithstanding any provision of section 552a of title 5, United States Code, the Commission may secure directly from any department or agency of the United States any information necessary to enable the Commission to carry out the purposes of this Act. (2) Procedure.--Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish the information requested to the Commission. (e) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (f) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, any administrative support services necessary for the Commission to carry out its responsibilities under this Act. (g) Gifts.-- (1) In general.--The Commission may accept, use, and dispose of gifts or donations of services or property. (2) Regulations.--The Commission shall adopt internal regulations governing the receipt of gifts or donations of services or property similar to those described in part 2601 of title 5, Code of Federal Regulations. SEC. 8. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for GS-18 of the General Schedule under section 5332 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Subcommittees.--The Commission may establish subcommittees and appoint persons to such subcommittees as the Commission considers appropriate. (d) Staff.--Subject to such policies as the Commission may prescribe, the Chairperson of the Commission may appoint and fix the pay of such additional personnel as the Chairperson considers appropriate to carry out the duties of the Commission. (e) Applicability of Certain Civil Service Laws.--Subcommittee members and staff of the Commission may be-- (1) appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service; and (2) 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, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay prescribed for GS-18 of the General Schedule under section 5332 of that title. (f) Experts and Consultants.--In carrying out its objectives, the Commission may procure temporary and intermittent services of consultants and experts under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for GS-18 of the General Schedule under section 5332 of that title. (g) Detail of Government Employees.--Upon request of the Chairperson of the Commission, any Federal Government employee may be detailed to the Commission to assist in carrying out the duties of the Commission-- (1) on a reimbursable basis; and (2) such detail shall be without interruption or loss of civil service status or privilege. SEC. 9. TERMINATION. The Commission shall terminate 60 days after the date on which the Commission submits its report under section 6. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $5,000,000 to carry out the purposes of this Act.

Commission on Catastrophic Disaster Risk and Insurance Act of 2006 - Establishes a bipartisan Commission on Catastrophic Disaster Risk and Insurance to assess: (1) the condition of the property and casualty insurance and reinsurance markets in the aftermath of Hurricanes Katrina, Rita, and Wilma in 2005, and the four major hurricanes that struck the United States in 2004; (2) the ongoing exposure of the United States to earthquakes, volcanic eruptions, tsunamis, and floods; and (3) recommend and report legislative and regulatory changes that will improve the domestic and international financial health and competitiveness of such markets.

A bill to establish a bipartisan commission on insurance reform.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Low Volume Motor Vehicle Manufacturers Act of 2015''. SEC. 2. EXEMPTION FROM VEHICLE SAFETY STANDARDS FOR LOW VOLUME MANUFACTURERS. Section 30114 of title 49, United States Code, is amended-- (1) by striking ``The'' and inserting ``(a) Vehicles Used for Particular Purposes.--The''; and (2) by adding at the end the following new subsection: ``(b) Exemption for Low Volume Manufacturers.-- ``(1) In general.--The Secretary shall-- ``(A) exempt from section 30112(a) of this title not more than 500 replica motor vehicles per year that are manufactured or imported by a low volume manufacturer; and ``(B) except as provided in paragraph (5) of this subsection, limit any such exemption to the Federal Motor Vehicle Safety Standards applicable to motor vehicles and not motor vehicle equipment. ``(2) Registration requirement.--To qualify for an exemption under paragraph (1), a low volume manufacturer shall register with the Secretary at such time, in such manner, and under such terms that the Secretary determines appropriate. The Secretary shall establish terms that ensure that no person may register as a low volume manufacturer if the person is registered as an importer under section 30141 of this title. ``(3) Permanent label requirement.-- ``(A) In general.--The Secretary shall require a low volume manufacturer to affix a permanent label to a motor vehicle exempted under paragraph (1) that identifies the specified standards and regulations for which such vehicle is exempt from section 30112(a) and designates the model year such vehicle replicates. ``(B) Written notice.--The Secretary may require a low volume manufacturer of a motor vehicle exempted under paragraph (1) to deliver written notice of the exemption to-- ``(i) the dealer; and ``(ii) the first purchaser of the motor vehicle, if the first purchaser is not an individual that purchases the motor vehicle for resale. ``(C) Reporting requirement.--A low volume manufacturer shall annually submit a report to the Secretary including the number and description of the motor vehicles exempted under paragraph (1) and a list of the exemptions described on the label affixed under subparagraph (A). ``(4) Definitions.--In this subsection: ``(A) Low volume manufacturer.--The term `low volume manufacturer' means a motor vehicle manufacturer, other than a person who is registered as an importer under section 30141 of this title, whose annual worldwide production is not more than 5,000 motor vehicles. ``(B) Replica motor vehicle.--The term `replica motor vehicle' means a motor vehicle produced by a low volume manufacturer and that-- ``(i) is intended to resemble the body of another motor vehicle that was manufactured not less than 25 years before the manufacture of the replica motor vehicle; and ``(ii) is manufactured under a license for the product configuration, trade dress, trademark or patent for the motor vehicle that is intended to be replicated from the original manufacturer, its successors or assignees, or current owner of such rights, unless there is a preponderance of evidence that such rights have been abandoned for at least three years. ``(5) Conforming amendment.--Any motor vehicle exempted under this subsection shall also be exempted from sections 32304, 32502, and 32902 of this title, and from section 1232 of title 15 of the United States Code. ``(6) Limitation and public notice.--The Secretary shall have 60 days to review and approve a registration submitted under paragraph (2). Any registration not approved or denied within 60 days shall be deemed approved. The Secretary shall have the authority to revoke an existing registration based on a failure to comply with requirements set forth in this subsection. The registrant shall be provided a reasonable opportunity to correct all deficiencies, if such are correctable based on the sole discretion of the Secretary. An exemption granted by the Secretary to a low volume manufacturer under this subsection may not be transferred to any other person, and any unused allotment of vehicles authorized to be manufactured or imported on an annual basis by a low volume manufacturer shall not carry forward to another calendar year. The Secretary shall maintain and update the list of current registrants on an annual basis and publish such list in the Federal Register or on a Web page operated by the Secretary. ``(7) Limitation of liability for original manufacturers, licensors, or owners of product configuration, trade dress or design patents.--The original manufacturer, its successor or assignee, or current owner who grants a license or otherwise transfers rights to a low volume manufacturer as defined in this section shall incur no liability to any person or entity under Federal or State statute, regulation, local ordinance, or under any Federal or State common law for such license or assignment to a low volume manufacturer.''. SEC. 3. VEHICLE EMISSION COMPLIANCE STANDARDS FOR LOW VOLUME MOTOR VEHICLE MANUFACTURERS. Part A of title II of the Clean Air Act (42 U.S.C. 7521 et seq.) is amended-- (1) in section 206(a) by adding at the end the following new paragraph: ``(5)(A) A motor vehicle engine (including all engine emission controls) from a motor vehicle that has been granted a certificate of conformity by the Administrator for the model year in which the motor vehicle is assembled, or an engine that has been granted an Executive order for the model year in which the motor vehicle is assembled subject to regulations promulgated by the California Air Resources Board, may be installed in an exempted specially produced motor vehicle, if-- ``(i) the manufacturer of the engine supplies written instructions explaining how to install the engine and maintain functionality of the engine's emission control system and the on-board diagnostic system (commonly known as `OBD II'), except with respect to evaporative emissions diagnostics; ``(ii) the producer of the exempted specially produced motor vehicle installs the engine in accordance with such instructions; and ``(iii) the installation instructions include emission control warranty information from the engine manufacturer in compliance with section 207, including where warranty repairs can be made, emission control labels to be affixed to the vehicle, and the certificate of conformity number for the applicable vehicle in which the engine was originally intended or the applicable Executive order number for the engine. ``(B) A motor vehicle containing an engine compliant with the requirements of subparagraph (A) shall be treated as meeting the requirements of section 202 applicable to new vehicles manufactured or imported in the model year in which the exempted specially produced motor vehicle is assembled. ``(C) Engine installations that are not performed in accordance with installation instructions provided by the manufacturer and alterations to the engine not in accordance with the installation instructions shall be treated as prohibited acts by the installer under section 203 and subject to penalties under section 205. ``(D) The producer of an exempted specially produced motor vehicle that has an engine compliant with the requirements of subparagraph (A) shall provide to the purchaser of such vehicle all information received by the producer from the engine manufacturer, including information regarding emissions warranties from the engine manufacturer and all emissions- related recalls by the engine manufacturer. ``(E) To qualify to install an engine under this paragraph, a producer of exempted specially produced motor vehicles shall register with the Administrator at such time and in such manner as the Administrator determines appropriate. The producer shall submit an annual report to the Administrator that includes-- ``(i) a description of the exempted specially produced motor vehicles produced and engines installed in such vehicles; and ``(ii) the certificate of conformity number issued to the motor vehicle in which the engine was originally intended or the applicable Executive order number for the engine. ``(F) Exempted specially produced motor vehicles compliant with this paragraph shall be exempted from-- ``(i) motor vehicle certification testing that might otherwise be required under section 206; and ``(ii) vehicle emission control inspection and maintenance programs required under section 110. ``(G) A producer of exempted specially produced motor vehicles that is compliant with subparagraphs (A) through (E) of this paragraph is not considered a manufacturer for the purposes of this Act.''; and (2) in section 216 by adding at the end the following new paragraph: ``(12) Exempted specially produced motor vehicle.--The term `exempted specially produced motor vehicle' means a replica motor vehicle that is exempt from specified standards as defined in section 30114(b) of title 49, United States Code.''. SEC. 4. IMPLEMENTATION. Not later than 12 months after the date of the enactment of this Act, the Secretary of Transportation and the Administrator of the Environmental Protection Agency shall issue such regulations as may be necessary to implement sections 2 and 3 of this Act, respectively.

Low Volume Motor Vehicle Manufacturers Act of 2015 This bill directs the Department of Transportation (DOT) to exempt from certain federal motor vehicle safety and labeling standards up to 500 replica motor vehicles per year manufactured or imported by a low volume manufacturer. The term "low volume manufacturer" means a motor vehicle manufacturer (other than a person registered as an importer meeting certain requirements) that annually produces no more than 5,000 motor vehicles worldwide. Manufacturers shall register with DOT to qualify for an exemption. DOT shall require a manufacturer to affix a permanent label to an exempt replica motor vehicle that identifies the motor vehicle safety and labeling standards from which that vehicle is exempt and the model year the vehicle replicates. The Clean Air Act is amended to allow a low volume motor vehicle manufacturer to install in an exempted specifically produced replica motor vehicle a motor vehicle engine (including engine emission controls) from a motor vehicle granted a certificate of conformity with Environmental Protection Agency emission control standards, or another kind of engine granted an executive order for the model year in which the motor vehicle is assembled, if certain requirements are met.

Low Volume Motor Vehicle Manufacturers Act of 2015

SECTION 1. FORMULA AND TERMS FOR ALLOCATIONS TO PREVENT HOMELESSNESS FOR INDIVIDUALS LIVING WITH HIV OR AIDS. (a) In General.--Subsection (c) of section 854 of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) is amended by-- (1) redesignating paragraph (3) as paragraph (5); and (2) striking paragraphs (1) and (2) and inserting the following: ``(1) Allocation of resources.-- ``(A) Allocation formula.--The Secretary shall allocate 90 percent of the amount approved in appropriations Acts under section 863 among States and metropolitan statistical areas as follows: ``(i) 75 percent of such amounts among-- ``(I) cities that are the most populous unit of general local government in a metropolitan statistical area with a population greater than 500,000, as determined on the basis of the most recent census, and with more than 2,000 individuals living with HIV or AIDS, using the data specified in subparagraph (B); and ``(II) States with more than 2,000 individuals living with HIV or AIDS outside of metropolitan statistical areas. ``(ii) 25 percent of such amounts among States and metropolitan statistical areas based on the method described in subparagraph (C). ``(B) Source of data.--For purposes of allocating amounts under this paragraph for any fiscal year, the number of individuals living with HIV or AIDS shall be the number of such individuals as confirmed by the Director of the Centers for Disease Control and Prevention, as of December 31 of the most recent calendar year for which such data is available. ``(C) Allocation under subparagraph (A)(ii).--For purposes of allocating amounts under subparagraph (A)(ii), the Secretary shall develop a method that accounts for-- ``(i) differences in housing costs among States and metropolitan statistical areas based on the fair market rental established pursuant to section 8(c) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)) or another methodology established through a notice published by the Secretary in the Federal Register; and ``(ii) differences in poverty rates among States and metropolitan statistical areas based on area poverty indexes or another methodology established through a notice published by the Secretary in the Federal Register. ``(2) Maintaining grants.-- ``(A) Continued eligibility of fiscal year 2016 grantees.--A grantee that received an allocation in fiscal year 2016 shall continue to be eligible for allocations under paragraph (1) in subsequent fiscal years, subject to-- ``(i) the amounts available from appropriations Acts under section 863; ``(ii) approval under section 105 by the Secretary of the most recent comprehensive housing affordability strategy for the grantee; and ``(iii) the requirements of subparagraph (C). ``(B) Adjustments.--Allocations to grantees described in subparagraph (A) shall be adjusted annually based on sections 203 (except subsection (d)) and 209 of division C of the Consolidated and Further Continuing Appropriations Act, 2012 (Public Law 112-55; 125 Stat. 693) except that, in lieu of the number of cases of AIDS, such sections shall be adjusted, through a notice published by the Secretary in the Federal Register, to reflect the number of individuals living with HIV or AIDS, and the allocation factors under paragraph (1)(C) of this subsection. ``(C) Redetermination of continued eligibility.-- The Secretary shall redetermine the continued eligibility of a grantee that received an allocation in fiscal year 2016 at least once during the 10-year period following fiscal year 2016. ``(D) Adjustment to grants.--For each of fiscal years 2017, 2018, 2019, 2020, and 2021, the Secretary shall ensure that a grantee that received an allocation in the prior fiscal year does not receive an allocation that is 5 percent less than or 10 percent greater than the share of total available formula funds allocated to such grantee in the preceding fiscal year. ``(3) Alternative grantees.-- ``(A) Requirements.--The Secretary may award funds reserved for a grantee eligible under paragraph (1) to an alternative grantee if-- ``(i) the grantee submits to the Secretary a written agreement between the grantee and the alternative grantee that describes how the alternative grantee will take actions consistent with the applicable comprehensive housing affordability strategy for the grantee approved under section 105 of this Act; ``(ii) the Secretary approves the written agreement described in clause (i) and agrees to award funds to the alternative grantee; and ``(iii) the written agreement does not exceed a term of 10 years. ``(B) Renewal.--An agreement approved pursuant to subparagraph (A) may be renewed by the parties with the approval of the Secretary. ``(C) Definition.--In this paragraph, the term `alternative grantee' means a public housing agency (as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))), a unified funding agency (as defined in section 401 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360)), a State, a unit of general local government, or an instrumentality of State or local government. ``(4) Reallocations.--If a State or the city that is the most populous unit of general local government in a metropolitan statistical area declines an allocation under paragraph (1)(A), or the Secretary determines, in accordance with criteria specified in regulation, that a State or the city that is the most populous unit of general local government in a metropolitan statistical area that is eligible for an allocation under paragraph (1)(A) is unable to properly administer such allocation, the Secretary shall reallocate any funds reserved for such State or metropolitan statistical area as follows: ``(A) For funds reserved for a State-- ``(i) to eligible metropolitan statistical areas within the State on a pro rata basis; or ``(ii) if there is no eligible metropolitan statistical area within a State, to metropolitan cities and urban counties within the State that are eligible for a grant under section 106 of the Housing and Community Development Act of 1974 (42 U.S.C. 5306), on a pro rata basis. ``(B) For funds reserved for a metropolitan statistical area, to the State in which the metropolitan statistical area is located. ``(C) If the Secretary is unable to make a reallocation under subparagraph (A) or (B), the Secretary shall make such funds available on a pro rata basis under the formula in paragraph (1)(A).''. (b) Amendment to Definitions.--Section 853 of the AIDS Housing Opportunity Act (42 U.S.C. 12902) is amended-- (1) in paragraph (1), by inserting ``or `AIDS''' before ``means''; and (2) by inserting at the end the following new paragraphs: ``(15) The term `HIV' means infection with the human immunodeficiency virus. ``(16) The term `individuals living with HIV or AIDS' means, with respect to the counting of cases in a geographic area during a period of time, the sum of-- ``(A) the number of living non-AIDS cases of HIV in the area; and ``(B) the number of living cases of AIDS in the area.''.

This bill amends the AIDS Housing Opportunity Act to revise the formula and requirements for distributing funds under the Housing Opportunities for Persons With Aids (HOPWA) Program. A grantee that received an allocation in FY2016 shall continue to be eligible for such allocations in subsequent fiscal years, subject to approval by the Department of Housing and Urban Development (HUD) and the amounts available from appropriations Acts. HUD shall: redetermine a grantee's eligibility at least once every 10 years, and ensure that a grantee that received an allocation in the prior fiscal year does not receive an allocation 5% less than or 10% greater than the share of total available formula funds allocated to that grantee in the preceding fiscal year. HUD may also award such funds to an alternative grantee if the original grantee agrees in a written document meeting HUD approval. References to "cases of AIDS" and "AIDS cases" shall be replaced by "individuals living with HIV or AIDS," which means, with respect to the counting of cases in a geographic area during a period of time, the sum of: the number of living non-AIDS cases of HIV in the area, and the number of living cases of AIDS in the area.

A bill to provide housing opportunities for individuals living with HIV or AIDS.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Communities Investment Act of 1999''. SEC. 2. COMMUNITY DEVELOPMENT LOAN GUARANTEES. (a) Maximum Amount of Outstanding Guarantees for a Single Issuer.-- Section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308) is amended by striking subsection (b) and inserting the following new subsection: ``(b) Maximum Amount of Outstanding Guarantees.--The maximum aggregate outstanding amount of notes and obligations of a single issuer guaranteed under this section shall be an amount determined by the Secretary based on the amount of the grant approval for the issuer under section 106 or 107, the fiscal condition of the issuer, and the potential return on investment of the projects to be undertaken with the proceeds of such notes and obligations, but may not in any case exceed the discounted present value of the grants that the issuer would receive over a period not to exceed 20 years if the issuer's annual grant amount over such period were equal to 80 percent of the current grant approval for the issuer.''. (b) Stakeholder Participation.--Section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308) is amended by adding at the end the following new subsection: ``(s) Stakeholder Participation.-- ``(1) Requirement.--The Secretary shall provide that an issuer of notes or obligations under this section shall, in complying with any community participation requirements (including the requirements under section 104(a)) applicable to the development of activities to be funded with the proceeds of such notes or obligations guaranteed under this section, include participation of major stakeholders in the community in which such activities will be carried out. ``(2) Definition.--For purposes of this subsection, the term `stakeholder' means a public or private organizational entity whose future well-being depends upon the applicant's continued social and economic viability, and includes the representatives of the following community interests: ``(A) Business. ``(B) Banking. ``(C) Education. ``(D) Public health and safety. ``(E) Labor. ``(F) Community-based development organizations. ``(G) Arts, cultural, religious, philanthropic, professional, and civic organizations.''. SEC. 3. COLLATERAL FOR FHLB ADVANCES. Section 10(a)(4) of the Federal Home Loan Bank Act (12 U.S.C. 1430(a)(4)) is amended by striking the second sentence. SEC. 4. AUTHORITY TO MAKE ADVANCES TO NONMEMBER MORTGAGEES. Section 10b of the Federal Home Loan Bank Act (12 U.S.C. 1430b) is amended to read as follows: ``SEC. 10B. ADVANCES TO NONMEMBER MORTGAGEES. ``(a) Authority.--Each Federal home loan bank may make advances to a nonmember mortgagee, except that such advances may be used only for community lending (as such term is defined in section 10(k)). ``(b) Nonmember Mortgagee Defined.--For purposes of subsection (a), the term `nonmember mortgagee' means any entity-- ``(1) that is-- ``(A) a State or local housing finance agency or Indian housing authority (including any subsidiary of such agency or authority) approved under title II of the National Housing Act, which-- ``(i) is a chartered institution having succession; and ``(ii) is subject to the inspection and supervision of a governmental agency; ``(B) a community development financial institution that-- ``(i) is not an insured depository institution or a subsidiary of an insured depository institution; and ``(ii) at the time an advance under this section is made, is certified as a community development financial institution under the Community Development Banking and Financial Institutions Act of 1994; and ``(iii) is a chartered institution having succession; or ``(C) a State or local economic development agency that-- ``(i) is chartered under State law; and ``(ii) is an institution having succession; and ``(2) whose principal activity in the mortgage field consists of lending the institution's own funds. ``(c) Security.--Advances under subsection (a) shall be secured in accordance with the requirements of section 10. ``(d) Terms and Conditions.--Advances made under this section shall be made at the same rates of interest and upon the same terms and conditions as are comparable extensions of credit to member institutions.''. SEC. 5. COMMUNITY LENDING FUND. Section 10 of the Federal Home Loan Bank Act (12 U.S.C. 1430) is amended by adding at the end the following new subsection: ``(k) Community Lending Fund.-- ``(1) In general.--Subject to regulations prescribed by the Board to carry out this subsection, each Federal home loan bank shall establish a Community Lending Fund, which the bank shall use to facilitate community lending by its members and nonmember mortgagees. ``(2) Use of assets of community lending funds.--A bank may use amounts in its Community Lending Fund only to provide grants, subsidies, and subsidized advances to its members and nonmember mortgagees for use for community lending activities. ``(3) Low- and moderate-income targeting.--Not less than 70 percent of the aggregate amount of assistance provided by a bank from a Community Lending Fund shall be used for the support of community lending activities that benefit low- and moderate-income persons. ``(4) Local priorities.--Each bank-- ``(A) shall give priority for assistance from the Community Lending Fund of the bank for projects located in empowerment zones and enterprise communities designated under part I of subchapter U of chapter 1 of the Internal Revenue Code of 1986 (26 U.S.C. 1391 et seq.); and ``(B) may establish such other priorities for the types of projects to receive assistance from the Community Lending Fund of the bank as the bank considers appropriate, and to which the Board shall defer, if such priorities are consistent with the safety and soundness of the bank and the provisions of this subsection. . ``(5) Coordination of activities.--The Board shall require the banks, to the extent practicable, to coordinate their activities pursuant to this subsection with any other State or Federal programs intended to facilitate community lending. ``(6) Report.--Each member and nonmember mortgagee receiving advances or assistance from a Community Lending Fund established by a bank shall report annually to the bank regarding the use of such advances or assistance. ``(7) Contribution to fund.--Each bank shall annually contribute 10 percent of the net earnings of that bank (after deducting expenses related to section 10(j) and operating expenses) to its Community Lending Fund. Each bank may contribute additional moneys to the Fund, and may accept for deposit into the Fund moneys from other parties. ``(8) Suspension of contributions.-- ``(A) In general.-- If a bank finds that the payments required under paragraph (7) are contributing to the financial instability of such bank, it may apply to the Board for a temporary suspension of such payments. The Board shall make a determination of whether the bank is financially unstable and whether such payments are contributing to such instability, and [may/shall] suspend such bank's payments to its Community Lending Fund if finds in the affirmative with respect to both such questions. ``(B) Factors to be considered.--In determining the financial stability of a bank for purposes of this paragraph, the Board shall consider such factors as-- ``(i) whether the bank's earnings are severely depressed; ``(ii) whether there has been a substantial decline in membership capital; and ``(iii) whether there has been a substantial reduction in advances outstanding. ``(C) Review of applications.--The Board shall review any application under this paragraph and any supporting financial data and issue a written decision approving or disapproving such application. The Board's decision shall be accompanied by specific findings and reasons for its action. ``(D) Designation of suspension period.--If the Board grants a suspension, it shall specify the period of time that such suspension shall remain in effect and shall continue to monitor the bank's financial condition during such suspension. ``(E) Suspensions prohibited under certain circumstances.--The Board shall not suspend payment to the Community Lending Fund of a bank if the bank's reduction in earnings is a result of-- ``(i) a change in the terms for advances to members which is not justified by market conditions; ``(ii) inordinate operating and administrative expenses; or ``(iii) mismanagement. ``(9) Regulations.-- ``(A) In general.--Not later than 1 year after the date of the enactment of this Act, the Board shall prescribe regulations to implement this subsection. ``(B) Limitations, restrictions, and other requirements.--Subject to the requirements of this subsection, such regulations-- ``(i) may specify activities, restrictions, and limitations for the use by the banks of amounts from Community Lending Funds; ``(ii) may specify priorities for the use of such advances; ``(iii) shall ensure that assistance provided from a Community Lending Fund will be used only for community lending to assist projects for which adequate long-term monitoring is available to guarantee requirements established pursuant to this subsection are satisfied; ``(iv) shall ensure that any subsidies provided under this subsection by Banks to member institutions and nonmember mortgagees are passed on to the ultimate borrower; ``(v) shall specify standards for determining benefit for low- and moderate- income persons, for purposes of paragraph (3); and ``(vi) shall establish uniform standards for assistance from Community Lending Funds and community lending by member institutions and nonmember mortgagees supported by such assistance. ``(10) Advisory council.--Each bank shall appoint an Advisory Council of 7 to 15 persons drawn from stakeholders (as such term is defined in section 108(s) of the Housing and Community Development Act of 1974 (42 U.S.C. 5308(s)) in its district. The Advisory Council shall meet with representatives of the board of directors of the Bank quarterly to advise the Bank on community lending needs in the district and on the utilization of the Community Lending Fund of the bank for meeting such needs. Each Advisory Council established under this paragraph shall submit to the Board at least annually its analysis of the community lending activities carried out with amounts from the Community Lending Fund of the bank by which the Committee is appointed. ``(11) Reports to congress.-- ``(A) The Board shall monitor and annually submit a report to the Congress and the Advisory Council for each bank the support of community lending by the banks and the utilization of amounts from Community Lending Funds. ``(B) The analyses submitted by the Advisory Councils to the Board under paragraph (10) shall be included as part of the reports required by this paragraph. ``(C) The Comptroller General of the United States shall audit and evaluate the program under this subsection after such program has been operating for 2 years. The Comptroller General shall submit a report to the Congress on the conclusions of the audit and recommend improvements or modifications to the program. ``(12) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Community lending.--The term `community lending' means providing financing for activities that meet the requirements for eligibility, under section 105 of the Housing and Community Development Act of 1974 (42 U.S.C. 5305), for assistance with amounts for grants under title I of such Act. ``(B) Low- and moderate-income persons.--The term `low- and moderate-income persons has the meaning given such term in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302). ``(C) Nonmember mortgage.--The term `nonmember mortgagee' has the meaning given such term in section 10B(b) of this Act.''. (b) Funding for Community Lending Funds.--Section 21B(f)(2)(C) of the Federal Home Loan Bank Act (12 U.S.C. 1441b(f)(2)(C)) is amended to read as follows: ``(C) Payments by federal home loan banks.-- ``(i) Refcorp funding.--To the extent that the amounts available pursuant to subparagraphs (A) and (B) are insufficient to cover the amount of interest payments, each Federal home loan bank shall pay to the Funding Corporation in each calendar year, 10 percent of the net earnings of that bank (after deducting expenses relating to section 10(j) and operating expenses). ``(ii) Annuity value.--The Board shall annually determine the extent to which the value of the aggregate amounts paid by the banks exceeds or falls short of the value of an annuity of $300,000,000 per year that commences on the issuance date and ends on the final scheduled maturity date of the obligations, and shall select appropriate present value factors for making such determinations. ``(iii) Adjustment of period of banks' obligations.--The Board shall extend or shorten the term of the banks' payment obligations under this subparagraph, as necessary to ensure that the value of all payments made by the banks under this paragraph is equivalent to the value of such an annuity. ``(iv) Extension of period beyond maturity dates of underlying obligations.--If the Board extends the term of payments beyond the final scheduled maturity date for the obligations, each bank shall continue to pay 10 percent of its net earnings (after deducting expenses relating to section 10(j) and operating expenses) to the general fund of the Treasury until the value of all such payments by the banks is equivalent to the value of such an annuity. ``(v) Final year adjustment.--In the final year in which the banks are required to make any payment to the general fund of the Treasury under clause (iv), if the dollar amount represented by 10 percent of the net earnings of the banks exceeds the remaining obligation of the banks to the Treasury, the Finance Board shall reduce the percentage pro rata to a level sufficient to pay the remaining obligation.''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall become effective on January 1, 2000.

Amends the Federal Home Loan Bank Act to set forth parameters within which: (1) Federal home loan banks may make advances to a nonmember mortgagee for community lending purposes; and (2) each Federal home loan bank shall establish a Community Lending Fund to facilitate community lending by its members and nonmember mortgagees.

American Communities Investment Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm Relief Act of 2008''. SEC. 2. 2008 CROP DISASTER ASSISTANCE. Section 9001 of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 110-28; 121 Stat. 211) is amended-- (1) in subsection (a)-- (A) by striking ``There are hereby'' and inserting the following: ``(1) In general.--There are hereby''; and (B) by adding at the end the following: ``(2) 2008 crop disaster assistance.-- ``(A) In general.--There are hereby appropriated to the Secretary such sums as are necessary, to remain available until expended, to make emergency financial assistance under this section available to producers on a farm that incurred qualifying quantity or quality losses for the 2008 crop due a natural disaster or any related condition, as determined by the Secretary. ``(B) Sugar and sugarcane disaster assistance.-- ``(i) Florida.--There are hereby appropriated to the Secretary such sums as are necessary, to remain available until expended, to make payments to processors in Florida that are eligible to obtain a loan under section 156(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)) to compensate first processors and producers for crop and other losses due a natural disaster or any related condition, as determined by the Secretary, in Florida during calendar year 2008, by an agreement on the same terms and conditions, to the maximum extent practicable, as the payments made under section 102 of the Emergency Supplemental Appropriations for Hurricane Disasters Assistance Act of 2005 (Public Law 108-324; 118 Stat. 1235), including that the 2008 base production of each harvesting unit shall be determined using the same base year crop production history that was used pursuant to the agreement under that section. ``(ii) Louisiana.-- ``(I) Compensation for losses.-- There are hereby appropriated to the Secretary such sums as are necessary, to remain available until expended, to make assistance available to first processors of sugarcane that operate in a county affected by a natural disaster, or obtain sugarcane from a county affected by a natural disaster, in Louisiana and that are eligible to obtain a loan under section 156(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)), in the form of monetary payments or commodities in the inventory of the Commodity Credit Corporation derived from carrying out that section, to compensate producers and first processors for crop and other losses due to the natural disaster or any related condition, as determined by the Secretary. ``(II) Administration.--Assistance under this clause shall be-- ``(aa) shared by an affected first processor with affected producers that provide commodities to the processor in a manner that reflects contracts entered into between the processor and the producers, except with respect to a portion of the amount of total assistance provided under subclause (I) necessary to compensate affected producers for individual losses experienced by the producers, including losses due to saltwater intrusion, flooding, wind damage, or increased planting, replanting, or harvesting costs, which shall be transferred by the first processor to the affected producers without regard to contractual share arrangements; and ``(bb) made available under such terms and conditions as the Secretary determines are necessary to carry out this clause. ``(III) Form of assistance.--In carrying out this clause, the Secretary shall-- ``(aa) convey to the first processor commodities in the inventory of the Commodity Credit Corporation derived from carrying out section 156(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)); ``(bb) make monetary payments to the first processor; or ``(cc) take any combination of actions described in items (aa) and (bb), using commodities or monetary payments. ``(IV) Loss determination.--In carrying out this clause, the Secretary shall use the same base year to determine crop loss that was elected by a producer to determine crop loss in carrying out the hurricane assistance program under section 207 of the Agricultural Assistance Act of 2003 (Public Law 108-7; 117 Stat. 543). ``(iii) Texas.--There are hereby appropriated to the Secretary such sums as are necessary, to remain available until expended, to assist sugarcane growers in Texas by making a payment in that amount to a farmer-owned cooperative sugarcane processor in that State, for costs of demurrage, storage, and transportation resulting from natural disaster or any related condition during calendar year 2008. ``(C) Relation to supplemental agricultural disaster assistance program.--A producer on a farm that accepts assistance made available under this paragraph for a crop loss is not eligible to receive supplemental agricultural disaster assistance for that crop loss under subtitle B of the Federal Crop Insurance Act (7 U.S.C. 1531) or title IX of the Trade Act of 1974 (19 U.S.C. 2497 et seq.).''; and (2) in subsection (b), by striking ``this section'' each place it appears and inserting ``subsection (a)(1)''. SEC. 3. AQUACULTURE GRANTS. (a) Definition of Eligible Applicant.--In this section, the term ``eligible applicant'' means a producer of animals described in section 10806(a)(1) of the Farm Security and Rural Investment Act of 2002 (21 U.S.C. 321d(a)(1)) during the 2008 calendar year. (b) Aquaculture Grants.--Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall use $50,000,000 to provide grants to appropriate State departments of agriculture (or other appropriate State agencies) that agree to provide assistance to eligible applicants through animal feed providers that agree to make the assistance available on a pro rata basis to eligible applicants based on documented feed use by the eligible applicants during the 2008 calendar year to help offset feed costs or economic losses caused by natural disasters. (c) Duty of Secretary.--The Secretary shall ensure that-- (1) funds made available under subsection (b) are apportioned in an equitable manner among the States that receive funds under this section; and (2) assistance is made available based only on documented feed use. (d) Regulations.-- (1) In general.--The Secretary of Agriculture may promulgate such regulations as are necessary to implement this section. (2) Procedure.--The promulgation of the regulations and administration of this section shall be made without regard to-- (A) the notice and comment provisions of section 553 of title 5, United States Code; (B) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (C) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (3) Congressional review of agency rulemaking.--In carrying out this subsection, the Secretary shall use the authority provided under section 808 of title 5, United States Code.

Farm Relief Act of 2008 - Amends the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 to appropriate funds for: (1) emergency financial assistance to producers on a farm that incurred qualifying natural disaster-caused quantity or quality losses for the 2008 crop; (2) certain processors in Florida for natural disaster-caused crop and other losses in 2008; (3) certain first processors of sugarcane that operate in a county affected by a natural disaster or obtain sugarcane from a county affected by a natural disaster in Louisiana; and (4) certain sugarcane growers in Texas for natural disaster-caused demurrage, storage, and transportation costs in 2008. Provides specified Commodity Credit Corporation funds for grants to state departments of agriculture for assistance to eligible catfish producers to help offset natural disaster-caused feed costs or economic losses in 2008.

To require the Secretary of Agriculture to provide crop disaster assistance to agricultural producers that suffered qualifying quantity or quality losses for the 2008 crop year due to a natural disaster.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Savings Act of 2012''. SEC. 2. CONSUMER FINANCIAL PRODUCTS PILOT PROGRAM. (a) In General.--The Undersecretary of Defense (Comptroller) shall carry out a 5-year pilot program to develop innovative consumer financial products that encourage savings and wealth-creation among active-duty servicemembers. (b) Objectives.--Financial products developed under this section may seek to-- (1) increase the rate of savings among active-duty servicemembers by providing automatic deposit into a savings account of special pay and allowances received by a servicemember, including special pay and allowances received on account of the servicemember's deployment; (2) reduce the need for high-cost short-term lending services by providing alternatives to servicemembers, such as financial institutions providing an option for servicemembers to receive advances on their salary payments, such that servicemembers receive pay in more frequent installments, and where any interest or fees on such advances shall not exceed the rate described in section 987(b) of title 10, United States Code and shall adhere to the Affordable Small Dollar Lending Guidelines of the Federal Deposit Insurance Corporation; (3) address obstacles to traditional consumer banking and lending for servicemembers with limited credit history; and (4) otherwise encourage savings and wealth-creation among active-duty servicemembers. (c) No Exacerbation of Credit Overextension.--The pilot program carried out under this section shall be carried out in such a way that it does not exacerbate the incidence of credit overextension among servicemembers. (d) Implementation.-- (1) Selection of military installations.--The Undersecretary shall choose at least 10 military installations on which to implement the pilot program. (2) Incorporation into operating agreements.--With respect to a military installation chosen by the Undersecretary under paragraph (1), a financial institution seeking to begin operating on such installation, or seeking to renew an agreement to operate on such installation, shall-- (A) agree to offer the consumer financial products developed under this section; and (B) notify servicemembers that are customers of the institution about the availability of the consumer financial products developed under this section. (e) Consultation.--In developing consumer financial products under this section, the Undersecretary shall consult with Federal banking regulators with expertise in depository institutions, Federal agencies with experience regulating financial products, and consumer and military service organizations with relevant financial expertise. (f) Independent Evaluation.-- (1) In general.--Not later than the end of the 2-year period beginning on the date of the enactment of this Act, and annually thereafter until the end of the pilot program, the Undersecretary shall contract for an independent evaluation of the pilot program carried out under this section. Such evaluation-- (A) shall include the degree to which the pilot program succeeded in the goals of increasing usage of savings products, programs, and tools; and (B) shall be conducted by a contractor with knowledge of consumer financial products and experience in the evaluation of such products. (2) Report.--After each evaluation carried out pursuant to paragraph (1), the Undersecretary shall issue a report to the Committees on Armed Services and Financial Services of the House of Representatives and the Committees on Armed Services and Banking, Housing, and Urban Affairs of the Senate containing all findings and conclusions made by the contractor in carrying out such evaluation. (g) Expansion of Pilot Program.--Notwithstanding subsection (a), the Undersecretary may expand the pilot program, including extending the duration of the program and expanding the program to make it a nationwide program, to the extent determined appropriate by the Undersecretary, if the Undersecretary determines that such expansion is expected to-- (1) improve the rates of savings among servicemembers and their families; or (2) decrease the need for servicemembers and their families to rely on payday lenders without exacerbating credit overextension. (h) Financial Institution Defined.--For purposes of this section, the term ``financial institution'' means an insured depository institution (as defined under section 3(c)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)(2))) or a credit union.

Military Savings Act of 2012 - Directs the Undersecretary of Defense (Comptroller) to carry out a five-year pilot program to develop innovative consumer financial products that encourage savings and wealth-creation among active-duty servicemembers. Requires the program to be carried out in such a way that it does not exacerbate the incidence of servicemember credit overextension. Directs the Undersecretary to choose at least 10 military installations at which to implement the program. Directs the Undersecretary to contract for an annual independent program evaluation until its termination. Allows the Undersecretary, under certain conditions, to expand the program to a nationwide program and to extend its duration.

To direct the Undersecretary of Defense (Comptroller) to carry out a pilot program to develop innovative consumer financial products that encourage savings and wealth-creation among active-duty servicemembers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Guard and Reserve Education Act of 2004''. SEC. 2. INCREASE IN RATE OF EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE AS ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS. (a) Increase in Rate of Assistance.--Subsection (b)(1) of section 16131 of title 10, United States Code, is amended-- (1) in subparagraph (A), by striking ``$251'' and inserting ``$400''; (2) by striking subparagraphs (B) and (C); (3) by redesignating subparagraph (D) as subparagraph (B); and (4) in subparagraph (B), as so redesignated, by striking ``for each month of less than half-time pursuit'' and inserting ``for each month of less than full-time pursuit''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to months beginning after the date of the enactment of this Act. (c) No CPI Adjustment for Fiscal Year 2005.--Paragraph (2) of section 16131(b) of such title shall not apply to rates of basic educational assistance paid under such section during fiscal year 2005. SEC. 3. PAYMENT OF EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE CALLED UP FOR SERVICE FOR CUMULATIVE PERIOD OF 180 DAYS OR MORE AT THE RATE APPLICABLE UNDER CHAPTER 30 OF TITLE 38, UNITED STATES CODE. (a) Increase.--Section 16131 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(j)(1) In the case of a person described in paragraph (2), the rate payable under subsection (b) or subsection (c) to such person for such educational assistance for each month shall be paid at the rate applicable under section 3015(b) of title 38. ``(2) A person referred to in paragraph (1) is a person who is entitled to educational assistance under this chapter-- ``(A) who, on or after September 11, 2001, serves a period of active duty of at least 180 days of active duty pursuant to an order to serve on active duty under section 12301(a), 12301(d), 12301(g), 12302, or 12304 of this title during a five year period, or ``(B) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, who, on or after September 11, 2001, performed full time National Guard duty under section 502(f) of title 32 for at least 180 days during a five year period when authorized by the President or Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to payments of educational assistance under chapter 1606 of such title for months beginning after September 30, 2004. SEC. 4. MODIFICATION OF DELIMITING DATE FOR USE OF ENTITLEMENT. (a) In General.--Section 16133 of title 10, United States Code, is amended-- (1) in subsection (a), by striking ``subsection (b)'' and inserting ``subsections (b) and (c)''; and (2) by adding at the end the following new subsection: ``(c) In the case of a person described in section 16131(j)(2) of this title, the period during which such person may use such person's entitlement to educational assistance under this chapter expires at the end of the 14-year period beginning on the date that is the last day of the person's last duty referred to in such section.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on September 30, 2004, and shall apply to members of the Selected Reserve entitled to educational assistance under chapter 1606 of title 10, United States Code, on or after that date. SEC. 5. AUTHORITY FOR MEMBERS OF THE SELECTED RESERVE ENTITLED TO RETIRED PAY TO TRANSFER ENTITLEMENT TO BASIC EDUCATIONAL ASSISTANCE. (a) Establishment of Authority to Transfer Entitlement.--(1) Chapter 1606 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 16138. Transfer of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay ``(a) In General.--Subject to the provisions of this section, each Secretary concerned may permit an individual described in subsection (b) who is entitled to basic educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such individual's entitlement to such assistance. ``(b) Eligible Individuals.--An individual referred to in subsection (a) is an individual who-- ``(1) is entitled to retired pay under chapter 1223; and ``(2) is entitled to educational assistance under this chapter. ``(c) Eligible Dependents.--An individual approved to transfer an entitlement to basic educational assistance under this section may transfer the individual's entitlement as follows: ``(1) To the individual's spouse. ``(2) To one or more of the individual's children. ``(3) To a combination of the individuals referred to in paragraphs (1) and (2). ``(d) Designation of Transferee.--An individual transferring an entitlement to basic educational assistance under this section shall-- ``(1) designate the dependent or dependents to whom such entitlement is being transferred; ``(2) designate the number of months of such entitlement to be transferred to each such dependent; and ``(3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1). Each designation under this section shall be made in writing and shall be transmitted to the Secretary concerned and the Secretary of Veterans Affairs. ``(e) Time for Transfer; Revocation and Modification.--(1) Subject to the time limitation for use of entitlement under section 16133 of this title, an individual approved to transfer entitlement to basic educational assistance under this section may transfer such entitlement at any time after the approval of the individual's request to transfer such entitlement without regard to whether the individual is a member of the Armed Forces when the transfer is executed. ``(2)(A) An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. ``(B) The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs. ``(f) Commencement of Use.--In the case of entitlement transferred to a child to whom entitlement to basic educational assistance is transferred under this section, the child may not commence the use of the transferred entitlement until either-- ``(1) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); or ``(2) the attainment by the child of 18 years of age. ``(g) Additional Administrative Matters.--(1) The use of any entitlement to basic educational assistance transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used. ``(2) Except as provided under subsection (d)(2) and subject to paragraphs (4) and (5), a dependent to whom entitlement is transferred under this section is entitled to basic educational assistance under this chapter in the same manner and at the same rate as the individual from whom the entitlement was transferred. ``(3)(A) The death of an individual transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred. ``(B) Entitlement may only be transferred under this section before the date of death of the individual making the transfer. ``(4) A child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years. ``(5) The administrative provisions of chapter 30 of title 38 (including the provisions set forth in section 3034(a)(1) of that title) shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible veteran for purposes of such provisions. ``(6) The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate). ``(h) Overpayment.--In the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of title 38. ``(i) Approvals of Transfer Subject to Availability of Appropriations.--The Secretary concerned may approve transfers of entitlement to basic educational assistance under this section in a fiscal year only to the extent that appropriations for military personnel are available in that fiscal year for purposes of making deposits in the Department of Defense Education Benefits Fund under section 2006 of this title in that fiscal year to cover the present value of future benefits payable from the Fund for the Department of Defense portion of payments of basic educational assistance attributable to increased usage of benefits as a result of such transfers of entitlement in that fiscal year. ``(j) Regulations.--After consultation with the Secretary of Veterans Affairs, the Secretary of Defense shall prescribe regulations for purposes of this section. Such regulations shall specify the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (e)(2) and shall specify the manner of the applicability of the administrative provisions referred to in subsection (g)(5) to a dependent to whom entitlement is transferred under this section. ``(k) Annual Report.--(1) As part of the report required under section 3020(l) of title 38, (beginning in 2006), the Secretary of Defense shall include information on the transfers of entitlement to basic educational assistance under this section that were approved by each Secretary concerned during the preceding fiscal year. ``(2) Each report shall set forth-- ``(A) the number of transfers of entitlement under this section that were approved by such Secretary during the preceding fiscal year; or ``(B) if no transfers of entitlement under this section were approved by such Secretary during that fiscal year, a justification for such Secretary's decision not to approve any such transfers of entitlement during that fiscal year.''. (2) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``16138. Transfer of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay.''. (b) Conforming Amendment.--Section 3020 of title 38, United States Code, is amended-- (1) by redesignating subsection (m) as subsection (n); and (2) by inserting after subsection (l) the following new subsection: ``(m) Coordination With Authority for Transfers Under the Reserve Montgomery GI Bill.--In carrying out this section and section 16138 of title 10, each Secretary concerned shall take such steps as may be necessary to ensure that a transfer of entitlement under each such section is made pursuant to the applicable requirements of such sections.''. SEC. 7. REQUIREMENT FOR THE SECRETARY OF VETERANS AFFAIRS TO REPORT TO CONGRESS ON TRANSFERS OF ENTITLEMENT BY MEMBERS OF THE SELECTED RESERVE ENTITLED TO RETIRED PAY. (a) In General.--Subchapter II of chapter 30 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 3020A. Annual report on transfers of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay ``(a) Inclusion in Annual Report.--As part of the annual report submitted to the Congress under section 529 of this title, the Secretary shall include a description of the operation of the program for transfer of entitlement to basic educational assistance by members of the selected reserve entitled to retired pay under section 16138 of title 10. ``(b) Specific Information Required.--The Secretary shall include in the description required under subsection (a) the following information: ``(1) The aggregate number of transfers of entitlement made during the preceding year. ``(2) The type of programs of education pursued by dependents to whom entitlement was so transferred. ``(3) The number of spouses to whom entitlement was so transferred. ``(4) The number of dependent children to whom entitlement was so transferred.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

National Guard and Reserve Education Act of 2004 - Increases the monthly rate of educational assistance for members of the Selected Reserve who pursue full-time studies. Requires the Secretary of Veterans Affairs to prescribe by regulation the rate of assistance for less than full-time studies. Establishes an educational assistance benefit for reservists and National Guard members who, on or after September 11, 2001, serve at least 180 days within a five-year period of active duty in a contingency operation. Authorizes such persons to use their educational assistance entitlement during a 14-year period beginning on the last day of duty. Authorizes members of the Selected Reserve who are entitled to retired pay and basic educational assistance to transfer a portion of their educational entitlement to eligible dependents. Requires the Secretary to report on such transfers in the Secretary's annual report to Congress.

To amend titles 10 and 38, United States Code, to improve educational benefits for members of the Selected Reserve, and for other purposes.

SECTION 1. INCREASE IN EXPENSING UNDER SECTION 179 FOR GULF OPPORTUNITY ZONE PROPERTY. (a) In General.--Section 179 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Increase in Limitation for Gulf Opportunity Zone Property.-- ``(1) In general.--For purposes of this section-- ``(A) the dollar amount in effect under subsection (b)(1) for the taxable year shall be increased by the lesser of-- ``(i) $100,000, or ``(ii) the cost of qualified section 179 Gulf Opportunity Zone property placed in service during the taxable year, and ``(B) the the dollar amount in effect under subsection (b)(2) for the taxable year shall be increased by the lesser of-- ``(i) $600,000, or ``(ii) the cost of qualified section 179 Gulf Opportunity Zone property placed in service during the taxable year. ``(2) Qualified section 179 gulf opportunity zone property.--For purposes of this subsection, the term `qualified section 179 Gulf Opportunity Zone property' means section 179 property which is qualified Gulf Opportunity Zone property. ``(3) Qualified gulf opportunity zone property.-- For purposes of this subsection-- ``(A) In general.--The term `qualified Gulf Opportunity Zone property' means property-- ``(i) which is described in section 168(k)(2)(A)(i), ``(ii) substantially all of the use of which is in the Gulf Opportunity Zone and is in the active conduct of a trade or business by the taxpayer in such Zone, ``(iii) the original use of which in the Gulf Opportunity Zone commences with the taxpayer on or after August 28, 2005, ``(iv) which is acquired by the taxpayer by purchase (as defined in subsection (d)) on or after August 28, 2005, but only if no written binding contract for the acquisition was in effect before August 28, 2005, and ``(v) which is placed in service by the taxpayer on or before December 31, 2007. ``(B) Exceptions.-- ``(i) Alternative depreciation property.-- Such term shall not include any property described in section 168(k)(2)(D)(i). ``(ii) Tax-exempt bond-financed property.-- Such term shall not include any property any portion of which is financed with the proceeds of any obligation the interest on which is exempt from tax under section 103. ``(iii) Election out.--If a taxpayer makes an election under this clause with respect to any class of property for any taxable year, this subsection shall not apply to all property in such class placed in service during such taxable year. ``(4) Gulf opportunity zone; hurricane katrina disaster area.--For purposes of this subsection-- ``(A) Gulf opportunity zone.--The term `Gulf Opportunity Zone' means that portion of the Hurricane Katrina disaster area determined by the President to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Katrina. ``(B) Hurricane katrina disaster area.--The term `Hurricane Katrina disaster area' means an area with respect to which a major disaster has been declared by the President before September 14, 2005, under section 401 of such Act by reason of Hurricane Katrina. ``(5) Coordination with empowerment zones and renewal communities.--For purposes of sections 1397A and 1400J, qualified section 179 Gulf Opportunity Zone property shall not be treated as qualified zone property or qualified renewal property, unless the taxpayer elects not to take such qualified section 179 Gulf Opportunity Zone property into account for purposes of this subsection. ``(6) Recapture.--For purposes of this subsection, rules similar to the rules under subsection (d)(10) shall apply with respect to any qualified section 179 Gulf Opportunity Zone property which ceases to be qualified section 179 Gulf Opportunity Zone property.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to property placed in service after August 28, 2005.

Amends the Internal Revenue to increase the expensing allowance (i.e., a tax deduction in the current taxable year) for the cost of Gulf Opportunity Zone property placed in service in the Hurricane Katrina disaster area.

To amend the Internal Revenue Code of 1986 to provide increased expensing for section 179 property in the Gulf Opportunity Zone.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Urban Watershed Model Restoration Act''. SEC. 2. ANACOSTIA RIVER WATERSHED RESTORATION AND PROTECTION PILOT PROGRAM. (a) In General.--The Administrator of the Environmental Protection Agency shall develop and carry out a pilot program to serve as a national model for the restoration of urban watersheds and community environments. The purposes of the program shall be to demonstrate methods to encourage urban communities to use their environmental resources as a catalyst for sustainable community redevelopment and to meet the objectives of the Federal Water Pollution Control Act, including stormwater, combined sewer overflows, and other water quality objectives. The program shall have a dual function of restoration and protection of river resources and reduction of environmental human health risks in the surrounding communities. (b) Location.--The pilot program under this section shall be carried out in the Anacostia River watershed, District of Columbia and Maryland. (c) Activities.--In carrying out the program under this section, the Administrator shall-- (1) integrate on a community or geographic basis the regulatory and nonregulatory programs of the Environmental Protection Agency with other Federal, State, and local government programs and provide effective coordination among such programs; (2) support baseline monitoring efforts of State and local governments to determine key trends in ambient environmental conditions for the purpose of filling gaps in critical data about the environmental condition of the watershed; (3) develop and maintain environmental indicators in conjunction with interested public entities and ensure regular public reporting of these indicators; (4) provide grants in accordance with subsection (d) to local community groups and nonprofit organizations to foster community involvement in the decisionmaking process, environmental educational goals, and restoration strategies; (5) assist in the establishment of measurable goals for such restoration; (6) maintain annual program plans which provide for public input; (7) provide opportunities for the education of school children and community groups on local environmental resources and on what individuals can do to reduce environmental and health risks; (8) develop consensus strategies for the restoration and protection of the watershed in cooperation with other Federal, State, and local groups to address critical issues and needs; (9) maintain a biennial Federal work planning process for Federal landholders and programmatic agencies to identify specific opportunities and needs for Federal activities in support of the pilot program's goals; (10) demonstrate new technologies and approaches which are applicable nationally to stormwater management, combined sewer overflow control, floatables reduction, forest buffer restoration, and other activities being conducted under the Federal Water Pollution Control Act; (11) participate in urban habitat improvement projects in the watershed on a demonstration basis; (12) assist in the implementation of the regional action plan for toxics reduction and prevention in the watershed; (13) implement on the ground projects for restoration of the watershed to the extent they are unique or transferable to national audiences; and (14) maintain and enhance the Biennial Work Plan for the Anacostia River Watershed published by the United States Army Corp of Engineers and the Environmental Protection Agency on April 22, 1997, for the purpose of identifying specific opportunities for Federal landholders to contribute to the pilot program. (d) Challenge Grants.-- (1) Set-aside.--The Administrator may set aside no less than $400,000 of amounts appropriated to carry out this section for each fiscal year to make grants under subsection (c)(4). (2) Environmental protection agency share.--The Environmental Protection Agency's share of the costs of activities to be carried out with a grant under this section shall be not less than 75 percent. The remaining share of such costs may be provided through in-kind contributions and may be provided from Federal funds appropriated to carry out any law, other than this Act, if the Federal agency making such funds available agrees. (e) Coordination.--In carrying out the pilot program under this section, the Administrator shall work in coordination with other Federal agencies, particularly the Army Corps of Engineers, to identify projects and activities which are supportive of the goals of the pilot program. (f) Reports.--The Administrator shall transmit to Congress by January 1 of each fiscal years 2000 through 2004 a report on the activities carried out under, and results of, the pilot program during the preceding fiscal year, including a report on the technical, managerial, and public involvement aspects of the pilot program which are transferable to other urban areas. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $750,000 for each of fiscal years 2000 through 2004. Such sums shall remain available until expended.

Authorizes the Administrator to set aside amounts for grants to local community groups and nonprofit organizations to foster community involvement in the decision making process, environmental educational goals, and restoration strategies. Authorizes appropriations.

National Urban Watershed Model Restoration Act

SECTION 1. ENVIRONMENTAL INFRASTRUCTURE. (a) Jackson County, Mississippi.--Section 219 of the Water Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757) is amended-- (1) in subsection (c), by striking paragraph (5) and inserting the following: ``(5) Jackson county, mississippi.--Provision of an alternative water supply and a project for the elimination or control of combined sewer overflows for Jackson County, Mississippi.''; and (2) in subsection (e)(1), by striking ``$10,000,000'' and inserting ``$20,000,000''. (b) Manchester, New Hampshire.--Section 219(e)(3) of the Water Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757) is amended by striking ``$10,000,000'' and inserting ``$20,000,000''. (c) Atlanta, Georgia.--Section 219(f)(1) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 335) is amended by striking ``$25,000,000 for''. (d) Paterson, Passaic County, and Passaic Valley, New Jersey.-- Section 219(f)(2) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 335) is amended by striking ``$20,000,000 for''. (e) Elizabeth and North Hudson, New Jersey.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 335) is amended-- (1) in paragraph (33), by striking ``$20,000,000'' and inserting ``$10,000,000''; and (2) in paragraph (34)-- (A) by striking ``$10,000,000'' and inserting ``$20,000,000''; and (B) by striking ``in the city of North Hudson'' and inserting ``for the North Hudson Sewerage Authority''. SEC. 2. UPPER MISSISSIPPI RIVER ENVIRONMENTAL MANAGEMENT PROGRAM. Section 1103(e)(5) of the Water Resources Development Act of 1986 (33 U.S.C. 652(e)(5)) (as amended by section 509(c)(3) of the Water Resources Development Act of 1999 (113 Stat. 340)) is amended by striking ``paragraph (1)(A)(i)'' and inserting ``paragraph (1)(B)''. SEC. 3. DELAWARE RIVER, PENNSYLVANIA AND DELAWARE. Section 346 of the Water Resources Development Act of 1999 (113 Stat. 309) is amended by striking ``economically acceptable'' and inserting ``environmentally acceptable''. SEC. 4. PROJECT REAUTHORIZATIONS. Section 364 of the Water Resources Development Act of 1999 (113 Stat. 313) is amended-- (1) by striking ``Each'' and all that follows through the colon and inserting the following: ``Each of the following projects is authorized to be carried out by the Secretary, and no construction on any such project may be initiated until the Secretary determines that the project is technically sound, environmentally acceptable, and economically justified:''; (2) by striking paragraph (1); and (3) by redesignating paragraphs (2) through (6) as paragraphs (1) through (5), respectively. SEC. 5. SHORE PROTECTION. Section 103(d)(2)(A) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(d)(2)(A)) (as amended by section 215(a)(2) of the Water Resources Development Act of 1999 (113 Stat. 292)) is amended by striking ``or for which a feasibility study is completed after that date,'' and inserting ``except for a project for which a District Engineer's Report is completed by that date,''. SEC. 6. COMITE RIVER, LOUISIANA. Section 371 of the Water Resources Development Act of 1999 (113 Stat. 321) is amended-- (1) by inserting ``(a) In General.--'' before ``The''; and (2) by adding at the end the following: ``(b) Crediting of Reduction in Non-Federal Share.--The project cooperation agreement for the Comite River Diversion Project shall include a provision that specifies that any reduction in the non- Federal share that results from the modification under subsection (a) shall be credited toward the share of project costs to be paid by the Amite River Basin Drainage and Water Conservation District.''. SEC. 7. CHESAPEAKE CITY, MARYLAND. Section 535(b) of the Water Resources Development Act of 1999 (113 Stat. 349) is amended by striking ``the city of Chesapeake'' each place it appears and inserting ``Chesapeake City''. SEC. 8. CONTINUATION OF SUBMISSION OF CERTAIN REPORTS BY THE SECRETARY OF THE ARMY. (a) Recommendations of Inland Waterways Users Board.--Section 302(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2251(b)) is amended in the last sentence by striking ``The'' and inserting ``Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C. 1113 note; 109 Stat. 734), the''. (b) List of Authorized but Unfunded Studies.--Section 710(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2264(a)) is amended in the first sentence by striking ``Not'' and inserting ``Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C. 1113 note; 109 Stat. 734), not''. (c) Reports on Participation of Minority Groups and Minority-Owned Firms in Mississippi River-Gulf Outlet Feature.--Section 844(b) of the Water Resources Development Act of 1986 (100 Stat. 4177) is amended in the second sentence by striking ``The'' and inserting ``Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C. 1113 note; 109 Stat. 734), the''. (d) List of Authorized but Unfunded Projects.--Section 1001(b)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)) is amended in the first sentence by striking ``Every'' and inserting ``Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C. 1113 note; 109 Stat. 734), every''. SEC. 9. AUTHORIZATIONS FOR PROGRAM PREVIOUSLY AND CURRENTLY FUNDED. (a) Program Authorization.--The program described in subsection (c) is hereby authorized. (b) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for the Department of Transportation for the program authorized in subsection (a) in amounts as follows: (1) Fiscal year 2000.--For fiscal year 2000, $10,000,000. (2) Fiscal year 2001.--For fiscal year 2001, $10,000,000. (3) Fiscal year 2002.--For fiscal year 2002, $7,000,000. (c) Applicability.--The program referred to in subsection (a) is the program for which funds appropriated in title I of Public Law 106- 69 under the heading ``FEDERAL RAILROAD ADMINISTRATION'' are available for obligation upon the enactment of legislation authorizing the program. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Amends the Water Resources Development Act of 1999 to: (1) authorize appropriations for FY 1999 through 2009 for implementation of a long-term resource monitoring program with respect to the Upper Mississippi River Environmental Management Program (currently, such funding is designated for a program for the planning, construction, and evaluation of measures for fish and wildlife habitat rehabilitation and enhancement); (2) authorize the Secretary of the Army to carry out modifications to the navigation project for the Delaware River, Pennsylvania and Delaware, if such project as modified is technically sound, environmentally (currently, economically) acceptable, and economically justified; (3) subject certain previously deauthorized water resources development projects to the seven-year limitation governing project deauthorizations under the Act, with the exception of such a project for Indian River County, Florida; (4) except from a certain schedule of the non-Federal cost of the periodic nourishment of shore protection projects constructed after December 31, 1999, those projects for which a District Engineer's Report has been completed by such date; (5) require that the project cooperation agreement for the Comite River Diversion Project for flood control include a provision that specifies that any reduction in the non-Federal share that results from certain modifications be credited toward the share of project costs to be paid by the Amite River Basin Drainage and Water Conservation District; (6) allow the Secretary to provide additional compensation to Chesapeake City, Maryland (currently, to the City of Chesapeake, Maryland) for damage to its water supply resulting from the Chesapeake and Delaware Canal Project; (7) provide for the submission of certain reports on water resources development projects by the Secretary, notwithstanding Federal reporting termination provisions; and (8) authorize and provide for an authorization of appropriations for the existing program for the safety and operations expenses of the Federal Railroad Administration, and make available for obligation funds currently appropriated for such program.

To make technical corrections to the Water Resources Development Act of 1999.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Prescription Drug Lifeline Act of 2006''. SEC. 2. TEMPORARY PROCESS FOR INDIVIDUALS ENTERING THE MEDICARE COVERAGE GAP TO SWITCH TO A PLAN THAT PROVIDES COVERAGE IN THE GAP. (a) Process.--Notwithstanding any other provision of law, by not later than 30 days after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish a process under which an applicable individual may terminate enrollment in the prescription drug plan or the MA-PD plan in which they are enrolled and enroll in any prescription drug plan or MA-PD plan-- (1) that provides some coverage of covered part D drugs (as defined in subsection (e) of section 1860D-2 of the Social Security Act (42 U.S.C. 1395w-102)) after the individual has reached the initial coverage limit under the plan but has not reached the annual out-of-pocket threshold under subsection (b)(4)(B) of such section; and (2) subject to subsection (b), that serves the area in which the individual resides. (b) Special Rule Permitting Applicable Individuals to Enroll in a Prescription Drug Plan Outside of the Region in Which the Individual Resides.--In the case of an applicable individual that resides in a PDP region under section 1860D-11(a)(2) of the Social Security Act (42 U.S.C. 1395w-111(a)(2)) in which there is no prescription drug plan available that provides some coverage of brand name covered part D drugs (as so defined) after the individual has reached the initial coverage limit under the plan but before the individual has reached such annual out-of-pocket threshold, the Secretary shall ensure that the process established under subsection (a) permits the individual to enroll in a prescription drug plan that provides such coverage but is in another PDP region. The Secretary shall determine the PDP region in which the individual may enroll in such a prescription drug plan. (c) Notification of Applicable Individuals.--Under the process established under subsection (a), the Secretary shall notify, or require sponsors of prescription drug plans and organizations offering MA-PD plans to notify, applicable individuals of the option to change plans under such process. Such notice shall be provided to an applicable individual within 30 days of meeting the definition of such an individual. (d) Process in Effect for Remaining Portion of 2006.--The process established under subsection (a) shall remain in effect through December 31, 2006. (e) Definitions.--In this section: (1) Applicable individual.--The term ``applicable individual'' means a part D eligible individual (as defined in section 1860D-1(a)(3)(A) of the Social Security Act (42 U.S.C. 1395w-101(a)(3)(A)) who, with respect to a year-- (A) is enrolled in a prescription drug plan or an MA-PD plan that does not provide any coverage of covered part D drugs (as so defined) after the individual has reached the initial coverage limit under the plan but has not reached such annual out-of-pocket threshold; and (B) has reached such initial coverage limit or is within $750 of reaching such limit. (2) Prescription drug plan; ma-pd plan.--The terms ``prescription drug plan'' and ``MA-PD plan'' have the meanings given those terms in section 1860D-41(a)(14) of the Social Security Act (42 U.S.C. 1395w-151(a)(14)) and section 1860D- 1(a)(3)(C) of such Act (42 U.S.C. 1395w-101(a)(3)(C)), respectively. SEC. 3. GAO STUDY AND REPORT ON THE ELIMINATION OF THE MEDICARE PART D COVERAGE GAP. (a) Study.--The Comptroller General of the United States shall conduct a study on-- (1) the costs to the Medicare program of eliminating the initial coverage limit under paragraph (3) of section 1860D- 2(b) of the Social Security Act (42 U.S.C. 1395w-102(b)) (and providing that standard prescription drug coverage included the coverage described in paragraph (2) of such section until the individual reached the annual out-of-pocket threshold under subsection (b)(4)(B) of such section); and (2) the adjustment to the coinsurance under paragraph (2) of such section that would be necessary to eliminate the initial coverage limit (and provide that standard prescription drug coverage included such adjusted coinsurance amount until the individual reached such annual out-of-pocket threshold) without increasing the costs to the Medicare program. (b) Report.--Not later than May 1, 2007, the Comptroller General of the United States shall submit a report to Congress on the study conducted under subsection (a) together with such recommendations as the Comptroller General determines to be appropriate.

Medicare Prescription Drug Lifeline Act of 2006 - Directs the Secretary of Health and Human Services to establish a process under which an individual may terminate enrollment in the prescription drug plan or the Medicare Advantage Prescription Drug (MA-PD) Plan in which he or she is enrolled and enroll in any prescription drug plan or MA-PD Plan serving the area where the individual resides that provides some coverage of covered part D (Voluntary Prescription Drug Benefit Program) drugs after the individual has reached the initial coverage limit but not yet the annual out-of-pocket threshold. Sets forth a special rule permitting applicable individuals to enroll in a prescription drug plan outside the region in which they reside. Directs the Comptroller General to study and report to Congress on: (1) the costs to the Medicare program of eliminating the initial coverage limit and providing specified standard prescription drug coverage until the individual reaches the annual out-of-pocket threshold; and (2) the adjustment to the applicable coinsurance that would be necessary to eliminate the initial coverage limit under such conditions without increasing the costs to the Medicare program.

A bill to provide for a temporary process for individuals entering the Medicare coverage gap to switch to a plan that provides coverage in the gap.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Infrastructure Financing Improvement Act of 1997''. SEC. 2. RAIL INFRASTRUCTURE AND EQUIPMENT LOANS. (a) Amendment to Title 49, United States Code.--Part B of subtitle V of title 49, United States Code, is amended by inserting after chapter 221 the following new chapter: ``CHAPTER 223--RAIL INFRASTRUCTURE AND EQUIPMENT LOANS ``Sec. ``22301. Definitions. ``22302. Direct loans and loan guarantees. ``22303. Administration of direct loans and loan guarantees. ``SEC. 22301. DEFINITIONS. ``For purposes of this chapter: ``(1)(A) The term `cost' means the estimated long-term cost to the Government of a direct loan or loan guarantee, calculated on a net present value basis, excluding administrative costs and any incidental effects on governmental receipts or outlays. ``(B) The cost of a direct loan shall be the net present value, at the time when the direct loan is disbursed, of the following cash flows: ``(i) Loan disbursements. ``(ii) Repayments of principal. ``(iii) Payments of interest and other payments by or to the Government over the life of the loan after adjusting for estimated defaults, prepayments, fees, penalties, and other recoveries. ``(C) The cost of a loan guarantee shall be the net present value when a guaranteed loan is disbursed, of the following cash flows: ``(i) Estimated payments by the Government to cover defaults and delinquencies, interest subsidies, or other payments. ``(ii) Estimated payments to the Government, including origination and other fees, penalties, and recoveries. ``(D) Any Government action that alters the estimated net present value of an outstanding direct loan or loan guarantee (except modifications within the terms of existing contracts or through other existing authorities) shall be counted as a change in the cost of that direct loan or loan guarantee. The calculation of such changes shall be based on the estimated present value of the direct loan or loan guarantee at the time of modification. ``(E) In estimating net present values, the discount rate shall be the average interest rate on marketable Treasury securities of similar maturity to the direct loan or loan guarantee for which the estimate is being made. ``(2) The term `direct loan' means a disbursement of funds by the Government to a non-Federal borrower under a contract that requires the repayment of such funds. The term includes the purchase of, or participation in, a loan made by another lender. The term does not include the acquisition of a federally guaranteed loan in satisfaction of default claims. ``(3) The term `direct loan obligation' means a binding agreement by the Secretary of Transportation to make a direct loan when specified conditions are fulfilled by the borrower. ``(4) The term `loan guarantee' means any guarantee, insurance, or other pledge with respect to the payment of all or a part of the principal or interest on any debt obligation of a non-Federal borrower to a non-Federal lender, but does not include the insurance of deposits, shares, or other withdrawable accounts in financial institutions. ``(5) The term `loan guarantee commitment' means a binding agreement by the Secretary to make a loan guarantee when specified conditions are fulfilled by the borrower, the lender, or any other party to the guarantee agreement. ``(6) The term `railroad carrier' has the meaning given that term in section 20102. ``SEC. 22302. DIRECT LOANS AND LOAN GUARANTEES. ``(a) General Authority.--The Secretary of Transportation may provide direct loans and loan guarantees to State and local governments, government sponsored authorities and corporations, and railroad carriers. ``(b) Eligible Purposes.-- ``(1) In general.--Direct loans and loan guarantees under this section shall be used to-- ``(A) acquire, improve, or rehabilitate rail equipment or facilities, including track, components of track, bridges, yards, buildings, and shops; ``(B) refinance outstanding debt incurred for the purposes described in subparagraph (A); or ``(C) develop or establish new railroad facilities. ``(2) Operating expenses not eligible.--Direct loans and loan guarantees under this section shall not be used for railroad operating expenses. ``(c) Priority Projects.--In granting applications for direct loans or guaranteed loans under this section, the Secretary shall give priority to projects that-- ``(1) enhance public safety; ``(2) enhance the environment; ``(3) promote economic development; ``(4) enable United States companies to be more competitive in international markets; ``(5) are endorsed by the plans prepared under section 135 of title 23 by the State or States in which they are located; or ``(6) preserve rail service to small communities or rural areas. ``(d) Extent of Authority.--The aggregate unpaid principal amounts of obligations under direct loans and loan guarantees made under this section shall not exceed $5,000,000,000 at any one time. ``(e) Rates of Interest.-- ``(1) Direct loans.--The Secretary shall require interest to be paid on a direct loan made under this section at a rate not less than that necessary to recover the cost of making the loan. ``(2) Loan guarantees.--The Secretary shall not make a loan guarantee under this section if the interest rate for the loan exceeds that which the Secretary determines to be reasonable, taking into consideration the prevailing interest rates and customary fees incurred under similar obligations in the private capital market. ``(f) Infrastructure Partners.-- ``(1) Authority of secretary.--In lieu of or in combination with appropriations of budget authority to cover the costs of direct loans and loan guarantees as required under section 504(b)(1) of the Federal Credit Reform Act of 1990, the Secretary may accept on behalf of an applicant for assistance under this section a commitment from a non-Federal source to fund in whole or in part credit risk premiums with respect to the loan that is the subject of the application. In no event shall the aggregate of appropriations of budget authority and credit risk premiums described in this paragraph with respect to a direct loan or loan guarantee be less than the cost of that direct loan or loan guarantee. ``(2) Credit risk premium amount.--The Secretary shall determine the amount required for credit risk premiums under this subsection on the basis of-- ``(A) the circumstances of the applicant, including the amount of collateral offered; ``(B) the proposed schedule of loan disbursements; ``(C) historical data on the repayment history of similar borrowers; ``(D) consultation with the Congressional Budget Office; and ``(E) any other factors the Secretary considers relevant. ``(3) Payment of premiums.--Credit risk premiums under this subsection shall be paid to the Secretary before the disbursement of loan amounts. ``(4) Cohorts of loans.--In order to maintain sufficient balances of credit risk premiums to adequately protect the Federal Government from risk of default, while minimizing the length of time the Government retains possession of those balances, the Secretary shall establish cohorts of loans. When all obligations attached to a cohort of loans have been satisfied, credit risk premiums paid for the cohort, and interest accrued thereon, which were not used to mitigate losses shall be returned to the original source on a pro rata basis. ``(g) Prerequisites for Assistance.--The Secretary shall not make a direct loan or loan guarantee under this section unless the Secretary has made a finding in writing that-- ``(1) repayment of the obligation is required to be made within a term of not more than 25 years from the date of its execution; ``(2) the direct loan or loan guarantee is justified by the present and probable future demand for rail services; ``(3) the applicant has given reasonable assurances that the facilities or equipment to be acquired, rehabilitated, improved, developed, or established with the proceeds of the obligation will be economically and efficiently utilized; ``(4) the obligation can reasonably be repaid, using an appropriate combination of credit risk premiums and collateral offered by the applicant to protect the Federal Government; and ``(5) the purposes of the direct loan or loan guarantee are consistent with subsection (b). ``(h) Conditions of Assistance.--The Secretary shall, before granting assistance under this section, require the applicant to agree to such terms and conditions as are sufficient, in the judgment of the Secretary, to ensure that, as long as any principal or interest is due and payable on such obligation, the applicant, and any railroad carrier for whose benefit the assistance is intended-- ``(1) will not use any funds or assets from railroad operations for nonrail purposes, if such use would impair the ability of the applicant or railroad carrier to provide rail services in an efficient and economic manner, or would adversely affect the ability of the applicant or railroad carrier to perform any obligation entered into by the applicant under this section; ``(2) will, consistent with its capital resources, maintain its capital program, equipment, facilities, and operations on a continuing basis; and ``(3) will not make any discretionary dividend payments that unreasonably conflict with the purposes stated in subsection (b). ``SEC. 22303. ADMINISTRATION OF DIRECT LOANS AND LOAN GUARANTEES. ``(a) Applications.--The Secretary of Transportation shall prescribe the form and contents required of applications for assistance under section 22302, to enable the Secretary to determine the eligibility of the applicant's proposal, and shall establish terms and conditions for direct loans and loan guarantees made under that section. ``(b) Full Faith and Credit.--Loan guarantees made under section 22302 shall constitute general obligations of the United States backed by the full faith and credit of the United States. ``(c) Assignment of Loan Guarantees.--The holder of a loan guarantee made under section 22302 may assign the loan guarantee in whole or in part, subject to such requirements as the Secretary may prescribe. ``(d) Modifications.--The Secretary may approve the modification of any term or condition of a direct loan, loan guarantee, direct loan obligation, or loan guarantee commitment, including the rate of interest, time of payment of interest or principal, or security requirements, if the Secretary finds in writing that-- ``(1) the modification is equitable and is in the overall best interests of the United States; and ``(2) consent has been obtained from the applicant and, in the case of a loan guarantee or loan guarantee commitment, the holder of the obligation. ``(e) Compliance.--The Secretary shall assure compliance, by an applicant, any other party to the loan, and any railroad carrier for whose benefit assistance is intended, with the provisions of this Act, regulations issued hereunder, and the terms and conditions of the direct loan or loan guarantee, including through regular periodic inspections. ``(f) Commercial Validity.--For purposes of claims by any party other than the Secretary, a loan guarantee or loan guarantee commitment shall be conclusive evidence that the underlying obligation is in compliance with the provisions of this Act, and that such obligation has been approved and is legal as to principal, interest, and other terms. Such a guarantee or commitment shall be valid and incontestable in the hands of a holder thereof, including the original lender or any other holder, as of the date when the Secretary granted the application therefor, except as to fraud or material misrepresentation by such holder. ``(g) Default.--The Secretary shall prescribe regulations setting forth procedures in the event of default on a loan made or guaranteed under section 22302. The Secretary shall ensure that each loan guarantee made under that section contains terms and conditions that provide that-- ``(1) if a payment of principal or interest under the loan is in default for more than 30 days, the Secretary shall pay to the holder of the obligation, or the holder's agent, the amount of unpaid guaranteed interest; ``(2) if the default has continued for more than 90 days, the Secretary shall pay to the holder of the obligation, or the holder's agent, 90 percent of the unpaid guaranteed principal; ``(3) after final resolution of the default, through liquidation or otherwise, the Secretary shall pay to the holder of the obligation, or the holder's agent, any remaining amounts guaranteed but which were not recovered through the default's resolution; ``(4) the Secretary shall not be required to make any payment under paragraphs (1) through (3) if the Secretary finds, before the expiration of the periods described in such paragraphs, that the default has been remedied; and ``(5) the holder of the obligation shall not receive payment or be entitled to retain payment in a total amount which, together with all other recoveries (including any recovery based upon a security interest in equipment or facilities) exceeds the actual loss of such holder. ``(h) Rights of the Secretary.-- ``(1) Subrogation.--If the Secretary makes payment to a holder, or a holder's agent, under subsection (g) in connection with a loan guarantee made under section 22302, the Secretary shall be subrogated to all of the rights of the holder with respect to the obligor under the loan. ``(2) Disposition of property.--The Secretary may complete, recondition, reconstruct, renovate, repair, maintain, operate, charter, rent, sell, or otherwise dispose of any property or other interests obtained pursuant to this section. The Secretary shall not be subject to any Federal or State regulatory requirements when carrying out this paragraph. ``(i) Action Against Obligor.--The Secretary may bring a civil action in an appropriate Federal court in the name of the United States in the event of a default on a direct loan made under section 22302, or in the name of the United States or of the holder of the obligation in the event of a default on a loan guaranteed under section 22302. The holder of a guarantee shall make available to the Secretary all records and evidence necessary to prosecute the civil action. The Secretary may accept property in full or partial satisfaction of any sums owed as a result of a default. If the Secretary receives, through the sale or other disposition of such property, an amount greater than the aggregate of-- ``(1) the amount paid to the holder of a guarantee under subsection (g) of this section; and ``(2) any other cost to the United States of remedying the default, the Secretary shall pay such excess to the obligor. ``(j) Breach of Conditions.--The Attorney General shall commence a civil action in an appropriate Federal court to enjoin any activity which the Secretary finds is in violation of this Act, regulations issued hereunder, or any conditions which were duly agreed to, and to secure any other appropriate relief. ``(k) Attachment.--No attachment or execution may be issued against the Secretary, or any property in the control of the Secretary, prior to the entry of final judgment to such effect in any State, Federal, or other court. ``(l) Investigation Charge.--The Secretary may charge and collect from each applicant a reasonable charge for appraisal of the value of the equipment or facilities for which the direct loan or loan guarantee is sought, and for making necessary determinations and findings. Such charge shall not aggregate more than one-half of 1 percent of the principal amount of the obligation.''. (b) Conforming Amendment.--The table of chapters of subtitle V of title 49, United States Code, is amended by inserting after the item relating to chapter 221 the following: ``223. RAIL INFRASTRUCTURE AND EQUIPMENT LOANS.............. 22301''. SEC. 3. TECHNICAL AND CONFORMING PROVISIONS. (a) Repeal.--Title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.) is repealed. (b) Savings Provision.--A transaction entered into under the authority of title V of the Railroad Revitalization and Regulatory Reform Act of 1976 before the date of the enactment of this Act shall be administered until completion under its terms as if subsection (a) of this subsection were not enacted. (c) Technical and Conforming Amendments.--(1) Section 211(i) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 721(i)) is repealed. (2) Section 306(b) of title 49, United States Code, is amended by striking ``title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)'' and inserting in lieu thereof ``chapter 223 of this title''.

Railroad Infrastructure Financing Improvement Act of 1997 - Amends Federal railroad law to authorize the Secretary of Transportation to provide not more than $5 billion in direct loans and loan guarantees to State and local governments, government sponsored authorities and corporations, and railroad carriers to: (1) acquire, improve, or rehabilitate existing rail equipment or facilities, or establish new railroad facilities; or (2) refinance outstanding debt incurred in carrying out such activities. Sets forth specified conditions and eligibility requirements for such loans.

Railroad Infrastructure Financing Improvement Act of 1997

SECTION 1. CRIMINAL AND CIVIL FORFEITURE FOR MAIL AND WIRE FRAUD. (a) In General.--Chapter 63 of title 18, United States Code, is amended by adding at the end the following new sections: ``Sec. 1347. Criminal forfeiture for violation of section 1341 or 1343 ``(a) In General.--A person convicted of a violation of sections 1341 or 1343 of this title shall, notwithstanding any provision of State law, forfeit to the United States any property constituting or derived from any proceeds which the person obtained directly or indirectly from a scheme in violation of either section. ``(b) Procedures of Controlled Substances Act Applicable.--With respect to a forfeiture under this section for a violation of this chapter, the provisions of subsections (b), (c), (e), (f), (g), (i), (k), (l), (m), (n), and (o) of section 413 of the Controlled Substances Act apply as they would to a forfeiture under that section for a violation of the Controlled Substances Act. ``(c) Disposition of Property.--After a seizure of property ordered forfeited under this section, the Attorney General shall dispose of the property under section 1349 of this title. The Postal Service shall turn any such seized property over to the Attorney General for disposal under such section. ``(d) Substitute Assets.--If any of the property subject to forfeiture under this section, as a result of conduct of the defendant-- ``(1) cannot be located upon the exercise of due diligence; ``(2) has been transferred or sold to, or deposited with, a third party; ``(3) has been placed beyond the jurisdiction of the court; ``(4) has been substantially diminished in value; or ``(5) has been commingled with other property which cannot be divided without difficulty; the court shall order the forfeiture of any other property of the defendant up to the value of any property described in paragraphs (1) through (5) of this subsection. ``Sec. 1348. Civil forfeiture for violation of section 1341 or 1343 ``(a) Property Subject to Civil Forfeiture.--Any property, as defined by subsection (b) of section 413 of the Controlled Substances Act, constituting or derived from any proceeds of a scheme in violation of sections 1341 or 1343 of this title shall be subject to forfeiture to the United States. ``(b) Seizure.--(1) Except as provided in paragraph (4), any property subject to forfeiture to the United States under this section may be seized by the Attorney General or the Postal Service upon process issued pursuant to the Supplemental Rules for Certain Admiralty and Maritime Claims by a district court of the United States having jurisdiction over the property. ``(2) The Attorney General or the Postal Service may seize such property without such process when-- ``(A) the seizure is incident to a lawful arrest or search; or ``(B) such property has been the subject of a prior judgment in favor of the United States in a criminal injunction or forfeiture proceeding under section 1347 of this title. ``(3) The Government may seek the issuance of a warrant authorizing the seizure of property subject to forfeiture under this section in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure. ``(4) No property shall be forfeited under this section to the extent of the interest of an owner or lienholder by reason of any act or omission established by that owner or lienholder to have been committed without the knowledge of that owner or lienholder. ``(c) Procedural Matters.--(1) With respect to a forfeiture of property under this section, the provisions of subsections (c), (d), (h), and (j) of section 511 of the Controlled Substances Act apply as they would to a forfeiture of property under that section, and the Postal Service may also perform any of the functions the Attorney General may perform under such subsections. ``(2) The filing of an indictment or information alleging a violation of section 1341 or 1343 of this title which is also related to a civil forfeiture proceeding under either section shall, upon motion of the United States and for good cause shown, stay the civil forfeiture proceeding. ``(d) Disposition of Property.--After a seizure of property ordered forfeited under this section, the Attorney General or the Postal Service shall dispose of the property under section 1349 of this title. ``Sec. 1349. Disposition of forfeited property ``(a) In General.--After making due provision for the rights of any innocent persons, the Attorney General, after deducting the costs incurred by the United States in conducting the seizure, forfeiture, and identification of victims, shall deposit the property forfeited or the proceeds from the sale of property forfeited under sections 1347 or 1348 of this title in the Department of Justice Assets Forfeiture Fund established by section 524(c) of title 28. The Postal Service may exercise the authority of the Attorney General in conducting administrative forfeitures and shall deposit the property forfeited or the proceeds of the property forfeited in the Postal Service Fund under section 2003(b)(7) of title 39. Any property right or interest not exercisable by, or transferable for value to, the United States shall expire and shall not revert to the defendant. Neither the defendant nor any person acting in concert with the defendant or on the defendant's behalf is eligible to purchase forfeited property sold by the United States. ``(b) Restraint Pending Appeal.--Upon application of a person other than the defendant or a person acting in concert with the defendant or on the defendant's behalf, the court may restrain or stay the sale or disposition of the property pending the conclusion of any appeal in the case giving rise to the forfeiture, if the applicant demonstrates that proceeding with the sale or disposition will result in irreparable harm to the applicant. ``(c) Rules for Disposition.--The Attorney General and the Postal Service shall make rules providing for the disposition of such property and proceeds. The rules shall provide that the Attorney General or the Postal Service may-- ``(1) retain the property for official use; ``(2) transfer the property to Federal, State, or local law enforcement agencies so as to reflect generally the contribution of such agencies to the seizure or forfeiture of such property; ``(3) sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public; ``(4) require that the General Services Administration take custody of the property and dispose of it in accordance with law; ``(5) restore forfeited property to victims of an offense described in subsection (a); ``(6) destroy the property if it is harmful to the public or the expense of sale would exceed the amount realized from the sale; or ``(7) dispose of such funds or property as otherwise provided by law.''. (b) Clerical Amendment.--The table of sections for chapter 63 of title 18, United States Code, is amended by adding at the end the following new items: ``1347. Criminal forfeiture for violation of section 1341 or 1343. ``1348. Civil forfeiture for violation of section 1341 or 1343. ``1349. Disposition of forfeited property.''. SEC. 2. POSTAL SERVICE FUND AMENDMENT. Section 2003(b)(7) of title 39, United States Code, is amended to read as follows: ``(7) amounts (including proceeds from the sale of forfeited items) from any forfeiture conducted by the Postal Service and from any forfeiture resulting from an investigation conducted by the Postal Service, except that nothing in this paragraph shall preclude the Postal Service from sharing such amounts with any Federal or State agency whose efforts in investigating or litigating the forfeiture contributed to the receipt of such funds.''.

Amends the Federal criminal code to provide for criminal and civil forfeiture for mail and wire fraud. Makes specified procedures relating to forfeitures under the Controlled Substances Act applicable to forfeitures under this Act. Requires the court to order the forfeiture of any other property of the defendant up to the value of the property subject to forfeiture under this Act if, as a result of conduct of the defendant, the forfeited property cannot be located upon the exercise of due diligence or has been transferred or sold to, or deposited with, a third party, placed beyond the court's jurisdiction, substantially diminished in value, or commingled with other property which cannot be divided without difficulty. Directs that any such forfeited property be seized by the Attorney General or U.S. Postal Service upon process issued pursuant to the Supplemental Rules for Certain Admiralty and Maritime Claims by a U.S. district court having jurisdiction over the property, with exceptions for innocent owners or lienholders. Authorizes the Attorney General or Postal Service to seize such property without such process under specified circumstances. Directs the: (1) Attorney General, after providing for the rights of any innocent persons and deducting costs incurred by the United States in conducting the seizure, forfeiture, and identification of victims, to deposit the property forfeited or the proceeds from its sale in the Department of Justice Assets Forfeiture Fund; and (2) the Postal Service to deposit property forfeited or the proceeds into the Postal Service Fund. Sets forth provisions regarding: (1) restraint or staying of the sale or disposition of property pending appeal; and (2) rules for the disposition of such property and proceeds. Requires the deposit into the Postal Service Fund of amounts from any forfeiture conducted by the Postal Service and from any forfeiture resulting from an investigation conducted by the Postal Service. Allows the Postal Service to share such amounts with any Federal or State agency whose efforts in investigating or litigating the forfeiture contributed to the receipt of such funds.

To amend title 18, United States Code, to provide for criminal and civil penalties for mail and wire fraud, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wastewater Treatment Operator Training and Certification Act of 1993''. SEC. 2. OPERATOR TRAINING. Section 109 of the Federal Water Pollution Control Act (33 U.S.C. 1259) is amended to read as follows: ``SEC. 109. OPERATOR TRAINING. ``(a) National Program.-- ``(1) In general.--The Administrator shall develop and implement a national program to train individuals in the operation of municipal and industrial wastewater treatment works and other facilities with a water pollution control purpose. ``(2) Requirements for training program.--The training program under this section shall include-- ``(A) the preparation of undergraduate students enrolled in institutions of higher education to enter an occupation that involves the design, operation, and maintenance of wastewater treatment works; ``(B) inservice training to improve and advance the knowledge and skills of individuals employed in fields related to the design, operation, and maintenance of wastewater treatment works; and ``(C) preservice training to be provided to high school graduates who are not employed to carry out the operation and maintenance of a wastewater treatment works at the time the training is provided. ``(b) Training Program Grants.-- ``(1) In general.--The Administrator shall make grants to, or offer to enter into contracts with, the appropriate officials of institutions of higher education, or combinations of the institutions, and State agencies to support the development and implementation of wastewater treatment training programs pursuant to this section. ``(2) Guidance.--Not later than 1 year after the date of enactment of paragraph (5), the Administrator shall publish guidance that specifies the minimum elements of the wastewater training programs referred to in paragraph (1). The guidance shall indicate the relative emphasis that shall be given to-- ``(A) facility design, operation, and maintenance; ``(B) undergraduate, inservice, and preservice training; and ``(C) training for industrial and municipal facilities. ``(3) Solicitation of proposals.--Not later than 18 months after the date of enactment of paragraph (5), the Administrator shall solicit proposals from institutions of higher education, or combinations of the institutions, and State agencies to provide training services. ``(4) Training grants.--The Administrator shall, to the extent adequate funds are available, award training grants to institutions of higher education, or combinations of the institutions, and State agencies for each fiscal year. ``(5) Considerations for awarding grants.--In awarding a training grant under this subsection, the Administrator shall consider-- ``(A) the demonstrated capability of the applicant to provide training services; ``(B) the degree to which the proposed program is consistent with the guidance published pursuant to paragraph (2); ``(C) the results of any evaluation conducted pursuant to paragraph (7); and ``(D) the degree to which the geographic area to be served by the program that is the subject of the grant proposal will, in combination with other programs funded pursuant to this section, ensure the reasonable availability of training programs throughout the United States. ``(6) Allocation of grants.--In allocating available grant funds among training programs, the Administrator shall consider the need for training in the area served, as reflected in the report to Congress issued pursuant to section 112(b). ``(7) Review and evaluation.--The Administrator shall provide for the review and evaluation of each training program that receives funding pursuant to this section not later than 3 years after the program initially receives the funding, and every 3 years thereafter. ``(c) Training Needs.--The Administrator shall develop and maintain a system for forecasting the supply of, and demand for, various professional and other occupational categories needed for the prevention, reduction, and elimination of water pollution in each region, State, or area of the United States.''. SEC. 3. OPERATOR CERTIFICATION. (a) In General.--Section 110 of the Federal Water Pollution Control Act (33 U.S.C. 1260) is amended to read as follows: ``SEC. 110. OPERATOR CERTIFICATION. ``(a) In General.-- ``(1) Certification.--The Chief Operator of a publicly owned treatment works that has a permit issued pursuant to section 402, and such additional personnel as may be designated by the Administrator, shall be required to be certified as proficient pursuant to this section by a State that has a certification program that is approved by the Administrator. ``(2) Effective date.--The requirement referred to in paragraph (1) shall become effective on the date that is 4 years after the date of enactment of paragraph (4), unless the Administrator extends the effective date pursuant to paragraph (3). ``(3) Extension.--The Administrator may extend the effective date of the requirement referred to in paragraph (1) for a period of not to exceed 3 years on a facility-specific basis if the Administrator determines that, with respect to a facility, adequate opportunity to seek certification did not exist during the period described in paragraph (2). ``(4) Certification granted to individual.--Each certification of proficiency issued by the appropriate official of a State under this section shall be granted to the individual that receives the certification and shall not be granted to the treatment works where the individual is employed. ``(5) Period of certification.--A certification of proficiency issued under this section shall be effective during the 5-year period beginning on the date of certification. An individual may be recertified on termination of the 5-year period (and on termination of each subsequent 5-year period) if the individual complies with inservice training and related education requirements for the certification. ``(6) Statutory construction.--Nothing in this section is intended to be construed to prevent a State from requiring more frequent certification than is specified in paragraph (5). ``(b) Guidelines.-- ``(1) In general.--Not later than 1 year after the date of enactment of this subsection, the Administrator shall publish guidelines specifying minimum standards for certification of operators by a State pursuant to this section. ``(2) Requirements for guidelines.-- ``(A) In general.--The guidelines described in paragraph (1) shall specify minimum standards for a Chief Operator of a publicly owned treatment works and for such additional personnel as the Administrator determines appropriate for proficiency certification. ``(B) Additional standards.--In addition to the standards referred to in subparagraph (A), the guidelines shall establish such additional standards as the Administrator determines necessary to ensure proficiency in the operation of large, complex treatment systems. The guidelines may provide for onsite assessment in any case in which the assessment is necessary to determine proficiency. ``(3) Treatment works operator's manual.--Not later than 1 year after the date of enactment of this subsection, the Administrator shall publish a treatment works operator's manual that describes essential knowledge and skills of-- ``(A) a Chief Operator; and ``(B) such additional personnel as the Administrator determines appropriate to receive operator proficiency certification. ``(c) State Programs.-- ``(1) In general.--Beginning on the date of publication of the guidelines under subsection (b), the Governor of a State may submit to the Administrator, in such form as the Administrator may require, a certification program under this section. ``(2) Program approval.-- ``(A) In general.--The Administrator shall review and approve or disapprove a program submitted pursuant to paragraph (1) not later than 90 days after the submittal of the application. The Administrator shall approve the application on the basis of a determination that-- ``(i) the State certification program will be consistent with the guidelines published pursuant to subsection (b); ``(ii) the State has committed to implement the program by not later than 1 year after the date of approval of the application; and ``(iii) the State agrees to provide to the Administrator such information concerning the program as the Administrator may request. ``(B) Programs in effect before the submittal of an application.--With respect to any State that submits an application pursuant to this subsection concerning a State certification program that was implemented before the date of submittal of the application, in making a decision whether to approve the application, the Administrator may consider the effectiveness of the program in effect on the date of submittal of a program pursuant to this subsection. ``(3) Disapproval of program.--In any case in which the Administrator disapproves a program, the Administrator shall provide to the State a written statement of the reasons for disapproval. The State may, not later than 90 days after receipt of the statement of the Administrator, submit to the Administrator such modifications to the application as may be necessary. Not later than 30 days after receipt of the revised application, the Administrator shall approve or disapprove the revised application. ``(4) Additional requirements.--A State may establish a certification requirement in addition to the requirements established pursuant to this section.''. (b) Enforcement.--Section 309(g)(1)(A) of such Act (33 U.S.C. 1319(g)(1)(A)) is amended by inserting ``110(a),'' after ``violated section''. SEC. 4. SCHOLARSHIPS. (a) Relationship to Training Grant Program.--Section 111(3) of the Federal Water Pollution Control Act (33 U.S.C. 1261(3)) is amended by striking subparagraph (C) and inserting the following new subparagraph: ``(C) that the institution is participating in, or has participated in, the training grant program under section 109(b); and''. (b) Representation of Minorities and Women.--Section 111(3)(D) of such Act (33 U.S.C. 1261(3)(D)) is amended-- (1) by striking ``and'' at the end of clause (i); and (2) by striking the period at the end and inserting ``, and (iii) the institution will make reasonable efforts to ensure representation of minorities and women in the program.''. SEC. 5. DEFINITIONS AND AUTHORIZATIONS. Section 112 of the Federal Water Pollution Control Act (33 U.S.C. 1262) is amended-- (1) in subsection (a)(1), by inserting after the first sentence the following new sentence: ``The term shall include any community college, technical college, or State environmental agency.''; (2) by striking subsection (b) and inserting the following new subsection: ``(b) The Administrator shall, not later than 2 years after the date of enactment of the Wastewater Treatment Operator Training and Certification Act of 1993, and not less frequently than every 2 years thereafter, submit a report to Congress concerning the implementation of training, certification, and scholarship programs under sections 109, 110, and 111. Each report submitted to Congress under this subsection shall include a forecast of the supply of, and demand for, water pollution control professionals.''; and (3) in subsection (c)-- (A) by inserting ``(1)'' after ``(c)''; and (B) by adding at the end the following new paragraph: ``(2) There are authorized to be appropriated to the Environmental Protection Agency to carry out sections 109 and 111, $15,000,000 for each of fiscal years 1994 through 2000.''.

Wastewater Treatment Operator Training and Certification Act of 1993 - Amends the Federal Water Pollution Control Act to revise provisions concerning training grants and contracts to require the Administrator of the Environmental Protection Agency to: (1) implement a national program to train persons in the operation of municipal and industrial wastewater treatment works and other water pollution control facilities; (2) make grants to, or contracts with, institutions of higher education to support such programs; and (3) publish guidance on the minimum elements of such programs. Requires chief operators and other designated personnel of publicly owned treatment works to be certified as proficient by the Administrator. Directs the Administrator to publish: (1) guidelines on minimum standards for certification; and (2) a treatment works operator's manual. Authorizes the delegation of authority for a certification program to a State, subject to certain conditions. Makes certifications valid for a five-year period. Permits recertification for an additional five years provided that the individual complies with in-service training and related education. Requires institutions of higher education, in addition to other requirements for receiving scholarships for individuals planning to enter occupations involving treatment works, to: (1) have participated in the treatment works training program; and (2) ensure representation of minorities and women in the scholarship program. Authorizes appropriations.

Wastewater Treatment Operator Training and Certification Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Occupational Safety and Health- Fairness Act of 2003''. SEC. 2. CONTESTING CITATIONS UNDER THE OCCUPATIONAL SAFETY AND HEALTH ACT. (a) Citation.--The second sentence of section 10(a) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 659(a)) is amended by inserting ``(unless such failure results from mistake, inadvertence, surprise, or excusable neglect)'' after ``assessment of penalty''. (b) Failure to Correct.--The second sentence of section 10(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 659(b)) is amended by inserting ``(unless such failure results from mistake, inadvertence, surprise, or excusable neglect)'' after ``assessment of penalty''. SEC. 3. WILLFUL VIOLATIONS. Section 17(a) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 666(a)) is amended by inserting at the end, ``A violation is willful only if the employer (1) knew that the alleged condition violated a standard, rule, order or regulation and, without a good faith belief in the legality in its conduct, knowingly disregarded the requirement of the standard, rule, order, or regulation, or (2) knew that employees were, or that it was reasonably predictable that employees would be, exposed to a hazard causing or likely to cause death or serious physical injury and recklessly disregarded the exposure of employees to that hazard.''. SEC. 4. FAIRNESS OF PENALTY ASSESSMENT Section 17(j) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 666(j)) is amended-- (1) by inserting the words, ``and de novo'' after the word ``due''; and (2) striking all after the word ``consideration'' and inserting in lieu thereof: ``to the evidence of the appropriateness of the penalty with respect to at least the following factors: ``(1) the size and financial condition of the business of the employer; ``(2) the gravity of the violation, considering the probability of harm, the nature and extent of the harm, the number of affected employees, and other relevant factors; ``(3) the good faith of the employer, including the employer's good faith efforts to comply or abate; ``(4) the history and recentness of substantially similar previous violations of the cited employer at the same nonconstruction worksite and at construction worksites within the same State; and ``(5) the degree of responsibility or culpability for the violation of the employer, the employees, and/or other persons.''. SEC. 5. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION. (a) Amendments.--Section 12 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 661) is amended as follows: (1) In subsection (a), by striking the word ``three'' and inserting in lieu thereof, the word ``five;'' and inserting before the word ``training'' the word ``legal''. (2) In subsection (b) by striking all after the words ``except that'' and inserting in lieu thereof, ``the President may extend the term of a member to allow a continuation in service at the pleasure of the President after the expiration of that member's term until a successor nominated by the President has been confirmed to serve. Any vacancy caused by the death, resignation, or removal of a member before the expiration of a term, for which he or she was appointed shall be filled only for the remainder of such expired term. A member of the Commission may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. (3) Subsection (f) is amended to read as follows: ``(f) The Chairman of the Commission is authorized to delegate to any panel of three or more members any or all of the powers of the Commission. For the purpose of carrying out its functions under this chapter, 3 members of the Commission shall constitute a quorum, except that 2 members shall constitute a quorum for any sub-panel designated by the Chairman under this subsection.''. (b) New Positions.--Of the two vacancies for membership on the Commission created by this section, one shall be filled by the President for a term expiring on April 27, 2006, and the other shall be filled by the President for a term expiring on April 27, 2008. SEC. 6. AWARD OF ATTORNEY'S FEES AND COSTS. The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 and following) is amended by redesignating section 32 through 34 as 33 through 35 and inserting the following new section after section 31: ``SEC. 32. AWARD OF ATTORNEYS' FEES AND COSTS. ``(a) Administrative Proceedings.--An employer who-- ``(1) is the prevailing party in any adversary adjudication instituted under this Act, and ``(2) had not more than 100 employees and a net worth of not more than $1,500,000 at the time of the adversary adjudication was initiated, shall be awarded fees and other expenses as a prevailing party under section 504 of title 5, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the Secretary was substantially justified or special circumstances make an award unjust. For purposes of this section the term `adversary adjudication' has the meaning given that term in section 504(b)(1)(C) of title 5, United States Code. ``(b) Proceedings.-- An employer who-- ``(1) is the prevailing party in any proceeding for judicial review of any action instituted under this Act, and ``(2) had not more than 100 employees and a net worth of not more than $1,500,000 at the time the action addressed under subsection (1) was filed, shall be awarded fees and other expenses as a prevailing party under section 2412(d) of title 28, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust. Any appeal of a determination of fees pursuant to subsection (a) of this subsection shall be determined without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust. ``(c) Applicability.-- ``(1) Commission proceedings.--Subsection (a) of this section applies to proceedings commenced on or after the date of enactment of this Act. ``(2) Court proceedings.--Subsection (b) of this section applies to proceedings for judicial review commenced on or after the date of enactment of this Act.''. SEC. 7. INDEPENDENT REVIEW. Section 11(a) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 660) is amended by adding the following at the end thereof: ``The conclusions of the Commission with respect to all questions of law shall be given deference if reasonable.''.

Occupational Safety and Health Fairness Act of 2003 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to revise requirements relating to enforcing, contesting, reviewing, and adjudicating citations, failures to correct violations, and assessments of penalties.Exempts employers from a 15-day deadline for notifying the Secretary of Labor of their intent to contest OSHA citations, notices of uncorrected violations, and proposed penalties, if their failure to meet such deadline results from mistake, inadvertence, surprise, or excusable neglect.Limits what may be considered willful violations under OSHA.Requires the Occupational Safety and Health Review Commission (OSHRC) to give de novo consideration to evidence of the penalty's appropriateness with respect to these factors: (1) size and financial condition of the business of the employer; (2) gravity of the violation, considering probability of harm, nature and extent of the harm, number of affected employees, and other relevant factors; (3) employer's good faith, including efforts to comply or abate; (4) history and recentness of substantially similar previous violations of the cited employer at the same nonconstruction worksite and construction worksites in the same State; and (5) the employer's, employees', or other persons' degree of responsibility or culpability for the violation.Increases OSHRC membership from three to five.Awards attorney's fees and costs to a prevailing employer in an administrative adversary adjudication, or a judicial review of an action, instituted under OSHA, if at the time such adjudication was initiated or such action filed the employer had not more than: (1) 100 employees; and (2) $1,500,000 net worth.Revises judicial review provisions to require deference to be given to reasonable OSHRC conclusions with respect to all questions of law.

To amend the Occupational Safety and Health Act of 1970 to provide for adjudicative improvement, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Up Government Act of 2011''. SEC. 2. APPLICATION OF MAIL AND WIRE FRAUD STATUTES TO LICENCES AND OTHER INTANGIBLE RIGHTS. Sections 1341 and 1343 of title 18, United States Code, are each amended by striking ``money or property'' and inserting ``money, property, or any other thing of value''. SEC. 3. VENUE FOR FEDERAL OFFENSES. Section 3237(a) of title 18, United States Code, is amended by inserting after ``begun, continued, or completed'' the following: ``or in any district in which an act in furtherance of an offense is committed''. SEC. 4. THEFT OR BRIBERY CONCERNING PROGRAMS RECEIVING FEDERAL FINANCIAL ASSISTANCE. Section 666(a) of title 18, United States Code, is amended by striking ``10 years'' and inserting ``20 years''. SEC. 5. PENALTY FOR SECTION 641 VIOLATIONS. Section 641 of title 18, United States Code, is amended by striking ``ten years'' and inserting ``20 years''. SEC. 6. BRIBERY AND GRAFT. Section 201 of title 18, United States Code, is amended-- (1) in subsection (b), by striking ``fifteen years'' and inserting ``20 years''; and (2) in subsection (c), by striking ``two years'' and inserting ``five years''. SEC. 7. ADDITION OF DISTRICT OF COLUMBIA TO THEFT OF PUBLIC MONEY OFFENSE. Section 641 of title 18, United States Code, is amended by inserting ``the District of Columbia or'' before ``the United States'' each place such term appears. SEC. 8. CLARIFICATION OF CRIME OF ILLEGAL GRATUITIES. Subparagraphs (A) and (B) of section 201(c)(1) of title 18, United States Code, are each amended by inserting ``the official's or person's official position or'' before ``any official act''. SEC. 9. CLARIFICATION OF DEFINITION OF ``OFFICIAL ACT''. Section 201(a)(3) of title 18, United States Code, is amended to read as follows: ``(3) the term `official act'-- ``(A) includes any act within the range of official duty, and any decision, recommendation, or action on any question, matter, cause, suit, proceeding, or controversy, which may at any time be pending, or which may by law be brought before any public official, in such public official's official capacity or in such official's place of trust or profit; ``(B) may be a single act, more than one act, or a course of conduct; and ``(C) includes a decision or recommendation that a government should not take action.''. SEC. 10. AMENDMENT OF THE SENTENCING GUIDELINES RELATING TO CERTAIN CRIMES. (a) Directive to Sentencing Commission.--Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission forthwith shall review and amend its guidelines and its policy statements applicable to persons convicted of an offense under section 201, 641, 666, 1951, 1952, or 1962 of title 18, United States Code in order to reflect the intent of Congress that such penalties be increased in comparison to those currently provided by guidelines and policy statements. (b) Requirements.--In carrying out this subsection, the Commission shall-- (1) ensure that the sentencing guidelines and policy statements reflect Congress's intent that the guidelines and policy statements reflect the serious nature of the offenses described in paragraph (1), the growing incidence of such offenses, and the need for an effective deterrent and appropriate punishment to prevent such offenses; (2) consider the extent to which the guidelines may or may not appropriately account for-- (A) the potential and actual harm to the public and the amount of any loss resulting from the offense; (B) the level of sophistication and planning involved in the offense; (C) whether the offense was committed for purposes of commercial advantage or private financial benefit; (D) whether the defendant acted with intent to cause either physical or property harm in committing the offense; (E) the extent to which the offense represented an abuse of trust by the offender and was committed in a manner that undermined public confidence in the Federal, State or local government; and (F) whether the violation was intended to or had the effect of creating a threat to public health or safety, injury to any person or even death; (3) assure reasonable consistency with other relevant directives and with other sentencing guidelines; (4) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges; (5) make any necessary conforming changes to the sentencing guidelines; and (6) assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code. SEC. 11. EXTENSION OF STATUTE OF LIMITATIONS FOR SERIOUS PUBLIC CORRUPTION OFFENSES. (a) In General.--Chapter 213 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 3302. Corruption offenses ``Unless an indictment is returned or the information is filed against a person within 10 years after the commission of the offense, a person may not be prosecuted, tried, or punished for a violation of, or a conspiracy or an attempt to violate the offense in-- ``(1) section 201 or 666; ``(2) section 1341 or 1343, when charged in conjunction with section 1346 and where the offense involves a scheme or artifice to deprive another of the intangible right of honest services of a public official; ``(3) section 1951, if the offense involves extortion under color of official right; ``(4) section 1952, to the extent that the unlawful activity involves bribery; or ``(5) section 1962, to the extent that the racketeering activity involves bribery chargeable under State law, involves a violation of section 201 or 666, section 1341 or 1343, when charged in conjunction with section 1346 and where the offense involves a scheme or artifice to deprive another of the intangible right of honest services of a public official, or section 1951, if the offense involves extortion under color of official right.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 213 of title 18, United States Code, is amended by adding at the end the following new item: ``3302. Corruption offenses.''. (c) Application of Amendment.--The amendments made by this section shall not apply to any offense committed before the date of enactment of this Act. SEC. 12. INCREASE OF MAXIMUM PENALTIES FOR CERTAIN PUBLIC CORRUPTION RELATED OFFENSES. (a) Solicitation of Political Contributions.--Section 602(a)(4) of title 18, United States Code, is amended by striking ``3 years'' and inserting ``10 years''. (b) Promise of Employment for Political Activity.--Section 600 of title 18, United States Code, is amended by striking ``one year'' and inserting ``10 years''. (c) Deprivation of Employment for Political Activity.--Section 601(a) of title 18, United States Code, is amended by striking ``one year'' and inserting ``10 years''. (d) Intimidation To Secure Political Contributions.--Section 606 of title 18, United States Code, is amended by striking ``three years'' and inserting ``10 years''. (e) Solicitation and Acceptance of Contributions in Federal Offices.--Section 607(a)(2) of title 18, United States Code, is amended by striking ``3 years'' and inserting ``10 years''. (f) Coercion of Political Activity by Federal Employees.--Section 610 of title 18, United States Code, is amended by striking ``three years'' and inserting ``10 years''. SEC. 13. ADDITIONAL RICO PREDICATES. (a) In General.--Section 1961(1) of title 18, United States Code, is amended-- (1) by inserting ``section 641 (relating to embezzlement or theft of public money, property, or records),'' after ``473 (relating to counterfeiting),''; (2) by inserting ``section 666 (relating to theft or bribery concerning programs receiving Federal funds),'' after ``section 664 (relating to embezzlement from pension and welfare funds),''; and (3) by inserting ``section 1031 (relating to major fraud against the United States)'' after ``section 1029 (relating to fraud and related activity in connection with access devices),''. (b) Conforming Amendments.--Section 1956(c)(7)(D) of title 18, United States Code, is amended-- (1) by striking ``section 641 (relating to public money, property, or records),''; and (2) by striking ``section 666 (relating to theft or bribery concerning programs receiving Federal funds),''. SEC. 14. ADDITIONAL WIRETAP PREDICATES. Section 2516(1)(c) of title 18, United States Code, is amended-- (1) by inserting ``section 641 (relating to embezzlement or theft of public money, property, or records), section 666 (relating to theft or bribery concerning programs receiving Federal funds),'' after ``section 224 (bribery in sporting contests),''; and (2) by inserting ``section 1031 (relating to major fraud against the United States)'' after ``section 1014 (relating to loans and credit applications generally; renewals and discounts),''. SEC. 15. EXPANDING VENUE FOR PERJURY AND OBSTRUCTION OF JUSTICE PROCEEDINGS. (a) In General.--Section 1512(i) of title 18, United States Code, is amended to read as follows: ``(i) A prosecution under section 1503, 1504, 1505, 1508, 1509, 1510, or this section may be brought in the district in which the conduct constituting the alleged offense occurred or in which the official proceeding (whether or not pending or about to be instituted) was intended to be affected.''. (b) Perjury.-- (1) In general.--Chapter 79 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1624. Venue ``A prosecution under section 1621(1), 1622 (in regard to subornation of perjury under 1621(1)), or 1623 of this title may be brought in the district in which the oath, declaration, certificate, verification, or statement under penalty of perjury is made or in which a proceeding takes place in connection with the oath, declaration, certificate, verification, or statement.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 79 of title 18, United States Code, is amended by adding at the end the following: ``1624. Venue.''. SEC. 16. PROHIBITION ON UNDISCLOSED SELF-DEALING BY PUBLIC OFFICIALS. (a) In General.--Chapter 63 of title 18, United States Code, is amended by inserting after section 1346 the following new section: ``Sec. 1346A. Undisclosed self-dealing by public officials ``(a) Undisclosed Self-Dealing by Public Officials.--For purposes of this chapter, the term `scheme or artifice to defraud' also includes a scheme or artifice by a public official to engage in undisclosed self-dealing. ``(b) Definitions.--As used in this section: ``(1) Official act.--The term `official act'-- ``(A) includes any act within the range of official duty, and any decision, recommendation, or action on any question, matter, cause, suit, proceeding, or controversy, which may at any time be pending, or which may by law be brought before any public official, in such public official's official capacity or in such official's place of trust or profit; ``(B) may be a single act, more than one act, or a course of conduct; and ``(C) includes a decision or recommendation that a government should not take action. ``(2) Public official.--The term `public official' means an officer, employee, or elected or appointed representative, or person acting for or on behalf of the United States, a State, or a subdivision of a State, or any department, agency or branch of government thereof, in any official function, under or by authority of any such department, agency, or branch of government. ``(3) State.--The term `State' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. ``(4) Undisclosed self-dealing.--The term `undisclosed self-dealing' means that-- ``(A) a public official performs an official act for the purpose, in whole or in part, of benefitting or furthering a financial interest of-- ``(i) the public official; ``(ii) the spouse or minor child of a public official; ``(iii) a general business partner of the public official; ``(iv) a business or organization in which the public official is serving as an employee, officer, director, trustee, or general partner; or ``(v) an individual, business, or organization with whom the public official is negotiating for, or has any arrangement concerning, prospective employment or financial compensation; and ``(B) the public official knowingly falsifies, conceals, or covers up material information that is required to be disclosed regarding that financial interest by any Federal, State, or local statute, rule, regulation, or charter applicable to the public official, or knowingly fails to disclose material information regarding that financial interest in a manner that is required by any Federal, State, or local statute, rule, regulation, or charter applicable to the public official.''. (b) Conforming Amendment.--The table of sections for chapter 63 of title 18, United States Code, is amended by inserting after the item relating to section 1346 the following new item: ``1346A. Undisclosed self-dealing by public officials.''. (c) Applicability.--The amendments made by this section apply to acts engaged in on or after the date of the enactment of this Act. SEC. 17. DISCLOSURE OF INFORMATION IN COMPLAINTS AGAINST JUDGES. Section 360(a) of title 28, United States Code, is amended-- (1) in paragraph (2) by striking ``or''; (2) in paragraph (3), by striking the period at the end, and inserting ``; or''; and (3) by inserting after paragraph (3) the following: ``(4) such disclosure of information regarding a potential criminal offense is made to the Attorney General, a Federal, State, or local grand jury, or a Federal, State, or local law enforcement agency.''. SEC. 18. CLARIFICATION OF EXEMPTION IN CERTAIN BRIBERY OFFENSES. Section 666(c) of title 18, United States Code, is amended-- (1) by striking ``This section does not apply to''; and (2) by inserting ``This subsection shall apply to the giving or receiving of `anything of value' that is corruptly solicited, demanded, accepted or agreed to be accepted in subsection (a)(1)(B) and corruptly given, offered, or agreed to be given in subsection (a)(2) shall not include'', before the words ``bona fide salary''. SEC. 19. CERTIFICATIONS REGARDING APPEALS BY UNITED STATES. Section 3731 of title 18, United States Code, is amended by inserting after ``United States attorney'' the following: ``, Deputy Attorney General, Assistant Attorney General, or the Attorney General''.

Clean Up Government Act of 2011 - Amends the federal criminal code to revise and expand prohibitions against bribery, theft of public money, and other public corruption offenses. Expands mail and wire fraud statutes to cover offenses involving any other thing of value (e.g., intangible rights and licenses). Modifies general venue rules for criminal prosecutions to allow prosecutions in any district in which an act in furtherance of an offense is committed. Increases the maximum term of imprisonment from: (1) 10 to 20 years for theft or bribery involving federally-assisted programs; (2) 10 to 20 years for theft and embezzlement of federal money, property, or records; (3) 15 to 20 years for bribery of public officials; and (4) 2 to 5 years for providing gratuities because of an official's or person's official position or for any official act, or for bribery of a witness at a trial, hearing, or other proceeding before any court, any committee of Congress, or any U.S. agency, commission, or officer. Expands the definition of "official act" to include any act within the range of official duty, including any recommendation, which may be a single act, more than one act, or a course of conduct, and which may include a decision or recommendation that a government should not take action. Applies the prohibition against embezzlement or theft of federal money or property to government officials and employees of the District of Columbia. Directs the United States Sentencing Commission to review and amend its guidelines and policy statements relating to public corruption and racketeering offenses to reflect the intent of Congress that penalties for such offenses be increased. Establishes a 10-year limitation period for the prosecution of public corruption crimes involving bribery, extortion, theft of government property, mail fraud, and racketeering. Increases to 10 years the maximum term of imprisonment for: (1) solicitation by federal officers and employees of political contributions from other federal officers and employees, (2) promise of employment made possible by an Act of Congress for political activity, (3) deprivation of such employment for political activity, (4) intimidation to secure political contributions, (5) solicitation and acceptance of contributions in federal offices, and (6) coercion of political activity by federal employees. Includes embezzlement or theft of government money or property, and specified activity relating to major fraud against the United States, as predicates for racketeering prosecutions and wiretaps. Expands the types of perjury and obstruction of justice offenses for which venue lies in the district in which the official proceeding was intended to be affected or in which the conduct constituting the alleged offense occurred. Includes as a prohibited scheme or artifice to defraud any scheme or artifice by a public official to engage in undisclosed self-dealing, as defined in this Act. Amends the federal judicial code to permit the disclosure of information regarding a potential criminal offense by a judge to the Department of Justice (DOJ), a federal, state, or local grand jury, or federal, state, or local law enforcement agents. Permits the U.S. attorney, Deputy Attorney General, Assistant Attorney General, or the Attorney General (currently, only the U.S. attorney) to certify to the district court that an appeal by the United States is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding.

To amend title 18, United States Code, to deter public corruption, and for other purposes.

SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Oil Region National Heritage Area Act''. (b) Definitions.--For the purposes of this Act, the following definitions shall apply: (1) Heritage area.--The term ``Heritage Area'' means the Oil Region National Heritage Area established in section 3(a). (2) Management entity.--The term ``management entity'' means the Oil Heritage Region, Inc., or its successor entity. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The Oil Region of Northwestern Pennsylvania, with numerous sites and districts listed on the National Register of Historic Places, and designated by the Governor of Pennsylvania as one of the State Heritage Park Areas, is a region with tremendous physical and natural resources and possesses a story of State, national, and international significance. (2) The single event of Colonel Edwin Drake's drilling of the world's first successful oil well in 1859 has affected the industrial, natural, social, and political structures of the modern world. (3) Six national historic districts are located within the State Heritage Park boundary, in Emlenton, Franklin, Oil City, and Titusville, as well as 17 separate National Register sites. (4) The Allegheny River, which was designated as a component of the national wild and scenic rivers system in 1992 by Public Law 102-271, traverses the Oil Region and connects several of its major sites, as do some of the river's tributaries such as Oil Creek, French Creek, and Sandy Creek. (5) The unspoiled rural character of the Oil Region provides many natural and recreational resources, scenic vistas, and excellent water quality for people throughout the United States to enjoy. (6) Remnants of the oil industry, visible on the landscape to this day, provide a direct link to the past for visitors, as do the historic valley settlements, riverbed settlements, plateau developments, farmlands, and industrial landscapes. (7) The Oil Region also represents a cross section of American history associated with Native Americans, frontier settlements, the French and Indian War, African Americans and the Underground Railroad, and immigration of Swedish and Polish individuals, among others. (8) Involvement by the Federal Government shall serve to enhance the efforts of the Commonwealth of Pennsylvania, local subdivisions of the Commonwealth of Pennsylvania, volunteer organizations, and private businesses, to promote the cultural, national, and recreational resources of the region in order to fulfill their full potential. (b) Purpose.--The purpose of this Act is to enhance a cooperative management framework to assist the Commonwealth of Pennsylvania, its units of local government, and area citizens in conserving, enhancing, and interpreting the significant features of the lands, water, and structures of the Oil Region, in a manner consistent with compatible economic development for the benefit and inspiration of present and future generations in the Commonwealth of Pennsylvania and the United States. SEC. 3. OIL REGION NATIONAL HERITAGE AREA. (a) Establishment.--There is hereby established the Oil Region National Heritage Area. (b) Boundaries.--The boundaries of the Heritage Area shall include all of those lands depicted on a map entitled ``Oil Region National Heritage Area'', numbered OIRE/20,000 and dated October, 2000. The map shall be on file in the appropriate offices of the National Park Service. The Secretary of the Interior shall publish in the Federal Register, as soon as practical after the date of the enactment of this Act, a detailed description and map of the boundaries established under this subsection. (c) Management Entity.--The management entity for the Heritage Area shall be the Oil Heritage Region, Inc., the locally based private, nonprofit management corporation which shall oversee the development of a management plan in accordance with section 5(b). SEC. 4. COMPACT. To carry out the purposes of this Act, the Secretary shall enter into a compact with the management entity. The compact shall include information relating to the objectives and management of the area, including a discussion of the goals and objectives of the Heritage Area, including an explanation of the proposed approach to conservation and interpretation and a general outline of the protection measures committed to by the Secretary and management entity. SEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY. (a) Authorities of the Management Entity.--The management entity may use funds made available under this Act for purposes of preparing, updating, and implementing the management plan developed under subsection (b). Such purposes may include-- (1) making grants to, and entering into cooperative agreements with, States and their political subdivisions, private organizations, or any other person; (2) hiring and compensating staff; and (3) undertaking initiatives that advance the purposes of the Heritage Area. (b) Management Plan.--The management entity shall develop a management plan for the Heritage Area that-- (1) presents comprehensive strategies and recommendations for conservation, funding, management, and development of the Heritage Area; (2) takes into consideration existing State, county, and local plans and involves residents, public agencies, and private organizations working in the Heritage Area; (3) includes a description of actions that units of government and private organizations have agreed to take to protect the resources of the Heritage Area; (4) specifies the existing and potential sources of funding to protect, manage, and develop the Heritage Area; (5) includes an inventory of the resources contained in the Heritage Area, including a list of any property in the Heritage Area that is related to the themes of the Heritage Area and that should be preserved, restored, managed, developed, or maintained because of its natural, cultural, historic, recreational, or scenic significance; (6) describes a program for implementation of the management plan by the management entity, including plans for restoration and construction, and specific commitments for that implementation that have been made by the management entity and any other persons for the first 5 years of implementation; (7) lists any revisions to the boundaries of the Heritage Area proposed by the management entity and requested by the affected local government; and (8) includes an interpretation plan for the Heritage Area. (c) Deadline; Termination of Funding.-- (1) Deadline.--The management entity shall submit the management plan to the Secretary within 2 years after the funds are made available for this Act. (2) Termination of funding.--If a management plan is not submitted to the Secretary in accordance with this subsection, the management entity shall not qualify for Federal assistance under this Act. (d) Duties of Management Entity.--The management entity shall-- (1) give priority to implementing actions set forth in the compact and management plan; (2) assist units of government, regional planning organizations, and nonprofit organizations in-- (A) establishing and maintaining interpretive exhibits in the Heritage Area; (B) developing recreational resources in the Heritage Area; (C) increasing public awareness of and appreciation for the natural, historical, and architectural resources and sites in the Heritage Area; (D) the restoration of any historic building relating to the themes of the Heritage Area; (E) ensuring that clear signs identifying access points and sites of interest are put in place throughout the Heritage Area; and (F) carrying out other actions that the management entity determines to be advisable to fulfill the purposes of this Act; (3) encourage by appropriate means economic viability in the Heritage Area consistent with the goals of the management plan; (4) consider the interests of diverse governmental, business, and nonprofit groups within the Heritage Area; and (5) for any year in which Federal funds have been provided to implement the management plan under subsection (b)-- (A) conduct public meetings at least annually regarding the implementation of the management plan; (B) submit an annual report to the Secretary setting forth accomplishments, expenses and income, and each person to which any grant was made by the management entity in the year for which the report is made; and (C) require, for all agreements entered into by the management entity authorizing expenditure of Federal funds by any other person, that the person making the expenditure make available to the management entity for audit all records pertaining to the expenditure of such funds. (e) Prohibition on the Acquisition of Real Property.--The management entity may not use Federal funds received under this Act to acquire real property or an interest in real property. SEC. 6. DUTIES AND AUTHORITIES OF THE SECRETARY. (a) Technical and Financial Assistance.-- (1) In general.-- (A) Overall assistance.--The Secretary may, upon the request of the management entity, and subject to the availability of appropriations, provide technical and financial assistance to the management entity to carry out its duties under this Act, including updating and implementing a management plan that is submitted under section 5(b) and approved by the Secretary and, prior to such approval, providing assistance for initiatives. (B) Other assistance.--If the Secretary has the resources available to provide technical assistance to the management entity to carry out its duties under this Act (including updating and implementing a management plan that is submitted under section 5(b) and approved by the Secretary and, prior to such approval, providing assistance for initiatives), upon the request of the management entity the Secretary shall provide such assistance on a reimbursable basis. This subparagraph does not preclude the Secretary from providing nonreimbursable assistance under subparagraph (A). (2) Priority.--In assisting the management entity, the Secretary shall give priority to actions that assist in the-- (A) implementation of the management plan; (B) provision of educational assistance and advice regarding land and water management techniques to conserve the significant natural resources of the region; (C) development and application of techniques promoting the preservation of cultural and historic properties; (D) preservation, restoration, and reuse of publicly and privately owned historic buildings; (E) design and fabrication of a wide range of interpretive materials based on the management plan, including guide brochures, visitor displays, audio- visual and interactive exhibits, and educational curriculum materials for public education; and (F) implementation of initiatives prior to approval of the management plan. (3) Documentation of structures.--The Secretary, acting through the Historic American Building Survey and the Historic American Engineering Record, shall conduct studies necessary to document the industrial, engineering, building, and architectural history of the Heritage Area. (b) Approval and Disapproval of Management Plans.--The Secretary, in consultation with the Governor of Pennsylvania, shall approve or disapprove a management plan submitted under this Act not later than 90 days after receiving such plan. In approving the plan, the Secretary shall take into consideration the following criteria: (1) The extent to which the management plan adequately preserves and protects the natural, cultural, and historical resources of the Heritage Area. (2) The level of public participation in the development of the management plan. (3) The extent to which the board of directors of the management entity is representative of the local government and a wide range of interested organizations and citizens. (c) Action Following Disapproval.--If the Secretary disapproves a management plan, the Secretary shall advise the management entity in writing of the reasons for the disapproval and shall make recommendations for revisions in the management plan. The Secretary shall approve or disapprove a proposed revision within 90 days after the date it is submitted. (d) Approving Changes.--The Secretary shall review and approve amendments to the management plan under section 5(b) that make substantial changes. Funds appropriated under this Act may not be expended to implement such changes until the Secretary approves the amendments. (e) Effect of Inaction.--If the Secretary does not approve or disapprove a management plan, revision, or change within 90 days after it is submitted to the Secretary, then such management plan, revision, or change shall be deemed to have been approved by the Secretary. SEC. 7. DUTIES OF OTHER FEDERAL ENTITIES. Any Federal entity conducting or supporting activities directly affecting the Heritage Area shall-- (1) consult with the Secretary and the management entity with respect to such activities; (2) cooperate with the Secretary and the management entity in carrying out their duties under this Act and, to the maximum extent practicable, coordinate such activities with the carrying out of such duties; and (3) to the maximum extent practicable, conduct or support such activities in a manner that the management entity determines shall not have an adverse effect on the Heritage Area. SEC. 8. SUNSET. The Secretary may not make any grant or provide any assistance under this Act after the expiration of the 15-year period beginning on the date that funds are first made available for this Act. SEC. 9. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY. (a) Notification and Consent of Property Owners Required.--No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage Area until the owner of that private property has been notified in writing by the management entity and has given written consent for such preservation, conservation, or promotion to the management entity. (b) Landowner Withdraw.--Any owner of private property included within the boundary of the Heritage Area shall have their property immediately removed from the boundary by submitting a written request to the management entity. SEC. 10. PRIVATE PROPERTY PROTECTION. (a) Access to Private Property.--Nothing in this Act shall be construed to-- (1) require any private property owner to allow public access (including Federal, State, or local government access) to such private property; or (2) modify any provision of Federal, State, or local law with regard to public access to or use of private property. (b) Liability.--Designation of the Heritage Area shall not be considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on such private property. (c) Recognition of Authority To Control Land Use.--Nothing in this Act shall be construed to modify the authority of Federal, State, or local governments to regulate land use. (d) Participation of Private Property Owners in Heritage Area.-- Nothing in this Act shall be construed to require the owner of any private property located within the boundaries of the Heritage Area to participate in or be associated with the Heritage Area. (e) Effect of Establishment.--The boundaries designated for the Heritage Area represent the area within which Federal funds appropriated for the purpose of this Act may be expended. The establishment of the Heritage Area and its boundaries shall not be construed to provide any nonexisting regulatory authority on land use within the Heritage Area or its viewshed by the Secretary, the National Park Service, or the management entity. SEC. 11. USE OF FEDERAL FUNDS FROM OTHER SOURCES. Nothing in this Act shall preclude the management entity from using Federal funds available under Acts other than this Act for the purposes for which those funds were authorized. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act-- (1) not more than $1,000,000 for any fiscal year; and (2) not more than a total of $10,000,000. (b) 50 Percent Match.--Financial assistance provided under this Act may not be used to pay more than 50 percent of the total cost of any activity carried out with that assistance.

Oil Region National Heritage Area Act - Establishes the Oil Region National Heritage Area in Pennsylvania. Designates the Oil Heritage Region, Inc., to be the management entity for the Area. Directs such entity to: (1) prepare and implement a management plan for the Area, which shall be approved or disapproved by the Secretary of the Interior; (2) assist local governments, regional planning organizations, and nonprofit organizations in establishing and maintaining interpretive exhibits, developing recreational resources, and restoring historic buildings in the Area; and (3) encouraging economic viability in the Area. Prohibits such entity from using Federal funds under this Act to acquire real property. Authorizes the Secretary to provide technical and financial assistance to such entity. Directs the Secretary, acting through the Historic American Building Survey and the Historic American Engineering Record, to conduct studies to document the industrial, engineering, building, and architectural history of the Area. Prohibits any privately owned property from being preserved, conserved, or promoted by the management plan until the owner has been notified and has consented. Requires removal of private property from Area boundaries upon the owner's request. Authorizes appropriations. Limits the Federal assistance match to 50 percent of any activity's total cost.

To establish the Oil Region National Heritage Area.

SECTION 1. SHORT TITLE. This Act may be cited as the ``High Performance Schools Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) American K-12 schools spend over $6 billion annually on energy costs which is more than is spent on books and computers combined. (2) Educators teach and students learn best in an environment that is comfortable, healthy, naturally lit where possible, and in good repair and studies have indicated that student achievement is greater and attendance higher when those conditions are met. (3) Over half of our nation's K-12 schools are more than 40 years old and in need of renovation to reach such standard of efficiency and comfort and 6,000 new schools will be required over the next 10 years to accommodate the growing number of students. (4) Inadequate ventilation in school buildings, poor lighting and acoustical quality, and uncomfortable temperatures can diminish students' capacity to concentrate and excel. (5) Inefficient use of water, either in consumption or from poorly maintained systems, is prevalent in older schools. (6) Using a whole building approach in the design of new schools and the renovation of existing schools--considering how materials, systems, and products connect and overlap and also how a school is integrated on its site and within the surrounding community--will result in high performance school buildings. (7) Adoption of whole building concepts has been shown to result in dramatic improvements in student and teacher performance. (8) Adopting a whole building approach usually results in a lower life-cycle cost for the school building than for a conventionally designed and built building. (9) Systematic use of energy conservation in school construction and renovation projects can save at least one quarter of current energy costs, leaving more money for teachers and educational materials. (10) The use of renewable energy sources such as daylighting, passive solar heating, photovoltaics, wind, geothermal, hydropower, and biomass power in a building already designed to be low-energy can help meet the building's energy needs without added emissions. (11) Using environmentally preferable products and providing for adequate supplies of fresh air will improve indoor air quality and provide healthful school buildings. (12) Most school districts do not have the knowledge of cutting-edge design and technologies to implement optimum efficiency into new school construction or into school renovations. (13) Congress is currently considering legislation that will help school districts build new schools and renovate existing schools. (b) Purpose.--It is the purpose of this Act to assist school districts in the production of high performance elementary and secondary school buildings that are healthful, productive, energy efficient, and environmentally sound. SEC. 3. PROGRAM ESTABLISHMENT AND ADMINISTRATION. (a) Establishment.--There is established in the Department of Education the High Performance Schools Program (hereafter in this Act referred to as the ``Program''). (b) In General.--The Secretary of Education may, through the Program, make grants-- (1) to be provided to school districts to implement the purpose of this Act; (2) to administer the program of assistance to school districts pursuant to this Act; and (3) to promote participation by school districts in the program established by this Act. (c) Grants to Assist School Districts.--Grants under subsection (b)(1) shall be used to achieve energy efficiency performance not less than 30 percent beyond the levels prescribed in the 1998 International Energy Conservation Code as it is in effect for new construction and existing buildings. Grants under such subsection shall be made to school districts that-- (1) have demonstrated a need for such grants in order to respond appropriately to increasing elementary and secondary school enrollments or to make major investments in renovation of school facilities; (2) have demonstrated that the districts do not have adequate funds to respond appropriately to such enrollments or achieve such investments without assistance; and (3) have made a commitment to use the grant funds to develop high performance school buildings in accordance with the plan developed and approved pursuant to subsection (e)(1). (d) Other Grants.-- (1) Grants for administration.--Grants under subsection (b)(2) shall be used to evaluate compliance by school districts with requirements of this Act and in addition may be used for-- (A) distributing information and materials to clearly define and promote the development of high performance school buildings for both new and existing facilities; (B) organizing and conducting programs for school board members, school district personnel, architects, engineers, and others to advance the concepts of high performance school buildings; (C) obtaining technical services and assistance in planning and designing high performance school buildings; and (D) collecting and monitoring data and information pertaining to the high performance school building projects. (2) Grants to promote participation.--Grants under subsection (b)(3) may be used for promotional and marketing activities, including facilitating private and public financing, promoting the use of energy service companies, working with school administrations, students, and communities, and coordinating public benefit programs. (e) Implementation.-- (1) Plans.--Grants under subsection (b) shall be provided only to school districts that, in consultation with State offices of energy and education, have developed plans that the State agency designated by the Governor of the State determines to be feasible and appropriate in order to the achieve the purposes for which such grants were made. (2) Supplementing grant funds.--The State agency referred to in paragraph (1) shall encourage qualifying school districts to supplement their grant funds with funds from other sources in the implementation of their plans. SEC. 4. ALLOCATION OF FUNDS. (a) Governors.--Except as provided in subsection (c), funds appropriated for the implementation of this Act shall be provided to the Governors of the States. Each Governor shall determine the appropriate State agency to administer the program of assistance to school districts under this Act. (b) Purposes.--Except as provided in subsection (c), funds appropriated under section 5 shall be allocated as follows: (1) Seventy percent shall be used to make grants under section 3(b)(1). (2) Fifteen percent shall be used to make grants under section 3(b)(2). (3) Fifteen percent shall be used to make grants under section 3(b)(3). (c) Other Funds.--The Secretary of Education may, through the Program established under section 3(a), retain an amount, not to exceed $300,000 per year, to assist State agencies designated by the Governor in coordinating and implementing such Program. Such funds may be used to develop reference materials to further define the principles and criteria to achieve high performance school buildings. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. For grants under section 3(b) there are authorized to be appropriated $200,000,000 for fiscal year 2001, $210,000,000 for fiscal year 2002, $220,000,000 for fiscal year 2003, $230,000,000 for fiscal year 2004, and such sums as may be necessary for each of the subsequent 6 fiscal years. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Elementary and secondary school.--The term ``elementary school'' and ``secondary school'' shall have the same meaning given such terms in paragraphs (14) and (25) of section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801(14),(25)). (2) High performance school building.--The term ``high performance school building'' refers to a school building which, in its design, construction, operation, and maintenance maximizes use of renewable energy and energy conservation practices, is cost-effective on a life-cycle basis, uses affordable, environmentally preferable, durable materials, enhances indoor environmental quality, protects and conserves water, and optimizes site potential. (3) Renewable energy.--The term ``renewable energy'' means energy produced by solar, wind, geothermal, hydropower, and biomass power.

(Sec. 3) Authorizes the Secretary of Education to make grants, through the Program, for: (1) assisting school districts to implement this Act's purpose; (2) administering the program of assistance to school districts under this Act; and (3) promoting participation by school districts in the Program. Requires grants to assist school districts to be used to achieve energy efficiency performance not less than 30 percent beyond the levels prescribed in the 1998 International Energy Conservation Code as it is in effect for new construction and existing buildings. Requires such grants to be made to school districts that: (1) need to respond appropriately to increasing elementary and secondary school enrollments or to make major investments in renovation of school facilities; (2) do not have adequate funds to do so without such assistance; and (3) are committed to using grant funds to develop high performance school buildings in accordance with an approved plan. Requires grants for administration to be used to evaluate compliance by school districts with requirements of this Act. Allows such grants also to be used to: (1) distribute information and materials to define and promote development of high performance school buildings for new and existing facilities; (2) organize and conduct programs for school board members, school district personnel, architects, engineers, and others to advance the concepts of such buildings; (3) obtain technical services and assistance in planning and designing such buildings; and (4) collect and monitor data and information pertaining to such building projects. Allows grants to promote participation to be used for promotional and marketing activities, including facilitating private and public financing, promoting the use of energy service companies, working with school administrations, students, and communities, and coordinating public benefit programs. Allows grants under this Act to be provided only to school districts that have developed plans that the State agency designated by the Governor of the State determines to be feasible and appropriate. Requires such State agency to encourage qualifying school districts to supplement their grant funds with funds from other sources in the implementation of their plans. (Sec. 4) Requires funds appropriated for the implementation of this Act, with the exception of certain reserved funds, to be provided to the Governors of the States. Directs each Governor to determine the appropriate State agency to administer the program of assistance to school districts. Allocates such funds as follows: (1) 70 percent for grants to assist school districts; (2) 15 percent for grants for administration; and (3) 15 percent for grants to promote participation. Authorizes the Secretary of Education to retain, through the Program, a limited annual amount to assist State agencies designated by the Governor in coordinating and implementing such Program. Allows funds to be used to develop reference materials to further define the principles and criteria to achieve high performance school buildings. (Sec. 5) Authorizes appropriations.

High Performance Schools Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lavender Offense Victim Exoneration Act of 2017'' or the ``LOVE Act of 2017''. SEC. 2. FINDINGS. Congress makes the following findings: (1) During the so-called ``Lavender Scare'', at least 1,000 people were wrongfully dismissed from the Department of State for alleged homosexuality during the 1950s and well into the 1960s. (2) According to the Department of State's Bureau of Diplomatic Security, Department of State employees were forced out of the Department on the grounds that their sexual orientation ostensibly rendered them vulnerable to blackmail and made them security risks. (3) In addition to those wrongfully dismissed, many other patriotic Americans were prevented from joining the Department due to a screening process that was put in place to prevent the hiring of those who, according to the findings of the Bureau of Diplomatic Security, ``seemed like they might be gay or lesbian''. (4) Congress bears a special measure of responsibility as the Department's actions were in part in response to congressional investigations into ``sex perversion of Federal employees'', reports on the employment of ``moral perverts by Government Agencies'', hearings and pressure placed on the Department through the appropriations process and congressional complaints that Foggy Bottom was ``rampant with homosexuals who were sympathetic to Communism and vulnerable to blackmail''. (5) Between 1950 and 1969, the Department of State was required to report on the number of homosexuals fired each year as part of their annual appeals before Committees on Appropriations. (6) Although the worst effects of the ``Lavender Scare'' are behind us, as recently as the early 1990s, the Department of State's security office was investigating State personnel thought to be gay and driving them out of government service as ``security risks''. (7) In 1994, Secretary of State Warren Christopher issued a prohibition against discrimination in the Department of State, including that based on sexual orientation. (8) In 1998, President William Jefferson Clinton signed Executive Order 13087 barring discrimination on the basis of sexual orientation. (9) On January 9, 2017, Secretary of State John Kerry issued a statement regarding the ``Lavender Scare'', saying, ``On behalf of the Department, I apologize to those who were impacted by the practices of the past and reaffirm the Department's steadfast commitment to diversity and inclusion for all our employees, including members of the LGBTI community.''. SEC. 3. DIRECTOR GENERAL REVIEW. (a) Review.--The Director General of the Foreign Service and Director of Human Resources of the Department of State, in consultation with the Historian of the Department of State, shall review all employee terminations that occurred after January 1, 1950, to determine who was wrongfully terminated owing to their sexual orientation, whether real or perceived. (b) Report.--Not later than 270 days after the date of the enactment of this Act, the Director General shall, consistent with applicable privacy regulations, compile the information compiled under subsection (a) in a publicly available report. The report shall include historical statements made by officials of the Department of State and Congress encouraging and implementing policies and tactics that led to the termination of employees due to their sexual orientation. SEC. 4. REPORTS ON REVIEWS. (a) Reviews.--The Secretary of State shall conduct reviews of the consistency and uniformity of the reviews conducted by the Director General under section 3. (b) Reports.--Not later than 270 days after the date of the enactment of this Act, and annually thereafter for 2 years, the Secretary shall submit to Congress a report on the reviews conducted under section 3. Each report shall include any comments or recommendations for continued actions. SEC. 5. ESTABLISHMENT OF RECONCILIATION BOARD. (a) Establishment.--The Secretary of State shall establish, within the Office of Civil Rights of the Department of State, an independent Reconciliation Board to review the reports released by the Director General of the Foreign Service and Director of Human Services under section 3(b). (b) Duties.--The Reconciliation Board shall-- (1) consistent with applicable privacy regulations, contact all employees found to be fired due to the ``Lavender Scare'' or, in the case of deceased former employees, the family members of the employees, to inform them that their termination from the Department of State has been deemed inappropriate and that, if they wish, their employment record can be changed to reflect these findings; (2) designate a point of contact at a senior level position within the Office of the Director General of the Foreign Service and Director of Human Resources to receive oral testimony of any employees or family members of deceased employees mentioned in the report who personally experienced discrimination and termination because of the actual or perceived sexual orientation in order that such testimony may serve as an official record of these discriminatory policies and their impact on United States lives; and (3) provide an opportunity for any former employee not mentioned in the report to bring forth a grievance to the Board if they believe they were terminated due to their sexual orientation. (c) Review of Claims.-- (1) In general.--The Board shall review each claim described in subsection (b) within 150 days of receiving the claim. Lack of paperwork may not be used as a basis for dismissing any claims. (2) Cooperation.--The Department of State shall be responsible for producing pertinent information regarding each claim to prove the employee was not wrongfully terminated. (d) Termination.--The Board shall terminate 5 years after the date of the enactment of this Act. SEC. 6. ISSUANCE OF APOLOGY. (a) Finding.--Secretary of State Kerry delivered the following apology on January 9, 2017: ``Throughout my career, including as Secretary of State, I have stood strongly in support of the LGBTI community, recognizing that respect for human rights must include respect for all individuals. LGBTI employees serve as proud members of the State Department and valued colleagues dedicated to the service of our country. For the last several years, the Department has pressed for the families of LGBTI officers to have the same protections overseas as families of other officers. In 2015, to further promote LGBTI rights throughout the world, I appointed the first ever Special Envoy for the Human Rights of LGBTI Persons. ``In the past--as far back as the 1940s, but continuing for decades--the Department of State was among many public and private employers that discriminated against employees and job applicants on the basis of perceived sexual orientation, forcing some employees to resign or refusing to hire certain applicants in the first place. These actions were wrong then, just as they would be wrong today. ``On behalf of the Department, I apologize to those who were impacted by the practices of the past and reaffirm the Department's steadfast commitment to diversity and inclusion for all our employees, including members of the LGBTI community.'' (b) Congressional Apology.--Congress hereby offers a formal apology for its responsibility in encouraging the ``Lavender Scare'' and similar policies at the Department of State, as these policies were in part a response to congressional investigations into ``sex perversion of Federal employees'', reports on the employment of ``moral perverts by Government Agencies'', and hearings or pressure otherwise placed on the Department of State through the appropriations process. SEC. 7. ESTABLISHMENT OF PERMANENT EXHIBIT ON THE LAVENDER SCARE. (a) In General.--The Secretary of State shall work with the current public-private partnership associated with the Department of State's new United States Diplomacy Center to establish a permanent exhibit on the ``Lavender Scare'' in the museum to assure that the history of this unfortunate episode is not brushed aside. (b) Specifications.--The exhibit-- (1) shall be installed at the museum not later than one year after the date of enactment of this Act; (2) should provide access to the reports compiled by the Director General of the Foreign Service and Director of Human Resources under section 3(b); and (3) shall readily display material gathered from oral testimony received pursuant to section 5(b)(2) from employees or family members of deceased employees who were subject to these discriminatory policies during the ``Lavender Scare''. SEC. 8. GUIDANCE ON ISSUING VISAS. To demonstrate the Department of State's commitment to ensuring fairness for current employees, not later than 100 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report on countries not issuing visas to the spouses of all Foreign Service personnel posted overseas due to their sexual orientation. This report shall include any comments or recommendations for actions, including eliminating visa reciprocity with countries found to be instituting these practices against the spouses of Foreign Service personnel, that will lead to ensuring that all spouses of Foreign Service personnel receive visas for the country their spouse is assigned, regardless of sexual orientation. SEC. 9. ESTABLISHMENT OF ADVANCEMENT BOARD. (a) Establishment.--The Secretary of State shall establish, within the Office of the Director General of the Department of State, a board comprised of senior-level officials to address the issues faced by LGBTQI Foreign Service employees and their families. (b) Hearing of Testimony.--The Advancement Board shall hear testimony from any willing LGBTQI Foreign Service employees and their families regarding any discrimination they have faced due to their sexual orientation. (c) Report.-- (1) In general.--Not later than 100 days after completing collection of testimony described under subsection (b), and annually thereafter for 5 years, the Advancement Board shall submit to Congress a report based on the testimony. (2) Content.--The report required under paragraph (1) shall include any comments or recommendations for continued actions to improve the Department of State to ensure that no employee or their family members experience discrimination due to their sexual orientation. (3) Privacy.--The report required under paragraph (1) shall remain private and will only be accessible to Members of Congress, their appropriate staff, and members of the Advancement Board.

Lavender Offense Victim Exoneration Act of 2017 or the LOVE Act of 2017 This bill requires the Department of State to review employee terminations at the State Department in the 1950s and 1960s to determine who was wrongfully terminated due to their actual or perceived sexual orientation (known as the Lavender Scare). The bill contains an apology from Congress for its role in encouraging the termination of State Department employees based on sexual orientation. The State Department is required to: create a reconciliation board to change the employment records of those affected, to receive oral testimony of those affected, and to allow former employees to bring a grievance if they believe their termination was due to their sexual orientation; create an advancement board to address employment issues of current LGBTQI Foreign Officers; establish a permanent exhibit about the terminations in the State Department's U.S. Diplomacy Center; report to Congress about countries refusing to issue visas to spouses of Foreign Service personnel because of  their sexual orientation.

Lavender Offense Victim Exoneration Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Miles with All Resources and Technology Act''. SEC. 2. DEFINITIONS. In this Act: (1) Commissioner.--The term ``Commissioner'' means the Commissioner of U.S. Customs and Border Protection. (2) High traffic areas.--The term ``high traffic areas'' has the meaning given the term in section 102(e)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended by section 102 of this Act. (3) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (4) Situational awareness.--The term ``situational awareness'' has the meaning given the term in section 1092(a)(7) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328). TITLE I--INFRASTRUCTURE AND EQUIPMENT SEC. 101. STRENGTHENING THE REQUIREMENTS FOR BORDER SECURITY TECHNOLOGY ALONG THE SOUTHERN BORDER. Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Division C of Public Law 104-208; 8 U.S.C. 1103 note) is amended-- (1) in subsection (a)-- (A) by inserting ``and border technology'' before ``in the vicinity of''; and (B) by striking ``illegal crossings in areas of high illegal entry into the United Sates'' and inserting ``, impede, and detect illegal activity in high traffic areas''; (2) in subsection (c)(1), by inserting ``and, pursuant to subsection (d), the installation, operation, and maintenance of technology'' after ``barriers and roads''; and (3) by adding at the end the following new subsections: ``(d) Installation, Operation, and Maintenance of Technology.-- ``(1) In general.--Not later than January 20, 2021, the Secretary of Homeland Security, in carrying out subsection (a), shall deploy the most practical and effective technology available along the United States border for achieving situational awareness and operational control of the border. ``(2) Technology defined.--In this subparagraph, the term `technology' includes border surveillance and detection technology, including-- ``(A) radar surveillance systems; ``(B) Vehicle and Dismount Exploitation Radars (VADER); ``(C) 3-dimensional, seismic acoustic detection and ranging border tunneling detection technology; ``(D) sensors; ``(E) unmanned cameras; ``(F) man-portable and mobile vehicle-mounted unmanned aerial vehicles; and ``(G) any other devices, tools, or systems found to be more effective or advanced than those specified in subparagraphs (A) through (F). ``(e) Definitions.--In this section: ``(1) High traffic areas.--The term `high traffic areas' means sectors along the northern, southern, or coastal border that-- ``(A) are within the responsibility of U.S. Customs and Border Protection; and ``(B) have significant unlawful cross-border activity. ``(2) Situational awareness defined.--The term `situational awareness' has the meaning given the term in section 1092(a)(7) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328).''. SEC. 102. COMPREHENSIVE SOUTHERN BORDER STRATEGY. (a) Comprehensive Strategy.-- (1) Requirement.--Not later than 12 months after the date of the enactment of this Act, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a comprehensive Southern border strategy. (2) Contents.--The strategy submitted under paragraph (1) shall include-- (A) a list of known physical barriers, technologies, tools, and other devices that can be used to achieve and maintain situational awareness and operational control (as such term is defined in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367)) along the southern border; (B) a projected per mile cost estimate for each physical barrier, technology, tool, and other device included on the list required under paragraph (1); (C) a detailed account of which type of physical barrier, technology, tool, or other device the Department believes is necessary to achieve and maintain situational awareness and operational control for each liner mile of the southern border; (D) an explanation for why such physical barrier, technology, tool, or other device was chosen to achieve and maintain situational awareness and operational control for each linear mile of the southern border, including-- (i) the methodology used to determine which type of physical barrier, technology, tool, or other device was chosen for such linear mile; (ii) an examination of existing manmade and natural barriers for each linear mile of the southern border; and (iii) the information collected and evaluated from-- (I) the appropriate U.S. Customs and Border Protection Sector Chief; (II) the Joint Task Force Commander; (III) the appropriate State Governor; (IV) local law enforcement officials; (V) private property owners; and (VI) other affected stakeholders; (E) a per mile cost calculation for each linear mile of the southern border given the type of physical barrier, technology, tool, or other device chosen to achieve and maintain operational control for each linear mile; and (F) a cost justification for each time a more expensive physical barrier, technology, tool, or other device is chosen over a less expensive option, as established by the per mile cost estimates required in subparagraph (B). SEC. 103. ERADICATION OF CARRIZO CANE AND SALT CEDAR. Not later than January 20, 2019, the Secretary, after coordinating with the heads of relevant Federal, State, and local agencies, shall begin eradicating the carrizo cane plant and any salt cedar along the Rio Grande River. TITLE II--GRANTS SEC. 201. OPERATION STONEGARDEN. (a) In General.--Subtitle A of title XX of the Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the following new section: ``SEC. 2009. OPERATION STONEGARDEN. ``(a) Establishment.--There is established in the Department a program, which shall be known as `Operation Stonegarden', under which the Secretary, acting through the Administrator, shall make grants to eligible law enforcement agencies, through the State administrative agency, to enhance border security in accordance with this section. ``(b) Eligible Recipients.--To be eligible to receive a grant under this section, a law enforcement agency-- ``(1) shall be located in-- ``(A) a State bordering Canada or Mexico; or ``(B) a State or territory with a maritime border; and ``(2) shall be involved in an active, ongoing, U.S. Customs and Border Protection operation coordinated through a sector office. ``(c) Permitted Uses.--The recipient of a grant under this section may use such grant for-- ``(1) equipment, including maintenance and sustainment costs; ``(2) personnel, including overtime and backfill, in support of enhanced border law enforcement activities; ``(3) any activity permitted for Operation Stonegarden under the Department of Homeland Security's Fiscal Year 2017 Homeland Security Grant Program Notice of Funding Opportunity; and ``(4) any other appropriate activity, as determined by the Administrator, in consultation with the Commissioner of U.S. Customs and Border Protection. ``(d) Period of Performance.--The Secretary shall award grants under this section to grant recipients for a period of not less than 36 months. ``(e) Report.--For each of the fiscal years 2018 through 2022, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that contains information on the expenditure of grants made under this section by each grant recipient. ``(f) Authorization of Appropriations.--There is authorized to be appropriated $110,000,000 for each of fiscal years 2018 through 2022 for grants under this section.''. (b) Conforming Amendment.--Subsection (a) of section 2002 of the Homeland Security Act of 2002 (6 U.S.C. 603) is amended to read as follows: ``(a) Grants Authorized.--The Secretary, through the Administrator, may award grants under sections 2003, 2004, and 2009 to State, local, and tribal governments, as appropriate.''. (c) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 2008 the following new item: ``Sec. 2009. Operation Stonegarden.''. SEC. 202. SOUTHERN BORDER REGION EMERGENCY COMMUNICATIONS GRANT. (a) In General.--The Secretary, in consultation with the Governors of the States located on the southern border, shall establish a two- year grant program to improve emergency communications in the southern border region. (b) Eligibility for Grants.--An individual is eligible for a grant under this section if the individual demonstrates that the individual-- (1) regularly resides or works in a State on the southern border; and (2) is at greater risk of border violence due to a lack of cellular and LTE network service at the individual's residence or business and the individual's proximity to the southern border. (c) Use of Grants.--Grants awarded under this section may be used to purchase satellite telephone communications systems and services that-- (1) can provide access to 9-1-1 service; and (2) are equipped with receivers for the Global Positioning System.

Secure Miles with All Resources and Technology Act This bill amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to direct the Department of Homeland Security (DHS) to deploy the most practical and effective technology available (such as radar, tunnel detection technology, unmanned aerial vehicles, and sensors) to achieve situational awareness and operational control along the U.S. border. DHS shall submit to Congress a comprehensive southern border strategy, which shall include: (1) a list of known physical barriers, technologies, tools, and other devices to achieve situational awareness and operational control of the border and their related cost estimates; and (2) information from federal, state, local, and private sources. DHS shall begin eradicating the carrizo cane plant and salt cedar along the Rio Grande River. The Homeland Security Act of 2002 is amended to establish Operation Stonegarden in DHS to provide border security grants to law enforcement agencies: (1) in a state bordering Canada or Mexico or a maritime border state or territory, and (2) involved in an ongoing U.S. Customs and Border Protection operation coordinated through a sector office. DHS shall establish a two-year grant program to improve emergency communications in the southern border region for individuals who: (1) reside or work in a southern border state, and (2) are at greater risk of violence due to border proximity and a lack of residential or business cellular and LTE network service. Such grants may be used to purchase satellite telephone communications systems and services that provide access to 9-1-1 service and that are equipped with Global Positioning System receivers.

Secure Miles with All Resources and Technology Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Home Health Equity Act of 1998''. SEC. 2. REVISION OF HOME HEALTH INTERIM PAYMENT FORMULA. (a) Restoration of Cost Limits.--Section 1861(v)(1)(L)(i)(IV) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(i)(IV)) (as added by section 4602 of the Balanced Budget Act of 1997) is amended-- (1) by striking ``105 percent'' and inserting ``112 percent''; and (2) by striking ``median'' and inserting ``mean''. (b) Change in Additions to Cost Limits.--Section 1861(v)(1)(L)(v) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(v)) (as added by section 4602 of the Balanced Budget Act of 1997) is amended to read as follows: ``(v)(I) For services furnished by home health agencies for cost reporting periods beginning on or after October 1, 1997, the Secretary shall provide for an interim system of limits. Payment shall not exceed the costs determined under the preceding provisions of this subparagraph or, if lower, the product of-- ``(aa) an agency-specific per beneficiary annual limitation calculated based 75 percent on the reasonable costs (including nonroutine medical supplies) of the standardized national average cost per patient in calendar year 1994, or best estimate thereof, (as published in the Health Care Financing Review Medicare and Medicaid 1997 Statistical Supplement) and based 25 percent on the reasonable costs (including nonroutine medical supplies) of the standardized regional average cost per patient for the agency's census division in calendar year 1995 (as so published), such national and regional costs updated by the home health market basket index and adjusted pursuant to clause (II); and ``(bb) the agency's unduplicated census count of patients (entitled to benefits under this title) for the cost reporting period subject to the limitation. ``(II) The labor-related portion of the updated national and regional costs described in subclause (I)(aa) shall be adjusted by the area wage index applicable under section 1886(d)(3)(E) for the area in which the agency is located (as determined without regard to any reclassification of the area under section 1886(d)(8)(B) or a decision of the Medicare Geographic Classification Review Board or the Secretary under section 1886(d)(10) for cost reporting periods beginning after October 1, 1995).''. (c) Conforming Amendments.-- (1) Section 1861(v)(1)(L)(vi) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(vi)) (as added by section 4602 of the Balanced Budget Act of 1997) is amended to read as follows: ``(vi) In any case in which the Secretary determines that beneficiaries use services furnished by more than 1 home health agency for purposes of circumventing the per beneficiary annual limitation in clause (v), the per beneficiary limitations shall be prorated among the agencies.''. (2) Section 1861(v)(1)(L)(vii)(I) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(vii)(I)) (as added by section 4602 of the Balanced Budget Act of 1997) is amended by striking ``clause (v)(I)'' and inserting ``clause (v)(I)(aa)''. (d) Effective Date.--The amendments made by this section shall apply as if included in the enactment of the Balanced Budget Act of 1997. SEC. 3. CBO ESTIMATE OF HOME HEALTH PAYMENT SAVINGS. (a) Estimate.--Not later than 60 days after the date of enactment of this Act, and annually thereafter until the prospective payment system for home health agencies established by section 1895 of the Social Security Act (42 U.S.C. 1395fff) is in effect, the Director of the Congressional Budget Office (referred to in this section as the ``Director'') shall estimate the amount of savings to the Medicare program under title XVIII of such Act (42 U.S.C. 1395 et seq.) resulting from the interim payment system for home health services established by the amendments to section 1861 of such Act (42 U.S.C. 1395x) made by section 4602 of the Balanced Budget Act of 1997. (b) Certification.--If the Director determines that the amount estimated under subsection (a) exceeds the amount of savings to the Medicare program that the Director estimated immediately prior to the enactment of the Balanced Budget Act of 1997 by reason of such interim payment system, then the Director shall certify such excess to the Secretary of Health and Human Services (referred to in this subsection as the ``Secretary''). (c) Adjustment.-- (1) In general.--If the Director certifies an amount to the Secretary pursuant to subsection (b), the Secretary shall prescribe rules under which appropriate adjustments are made to the amount of payments to home health agencies otherwise made under subparagraph (L) of section 1861(v)(1) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)) (as amended by section 4602 of the Balanced Budget Act of 1997) in the case of outliers-- (A) where events beyond the home health agency's control or extraordinary circumstances, including the case mix of such agency, create reasonable costs for a payment year which exceed the applicable payment limits; or (B) in any case not described in subparagraph (A) where the Secretary deems such an adjustment appropriate. (2) Amount.--The total amount of adjustments made under paragraph (2) for a year may not exceed the amount certified to the Secretary pursuant to subsection (b) for such year. To the extent that such adjustments in a year would otherwise exceed the amount certified to the Secretary pursuant to subsection (b) for such year, the Secretary shall reduce the payments to home health agencies in a pro rata manner so that the adjustments do not exceed such amount.

Medicare Home Health Equity Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997 (BBA), to: (1) restore the per visit cost limit to 112 percent of the mean (currently, 105 percent of the median) with regard to payments to home health agencies under Medicare; and (2) revise the interim payment system (IPS) for home health agency services. Directs the Director of the Congressional Budget Office to estimate annually the amount of savings to the Medicare program resulting from the IPS for home health agency services that was established by the BBA. Provides that, if the Director determines that the estimated amount exceeds the amount of savings to the Medicare program that the Director estimated immediately prior to enactment of the BBA by reason of such IPS, then the Director shall certify such excess to the Secretary of Health and Human Services. Requires the Secretary, in turn, when an excess is certified, to prescribe rules under which appropriate adjustments are made to the amount of payments to home health agencies in the case of outliers: (1) where events beyond the home health agency's control or extraordinary circumstances, including the agency's case mix, create reasonable costs for a payment year which exceed the applicable payment limits; or (2) in any other case where the Secretary deems such an adjustment appropriate.

Medicare Home Health Equity Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Master Teacher Act of 2001''. SEC. 2. MASTER TEACHER DEMONSTRATION PROJECT. (a) Definitions.--In this section: (1) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Master teacher.--The term ``master teacher'' means a teacher who-- (A) is licensed or credentialed under State law; (B) has been teaching for at least 5 years in a public or private school or institution of higher education; (C) is selected upon application, is judged to be an excellent teacher, and is recommended by administrators and other teachers who are knowledgeable of the individual's performance; (D) at the time of submission of such application, is teaching and based in a public school; (E) assists other teachers in improving instructional strategies, improves the skills of other teachers, performs mentoring, develops curriculum, and offers other professional development; and (F) enters into a contract with the local educational agency to continue to teach and serve as a master teacher for at least 5 additional years. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (b) Establishment of Demonstration Project.-- (1) In general.--Not later than July 1, 2002, the Secretary shall conduct a demonstration project under which the Secretary shall award competitive grants to local educational agencies to increase teacher salaries and employee benefits for teachers who enter into contracts with the local educational agencies to serve as master teachers. (2) Requirements.--In awarding grants under the demonstration project, the Secretary shall-- (A) ensure that grants are awarded under the demonstration project to a diversity of local educational agencies in terms of size of school district, location of school district, ethnic and economic composition of students, and experience of teachers; and (B) give priority to local educational agencies in school districts that have schools with a high proportion of economically disadvantaged students. (c) Applications.--In order to receive a grant under the demonstration project, a local educational agency shall submit an application to the Secretary that contains-- (1) an assurance that funds received under the grant will be used in accordance with this section; and (2) a detailed description of how the local educational agency will use the grant funds to pay the salaries and employee benefits for positions designated by the local educational agency as master teacher positions. (d) Matching Requirement.--The Secretary may not award a grant to a local educational agency under the demonstration project unless the local educational agency agrees that, with respect to costs to be incurred by the agency in carrying out activities for which the grant was awarded, the agency shall provide (directly, through the State, or through a combination thereof) in non-Federal contributions an amount equal to the amount of the grant awarded to the agency. (e) Study and Report.-- (1) In general.--Not later than July 1, 2005, the Secretary shall conduct a study and transmit a report to Congress analyzing the results of the demonstration project conducted under this section. (2) Contents of report.--The report shall include-- (A) an analysis of the results of the project on-- (i) the recruitment and retention of experienced teachers; (ii) the effect of master teachers on teaching by less experienced teachers; (iii) the impact of mentoring new teachers by master teachers; and (iv) the impact of master teachers on student achievement; and (B) recommendations regarding-- (i) continuing or terminating the demonstration project; and (ii) establishing a grant program to expand the project to additional local educational agencies and school districts. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $100,000,000, for the period of fiscal years 2002 through 2006.

Master Teacher Act of 2001 - Directs the Secretary of Education to conduct a demonstration project to increase teacher salaries and employee benefits for teachers who contract with local educational agencies (LEAs) to serve as master teachers. Gives priority to LEAs in school districts that have schools with a high proportion of economically disadvantaged students.

A bill to establish a demonstration project to increase teacher salaries and employee benefits for teachers who enter into contracts with local educational agencies to serve as master teachers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Fraudulent Intercountry Adoption Practices Act of 1996''. SEC. 2. CRIMINAL PROVISIONS. (a) In General.--Title 18 of the United States Code is amended by redesignating chapter 2 as chapter 2B and inserting before such chapter the following: ``CHAPTER 2A--ADOPTION SERVICES ``Sec. ``21. False pretenses in connection with the offering of adoption services. ``22. Placing a child for adoption for compensation. ``23. Definitions. ``24. Effect on State law and regulation. ``CHAPTER 2A--ADOPTION SERVICES ``Sec. 21. False pretenses in connection with the offering of adoption services ``(a) It shall be unlawful for any person, offering to perform any act or render any service in connection with the placement of a child for adoption, to knowingly and willfully falsify, conceal, or cover up by any trick, scheme, or device a material fact, or make any false, fictitious, or fraudulent statements or representations, or make or use any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, in connection with the performance of such act or the rendition of such service or the offer to do so. ``(b) The material facts, documents, and representations referred to in subsection (a) include-- ``(1) information about the political or legal conditions and circumstances prevalent and anticipated in any country in which the legal proceedings of the adoption are to take place and which may affect the adoption process, including, but not limited to, information regarding how such conditions and circumstances may affect the time period in which the adoption process is to be completed; and ``(2) information released by the United States Department of State in the form of travel notices and other advisories regarding the adoption process in any country in which the legal proceedings of the adoption are to take place. ``(c) Any person who violates this section shall be imprisoned not more than 5 years, fined not more than $10,000, or both. ``Sec. 22. Placing a child for adoption for compensation ``(a) It shall be unlawful for any person to knowingly and willfully solicit or receive money or any thing of value, or the promise thereof, for placing or arranging for the placement of any child for adoption under circumstances that would require or result in such child being transported in interstate or foreign commerce. ``(b) Any person who violates this section shall be imprisoned not more than 5 years, fined not more than $10,000, or both. ``(c) This section shall not apply to any person who-- ``(1) solicits or receives money or any thing of value as the bona fide agent of a child care or adoption agency, public or private, which is authorized or licensed by a State to place children for adoption, in exchange for services rendered by the agency; ``(2) solicits or receives reasonable services rendered in connection with the consultation regarding, and the preparation and execution of documents necessary to accomplish, the legal placement of a child for adoption; or ``(3) solicits or receives reasonable fees solely in connection with the consultation regarding, and the rendition of, professional medical services related to the prenatal care of a woman or the delivery, examination, or treatment of a child for adoption. ``Sec. 23. Definitions ``As used in this chapter: ``(1) The term `child' has the meaning given such term in section 101(b)(1)(F) of the Immigration and Nationality Act. ``(2) The term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands. ``Sec. 24. Effect on State law and regulation ``Nothing in this chapter shall be construed to limit or otherwise affect the applicability or validity of any State law or regulation that may govern the placement of children in a home for adoption.''. (b) Clerical Amendment.--The table of chapters for part I of title 18, United States Code, is amended by striking the item relating to chapter 2 and inserting the following: ``2A. Adoption practices.................................... 21 ``2B. Aircraft and motor vehicles........................... 31.''. SEC. 3. SENSE OF THE CONGRESS THAT THERE SHOULD BE CIVIL REMEDIES FOR VICTIMS OF FRAUDULENT ADOPTION PRACTICES. (a) Defrauding Prospective Adoptive Parents; Civil Remedies.--It is the sense of the Congress that-- (1) any person who, having accepted money or anything of value in connection with an offer of, or performance of, any service or act relating to the placement of a child for adoption, has committed a violation of the provisions of chapter 2A of title 18, United States Code, should be liable for damages to any individual who has paid money or anything of value for the performance of such service or act; (2) the district courts of the United States should have jurisdiction to hear such cases regardless of the amount in controversy, and the plaintiff in such actions should be entitled to recover any money or thing of value (or the monetary equivalent thereof) which was provided to the defendant in exchange for the offer or promise to perform the act or service in question, in addition to punitive damages, costs of suit, and attorney's fees, where appropriate; and (3) the court may further impose such other penalties that may be provided for by State or Federal law. (b) Defrauding Birth Mother; Civil Remedies.--It is further the sense of the Congress that-- (1) any person who, having agreed to pay the expenses of a pregnant woman in return for the giving up of the child for adoption, commits an act of fraud in either stating the agreement or in performing it, should, if such woman traveled in interstate or foreign commerce because of the agreement, be liable to such woman for damages incurred as a result of the failure to perform any act or service covered by such agreement; (2) the district courts of the United States should have jurisdiction to hear such cases regardless of the amount in controversy, and the plaintiff in such actions should be entitled to recover such consequential and punitive damages, plus costs of suit and attorney's fees, as may be appropriate; and (3) the court may further impose such other penalties that may be provided for by State or Federal law.

Anti-Fraudulent Intercountry Adoption Practices Act of 1996 - Prohibits any person offering to perform any act or render any service in connection with the placement of a child for adoption from knowingly falsifying or concealing a material fact or from making or using any false document. Defines "material facts, documents, and representations" to include: (1) information about the political or legal conditions and circumstances in any country in which the legal proceedings of the adoption are to take place that may affect the adoption process; and (2) information released by the U.S. Department of State in the form of travel notices and other advisories regarding the adoption process in any such country. Sets penalties for violations. Prohibits knowingly soliciting or receiving money or anything of value for placing any child for adoption under circumstances that require such child to be transported in interstate or foreign commerce, with exceptions. Sets penalties for violations. Expresses the sense of the Congress that there should be civil remedies for victims of fraudulent adoption practices.

Anti-Fraudulent Intercountry Adoption Practices Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Department Civil Rights Transparency Act''. SEC. 2. REPORT BY THE SECRETARY OF EDUCATION. Section 203(b) of the Department of Education Organization Act (20 U.S.C. 3413(b)) is amended by adding at the end the following: ``(3) In addition to the requirements under paragraph (1), the report required under such paragraph shall include the following: ``(A) A list of each of the following: ``(i) Each educational institution against which the Department has received, in the preceding year, 1 complaint alleging that the institution has violated a Federal civil rights law. ``(ii) Each educational institution against which the Department has received, in the preceding year, more than 1 such complaint. ``(iii) Each educational institution against which the Department has received, in the preceding 5 years, more than 3 such complaints. ``(iv) Each educational institution that, during the preceding year, was under investigation by the Department for such a complaint. ``(v) Each educational institution against which the Department has received, in the preceding year, such a complaint for which the Department has not commenced an investigation, and which the Department has not dismissed. ``(vi) Each educational institution against which the Department has received, in the preceding year, such a complaint for which the Department has dismissed without commencing an investigation. ``(B) The list of educational institutions described in subparagraph (A) shall be disaggregated by-- ``(i) each Federal civil rights law that the complaint alleges has been violated by each such institution; ``(ii) type of educational institution; and ``(iii) whether the complaint filed against each such institution was processed by the Department as a systemic or as a class-action complaint. ``(C) The list of educational institutions under subparagraph (A) shall include-- ``(i) the date on which the complaint was filed against each such institution; and ``(ii) the status of the complaint. ``(D) In addition to the requirements of subparagraphs (B) and (C), the list of institutions described in subparagraph (A)(vi) shall include-- ``(i) the procedural or administrative reason for which the complaint was dismissed, including-- ``(I) whether the complaint failed to allege-- ``(aa) a violation of Federal law for which the Department has administrative responsibility or subject matter jurisdiction; or ``(bb) a violation against an educational institution for which the Department has administrative responsibility or personal jurisdiction; and ``(II) whether the complainant failed to submit a consent form; and ``(III) whether the Department offered the complainant an opportunity to correct the procedural or administrative error prior to dismissing the complaint. ``(E) Any resolution agreement or letter between the Department and an educational institution against which a complaint described in paragraph (1) has been filed, which settled the Department's investigation of such complaint. ``(F) Any corrective action levied or remedy obtained for the preceding year against an educational institution for a violation of Federal civil rights law pursuant to a resolution agreement or letter, or other findings document, the status of such corrective actions, and whether the Department is considering extending such corrective actions. ``(G) With respect to each complaint described in subparagraph (A)(vi) which the Department dismissed because the Department lacks the administrative responsibility, or subject matter or personal jurisdiction, for the Federal law that the complaint alleges to have been violated or the educational institution against which the complaint was filed-- ``(i) a list of each such educational institution and each such Federal law; and ``(ii) recommendations on whether Federal legislation is necessary for the Department to address the complaints described in this paragraph. ``(H) With respect to each educational institution against which a complaint described in subparagraph (A) has been filed that the Department investigated and found insufficient evidence to support a finding of a Federal civil rights law violation, a report explaining the basis for such decision. ``(I) With respect to each educational institution that has had a resolution agreement or corrective action that the Department has determined does not need to be extended, a report on the basis for the decision and how such institution improved with respect to compliance with Federal civil rights laws. ``(J) In a case in which a decision by the Department to not pursue a complaint or investigation relating to an alleged violation of a Federal civil rights law was due to the resource constraints of the Department for the preceding year, a description of which resources the Department needs to fully and expeditiously investigate each such complaint received by the Department. ``(K) Any changes made, in the preceding year, to the case processing manual of the Office for Civil Rights of the Department. ``(4) In paragraph (4): ``(A) Complaint.-- ``(i) In general.--The term `complaint' means a written statement to the Department alleging that the rights of one or more persons have been violated and requesting that the Department take action. ``(ii) Exclusions.--The term `complaint' does not include oral allegations that are not reduced to writing, anonymous correspondence, courtesy copies of correspondence or a complaint filed with or otherwise submitted to another person or other entity, or inquiries that seek advice or information but do not seek action or intervention from the Department. ``(B) Educational institution.--The term `educational institution' has the meaning given the term in section 901(c) of the Education Amendments of 1972 (20 U.S.C. 1681(c)). ``(C) Federal civil rights law.--The term `Federal civil rights law' includes-- ``(i) title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); ``(ii) the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.); ``(iii) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); ``(iv) the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); ``(v) the Boy Scouts of America Equal Access Act (20 U.S.C. 7905); ``(vi) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.); and ``(vii) any other law for which the Office for Civil Rights of the Department of Education has administrative responsibility.''. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that the Secretary of Education should protect any personally identifying information of an individual named in a complaint or other document, which may be subject to public release under paragraph (3) of section 203(b) of the Department of Education Organization Act (20 U.S.C. 3413(b)), as added by this Act.

Education Department Civil Rights Transparency Act This bill amends the Department of Education Organization Act to require the Office for Civil Rights of the Department of Education (ED) to include in an annual report to ED, the President, and Congress specified information regarding federal civil rights violations by educational institutions.

Education Department Civil Rights Transparency Act

SECTION 1. SHORT TITLE; PURPOSE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Role Models Academy Demonstration Act''. (b) Purpose.--The purpose of this Act is to establish a Role Models Academy that-- (1) serves as a model, residential, military style magnet school for at-risk youth from around the Nation who cease to attend secondary school before graduation from secondary school; and (2) will foster a student's growth and development by providing a residential, controlled environment conducive for developing leadership skills, self-discipline, citizenship, and academic and vocational excellence in a structured living and learning environment. (c) Definitions.--For the purpose of this Act-- (1) the term ``Academy'' means the academy established under section 3; (2) the term ``former member of the Armed Forces'' means any individual who was discharged or released from service in the Armed Forces under honorable conditions; (3) the term ``local educational agency'' has the meaning given that term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801); (4) the term ``secondary school'' has the meaning given that term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801); and (5) the term ``Secretary'' means the Secretary of Education. SEC. 2. OBJECTIVES. The objectives of this Act are as follows: (1) To provide a comprehensive, coherent, integrated, high quality, cost-effective, residential, education and vocational training academy for the Nation's at-risk youth, designed to meet the entrance demands of colleges and universities and the needs of employers. (2) To establish a comprehensive, national partnership investment model among the Federal Government, States, corporate America, and colleges and universities. (3) To provide for community partnerships among local community leaders, businesses, and churches to provide mentoring to Academy students. (4) To provide for a community partnership between the Academy and the local school system under which model Academy students will serve as mentors to at-risk youth who are attending school to provide such in-school at-risk youth with valuable instruction and insights regarding-- (A) the prevention of drug use and crime; (B) self-restraint; and (C) conflict resolution skills. (5) To provide Academy students with-- (A) the tools to become productive citizens; (B) learning skills; (C) traditional, moral, ethical, and family values; (D) work ethics; (E) motivation; (F) self-confidence; and (G) pride. (6) To provide employment opportunities at the Academy for former members of the Armed Forces and participants in the program assisted under section 1151 of title 10, United States Code (Troops to Teachers Program). (7) To make the Academy available, upon demonstration of success, for expansion or duplication throughout every State, through block grant funding or other means. SEC. 3. ACADEMY ESTABLISHED. The Secretary shall carry out a demonstration program under which the Secretary establishes a four-year, residential, military style academy-- (1) that shall offer at-risk youth secondary school coursework and vocational training, and that may offer precollegiate coursework; (2) that focuses on the education and vocational training of youth at risk of delinquency or dropping out of secondary school; (3) whose teachers are primarily composed of former members of the Armed Forces or participants in the program assisted under section 1151 of title 10, United States Code (Troops to Teachers Program), if such former members or participants are qualified and trained to teach at the Academy; (4) that operates a mentoring program that-- (A) utilizes mentors from all sectors of society to serve as role models for Academy students; (B) provides, to the greatest extent possible, one- to-one mentoring relationships between mentors and Academy students; and (C) involves mentors providing academic tutoring, advice, career counseling, and role models; (5) that may contain a Junior Reserve Officers' Training Corps unit established in accordance with section 2031 of title 10, United States Code; (6) that is housed on the site of any military installation closed pursuant to a base closure law; and (7) if the Secretary determines that the Academy is effective, that serves as a model for similar military style academies throughout the United States.

Role Models Academy Demonstration Act - Directs the Secretary of Education to carry out a demonstration program under which a four-year, residential, military-style academy (the Role Models Academy) is established which: (1) offers at-risk youth secondary school coursework and vocational training (and may offer precollegiate coursework); (2) focuses on the education and vocational training of youth at risk of delinquency or dropping out of secondary school; (3) has a teaching staff primarily composed of former members of the armed forces or participants in the Troops to Teachers Program, if they are qualified and trained to teach at the Academy; (4) operates a mentoring program involving role models from all sectors of society; (5) may contain a Junior Reserve Officers' Training Corps unit; (6) is housed on the site of any military installation closed pursuant to a base closure law; and (7) if effective, serves as a model for similar military-style academies throughout the United States.

Role Models Academy Demonstration Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Enforcement and Trade Deficit Reduction Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States market is widely recognized as one of the most open markets in the world. Average United States tariff rates are very low and the United States has limited, if any, nontariff barriers. (2) With each subsequent round of bilateral, regional, and multilateral trade negotiations, tariffs have been significantly reduced or eliminated for many manufactured goods, leaving nontariff barriers as the most pervasive, significant, and challenging barriers to United States exports and market opportunities. (3) Often the only leverage the United States has to obtain the reduction or elimination of nontariff barriers imposed by foreign countries is to negotiate the amount of tariffs the United States imposes on imports from those foreign countries. (4) The United States has become the world's largest net debtor nation, having run up massive trade deficits since the mid-1970s. (5) Every year since 1976, whether in expansion or recession, the United States has run a deficit in goods and services trade, which weakens and detracts from America's global leadership position. (6) The United States trade deficit in 1993, the year before the North American Free Trade Agreement (NAFTA) went into force, was $135.6 billion. (7) In 2015, the United States had a deficit in the balance of trade in goods and services of $939.8 billion. (8) In 2015, the United States had a trade deficit of $179 billion with countries with which it has free trade agreements. (9) Persistent deficits weaken the United States economy, defense industrial base, and innovation system and increase the likelihood of ownership of large segments of the United States economy by foreign interests. SEC. 3. WITHDRAWAL OF TARIFF CONCESSIONS. (a) In General.--If the Department of Commerce determines pursuant to subsection (c) that-- (1) a tariff or nontariff barrier or policy or practice of the government of a foreign country with respect to United States exports of any product has not been reduced or eliminated in accordance with the terms of a trade agreement entered into between the United States and the foreign country; or (2) a tariff or nontariff barrier or policy or practice of such government with respect to United States exports of any product has been imposed or discovered, the United States Trade Representative shall withdraw any modification of any duty that reduced or eliminated the bound or applied rate of duty on any product that has the same physical characteristics and uses as a product described in paragraph (1) or (2) until such time as the Department of Commerce submits to Congress a certification that the foreign government has reduced or eliminated the tariff or nontariff barrier or policy or practice. (b) Investigation.-- (1) In general.--The Department of Commerce shall initiate an investigation if an interested party files a petition with the Department of Commerce which alleges the elements necessary for the withdrawal of the modification of an existing duty under subsection (a), and which is accompanied by information reasonably available to the petitioner supporting such allegations. (2) Interested party defined.--For purposes of paragraph (1), the term ``interested party'' means-- (A) a manufacturer, producer, or wholesaler in the United States of a domestic product that has the same physical characteristics and uses as the product for which a modification of an existing duty is sought; (B) a certified union or recognized union or group of workers engaged in the manufacture, production, or wholesale in the United States of a domestic product that has the same physical characteristics and uses as the product for which a modification of an existing duty is sought; (C) a trade or business association a majority of whose members manufacture, produce, or wholesale in the United States a domestic product that has the same physical characteristics and uses as the product for which a modification of an existing duty is sought; or (D) a member of the Committee on Ways and Means of the House of Representatives or a member of the Committee on Finance of the Senate. (c) Determination by the Department of Commerce.--Not later than 45 days after the date on which a petition is filed under subsection (b), the Department of Commerce shall-- (1) determine whether the petition alleges the elements necessary for the withdrawal of the modification of an existing duty under subsection (a); and (2) notify the petitioner of the determination under paragraph (1) and the reasons for the determination. SEC. 4. TRADE DEFICIT REDUCTION. (a) Identification.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, and monthly thereafter, the Department of Commerce shall identify each country from which the value of goods and services imported into the United States exceeds twice the value of goods and services that are products of the United States that are exported from the United States to that country. (2) Statistical sources.--For purposes of the calculations described in this section, the Department of Commerce shall use the goods and services trade deficit data compiled by the United States International Trade Commission, specifically-- (A) U.S. Imports for Consumption data, in the case of imports; and (B) U.S. Domestic Exports data, in the case of exports. (3) Exclusion of least developed countries.--For purposes of this subsection, the term ``country'' does not include a country that is identified on the most recent List of Least Developed Countries published by the United Nations Committee for Development Policy. (b) Action by U.S. Customs and Border Protection.--In the case of a country which is identified under subsection (a) for six consecutive months, U.S. Customs and Border Protection shall bar the importation of products from a country identified under subsection (a), other than those granted a waiver under subsection (c), beginning 180 days after the date on which a determination is made under subsection (a) until such time that-- (1) such country is no longer identified under subsection (a); or (2) the President has provided written notice to Congress of the President's intention to enter into negotiations with such country to enter into a trade agreement, or changes to an existing trade agreement, with such country pursuant to section 105(a)(1)(A) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4204(a)(1)(A)). (c) Waiver.--A manufacturer, producer, or wholesaler in the United States may apply to the Department of Commerce to allow the importation of a product from a country identified under subsection (a), which the Department of Commerce shall grant-- (1) if it is shown that such product is not available in sufficient quantities from other sources; and (2) for a period not to exceed one year.

Trade Enforcement and Trade Deficit Reduction Act This bill requires the Office of the U.S. Trade Representative to withdraw tariff concessions granted to a foreign country if the Department of Commerce determines that such country has not reduced or eliminated a tariff or nontariff barrier on U.S. exports in accordance with a trade agreement. Commerce must: (1) initiate an investigation if it receives a petition alleging that a foreign country has not complied with the tariff provisions of a trade agreement, and (2) identify each country (other than a least developed country) whose imports of goods and services to the United States exceed twice the value of U.S. exports to that country over a six month period. The U.S. Customs and Border Protection must bar the importation of products from such a country unless a waiver is granted for such products to a U.S. manufacturer, producer, or wholesaler.

Trade Enforcement and Trade Deficit Reduction Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Preparedness Act of 2016''. SEC. 2. INFORMATION SHARING. Title II of the Homeland Security Act of 2002 is amended-- (1) in section 210A (6 U.S.C. 124h)-- (A) in subsection (b)-- (i) in paragraph (10), by inserting before the semicolon at the end the following: ``, including, in coordination with the national cybersecurity and communications integration center under section 227, accessing timely technical assistance, risk management support, and incident response capabilities with respect to cyber threat indicators, defensive measures, cybersecurity risks, and incidents (as such terms are defined in such section), which may include attribution, mitigation, and remediation, and the provision of information and recommendations on security and resilience, including implications of cybersecurity risks to equipment and technology related to the electoral process''; (ii) in paragraph (11), by striking ``and'' after the semicolon; (iii) by redesignating paragraph (12) as paragraph (14); and (iv) by inserting after paragraph (11) the following new paragraphs: ``(12) review information relating to cybersecurity risks that is gathered by State, local, and regional fusion centers, and incorporate such information, as appropriate, into the Department's own information relating to cybersecurity risks; ``(13) ensure the dissemination to State, local, and regional fusion centers of information relating to cybersecurity risks; and''; (B) in subsection (c)(2)-- (i) by redesignating subparagraphs (C) through (G) as subparagraphs (D) through (H), respectively; and (ii) by inserting after subparagraph (B) the following new subparagraph: ``(C) The national cybersecurity and communications integration center under section 227.''; (C) in subsection (d)-- (i) in paragraph (3), by striking ``and'' after the semicolon; (ii) by redesignating paragraph (4) as paragraph (5); and (iii) by inserting after paragraph (3) the following new paragraph: ``(4) assist, in coordination with the national cybersecurity and communications integration center under section 227, fusion centers in using information relating to cybersecurity risks to develop a comprehensive and accurate threat picture; and''; and (D) in subsection (j)-- (i) by redesignating paragraphs (1) through (5) as paragraphs (2) through (6), respectively; and (ii) by inserting before paragraph (2), as so redesignated, the following new paragraph: ``(1) the term `cybersecurity risk' has the meaning given that term in section 227;''; and (2) in section 227 (6 U.S.C. 148)-- (A) in subsection (c)-- (i) in paragraph (5)(B), by inserting ``, including State and major urban area fusion centers, as appropriate'' before the semicolon at the end; (ii) in paragraph (7), in the matter preceding subparagraph (A), by striking ``information and recommendations'' each place it appears and inserting ``information, recommendations, and best practices''; and (iii) in paragraph (9), by inserting ``and best practices'' after ``defensive measures''; and (B) in subsection (d)(1)(B)(ii), by inserting ``and State and major urban area fusion centers, as appropriate'' before the semicolon at the end. SEC. 3. HOMELAND SECURITY GRANTS. Subsection (a) of section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609) is amended-- (1) by redesignating paragraphs (4) through (14) as paragraphs (5) through (15), respectively; and (2) by inserting after paragraph (3) the following new paragraph: ``(4) enhancing cybersecurity, including preparing for and responding to cybersecurity risks and incidents and developing State-wide cyber threat information analysis and dissemination activities;''. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that to facilitate the timely dissemination to appropriate State, local, and private sector stakeholders of homeland security information related to cyber threats, the Secretary of Homeland Security should, to the greatest extent practicable, work to share actionable information related to cyber threats in an unclassified form. Passed the House of Representatives September 26, 2016. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on September 19, 2016. Cyber Preparedness Act of 2016 (Sec. 2) This bill amends the Homeland Security Act of 2002 to require the Department of Homeland Security's (DHS's) State, Local, and Regional Fusion Center Initiative to coordinate with the national cybersecurity and communications integration center (NCCIC) to provide state, local, and regional fusion centers with expertise on DHS cybersecurity resources. (A fusion center serves as a focal point within the state and local environment for the receipt, analysis, gathering, and sharing of threat-related information between the federal government and state, local, tribal, territorial, and private sector partners.) DHS must: (1) provide timely access to technical assistance, risk management support, and incident response capabilities for cybersecurity threat indicators, defensive measures, risks, and incidents, including cybersecurity risks to equipment and technology related to the electoral process; (2) review cybersecurity risk information gathered by fusion centers to incorporate into DHS's cybersecurity risk information; and (3) disseminate cybersecurity risk information to fusion centers. Fusion center officers or intelligence analysts may be assigned from the NCCIC. Such officers and analysts must assist fusion centers in using cybersecurity risk information to develop a comprehensive and accurate threat picture. The NCCIC may include, and must share analysis and best practices with, state and major urban area fusion centers. (Sec. 3) States, local or tribal governments, or high-risk urban areas receiving grants to protect against terrorism under the Urban Area Security Initiative or the State Homeland Security Grant Program may use the funds to: (1) prepare for and respond to cybersecurity risks and incidents, and (2) develop statewide cyber threat information analysis and dissemination activities. (Sec. 4) The bill expresses the sense of Congress that DHS should share actionable information related to cyber threats in an unclassified form to facilitate timely dissemination to state, local, and private sector stakeholders.

Cyber Preparedness Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Partnering to Detect and Defeat Tunnels Act''. SEC. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) Tunnels have been used for centuries around the world as a means of avoiding detection or circumventing defenses. (2) Tunnels can be used for criminal purposes, such as smuggling drugs, weapons, or humans, or for terrorist or military purposes, such as launching surprise attacks or detonating explosives underneath infrastructure. (3) Tunnels have been a growing threat on the southern border of the United States for many years, and the Department of Homeland Security has been working to address this threat. (4) The conflict in Gaza in 2014 showed that terrorists are now actively using tunnels as a means of attack, and news reports indicate that tunnels are being used in Syria as well. (5) Terrorist organizations are quick to adopt successful tactics, and it is only a matter of time before other terrorist organizations begin using tunnels. (6) The facilities of the United States, and those of the allies of the United States, could be under threat very quickly if tunnel threats continue to proliferate. (b) Sense of Congress.--It is the sense of Congress that-- (1) it is in the best interests of the United States to develop technology to detect and counter tunnels, and the best way to do this is to partner with other affected countries; and (2) Israel is facing serious threats posed by tunnels and should be the first partner of the United States in addressing this significant challenge. SEC. 3. DEVELOPMENT OF TUNNEL DETECTION TECHNOLOGY. (a) Partnerships.-- (1) Israel.--The Secretary of Defense, in coordination with the Secretary of State and the Secretary of Homeland Security, shall seek to enter into an agreement with Israel to partner and coordinate in developing and deploying technologies to detect and counter tunnels, including by-- (A) carrying out research, development, testing, and evaluation activities with respect to tunnel detection technologies; and (B) carrying out operational testing of such technologies in both the United States and Israel. (2) Other allies.--In addition to the agreement described in paragraph (1), the Secretary of Defense, in coordination with the Secretary of State and the Secretary of Homeland Security, may seek to enter into similar agreements with allies of the United States to develop technologies to detect and counter tunnels. (b) Lead Development Agency.--The Secretary of Defense, in coordination with the Secretary of Homeland Security, shall designate a military department or other element of the Department of Defense to carry out subsection (a) as the lead agency of the Federal Government for developing technology to detect and counter tunnels. (c) Lead Intelligence Officer.--The Director of National Intelligence shall designate a senior intelligence officer to manage the collection and analysis of intelligence regarding the tactical use of tunnels by state and non-state actors. (d) Annual Reports.--Not later than 180 days after the date of the enactment of this Act, and each year thereafter through 2020, the Secretary of Defense shall submit to Congress a report containing, with respect to the period covered by each such report, the following: (1) Instances of tunnels being used to attack installations of the United States or allies of the United States. (2) Trends or developments in tunnel attacks throughout the world. (3) Key technologies used and challenges faced by potential adversaries of the United States with respect to using tunnels. (4) The capabilities of the Department of Defense for defending fixed or forward locations from tunnel attacks. (5) Partnerships entered into with allies of the United States under this section, and potential opportunities for increased partnerships with other allies with respect to researching tunnel detection technologies. (6) The plans, including with respect to funding, of the Secretary for countering threats posed by tunnels. (e) Authorization of Appropriations.--In addition to amounts otherwise authorized to be appropriated for fiscal year 2016, to carry out this section there is authorized to be appropriated for fiscal year 2016-- (1) for research, development, test, and evaluation, Army, for sensors and electronic survivability, $5,000,000; (2) for research, development, test, and evaluation, Defense-wide, for the physical security program of the Combating Terrorism Technical Support Office, $8,000,000; and (3) for the Joint Improvised Explosive Device Defeat Fund, $10,000,000.

Partnering to Detect and Defeat Tunnels Act This bill expresses the sense of Congress that: (1) it is in the best interests of the United States to develop technology to detect and counter tunnels, and the best way to do this is to partner with other affected countries; and (2) Israel is facing serious threats posed by tunnels and should be the first U.S. partner in addressing this challenge. The Secretary of Defense: (1) shall seek to enter into an agreement with Israel to partner in developing and deploying technologies to detect and counter tunnels, (2) may seek to enter into similar agreements with U.S. allies, and (3) shall report to Congress annually through 2020.

Partnering to Detect and Defeat Tunnels Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Homebuyer Accessibility Act of 2015''. SEC. 2. VETERAN FIRST-TIME HOMEBUYER TAX CREDIT. (a) In General.--Section 36(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Allowance of Credit.--In the case of an eligible veteran who purchases a principal residence in the United States during the taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for such taxable year an amount equal to 10 percent of the purchase price of the residence.''. (b) Additional Limitation for Adaptive Housing Improvements.-- Section 36(b)(1) of such Code is amended by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively, and by inserting after subparagraph (A) the following new subparagraph: ``(B) Special rule for adaptive housing improvements.--In the case of a principal residence with special fixtures or movable facilities made necessary by the nature of the disability of the veteran, if such fixtures and facilities are-- ``(i) provided to the veteran pursuant to specially adapted housing assistance under chapter 17 or 21 of title 38, United States Code, or ``(ii) similar to such fixtures and facilities that would be provided to the veteran if the veteran received such assistance, then subparagraph (A) shall be increased by the lesser of $8,000 or the portion of the purchase price of the principal residence attributable such fixtures or movable facilities.''. (c) Eligible Veteran.-- (1) In general.--Section 36(c)(1) of such Code is amended by striking ``First-time homebuyer.--The term `first time homebuyer' means any individual'' and inserting ``Eligible veteran.--The term `eligible veteran' means any individual who is a veteran (as defined in section 101(2) of title 38, United States Code)''. (2) Long-time resident.--Section 36(c)(6) of such Code is amended by striking ``treated as a first-time homebuyer'' and inserting ``treated as meeting the no present ownership interest requirement of paragraph (1)''. (d) Recapture of Credit.--Section 36(f) of such Code is amended to read as follows: ``(f) Recapture of Credit.-- ``(1) In general.--If a taxpayer disposes of the principal residence with respect to which a credit was allowed under subsection (a) (or such residence ceases to be the principal residence of the taxpayer (and, if married, the taxpayer's spouse)) before the end of the 36-month period beginning on the date of the purchase of such residence by the taxpayer the tax imposed by this chapter for the taxable year of such disposition or cessation shall be increased by the amount of the credit so allowed. ``(2) Exceptions.-- ``(A) Death of taxpayer.--Paragraph (1) shall not apply to any taxable year ending after the date of the taxpayer's death. ``(B) Involuntary conversion.--Paragraph (1) shall not apply in the case of a residence which is compulsorily or involuntarily converted (within the meaning of section 1033(a)) if the taxpayer acquires a new principal residence during the 2-year period beginning on the date of the disposition or cessation referred to in paragraph (1). Paragraph (1) shall apply to such new principal residence during the 36-month period referred to therein in the same manner as if such new principal residence were the converted residence. ``(C) Transfers between spouses or incident to divorce.--In the case of a transfer of a residence to which section 1041(a) applies-- ``(i) paragraph (1) shall not apply to such transfer, and ``(ii) in the case of taxable years ending after such transfer, paragraph (1) shall apply to the transferee in the same manner as if such transferee were the transferor (and shall not apply to the transferor). ``(D) Special rule for members of the armed forces, etc.-- ``(i) In general.--In the case of the disposition of a principal residence by an individual (or a cessation referred to in paragraph (1)) in connection with Government orders received by such individual, or such individual's spouse, for qualified official extended duty service, paragraph (1) shall not apply to such disposition (or cessation). ``(ii) Qualified official extended duty service.--For purposes of this section, the term `qualified official extended duty service' means service on qualified official extended duty as-- ``(I) a member of the uniformed services, ``(II) a member of the Foreign Service of the United States, or ``(III) an employee of the intelligence community. ``(iii) Definitions.--Any term used in this subparagraph which is also used in paragraph (9) of section 121(d) shall have the same meaning as when used in such paragraph. ``(3) Joint returns.--In the case of a credit allowed under subsection (a) with respect to a joint return, half of such credit shall be treated as having been allowed to each individual filing such return for purposes of this subsection. ``(4) Return requirement.--If the tax imposed by this chapter for the taxable year is increased under this subsection, the taxpayer shall, notwithstanding section 6012, be required to file a return with respect to the taxes imposed under this subtitle.''. (e) Application of Credit.--Section 36(h) of such Code is amended to read as follows: ``(h) Termination.--This section shall not apply to any residence purchased after December 31, 2017.''. (f) Assignment of Credit in Case of Construction.--Section 36 of such Code is amended by adding at the end the following new subsection: ``(i) Credit May Be Assigned.-- ``(1) In general.--In the case of a residence constructed by the taxpayer, if such taxpayer elects the application of this subsection for any taxable year, any portion of the credit determined under this section which is attributable to an increase under subparagraph (B) of subsection (b)(1) for such year which would (but for this subsection) be allowable to the taxpayer may be assigned to any person who is an eligible designee. The person so designated shall be allowed the amount of the credit so assigned and shall be treated as the taxpayer with respect to such credit for purposes of this title (other than this paragraph), except that such credit shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Eligible designee.--For purposes of paragraph (1), the term `eligible designee' means any person who, with respect to the residence, provides or installs any improvements, special fixtures, or movable facilities to which the credit is attributable under subparagraph (B) of subsection (b)(1). ``(3) Election requirements.--Any election under paragraph (1) shall include such information and shall be made at such time, and in such form and manner, as the Secretary shall by regulation prescribe.''. (g) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the portion of the veteran first-time homebuyer credit assigned to the taxpayer to which the second sentence of section 36(i)(1) applies,''. (2) The heading for section 1400C(e)(4) of such Code is amended by striking ``national first-time homebuyers credit'' and inserting ``veteran first-time homebuyers credit''. (h) Clerical Amendments.-- (1) The heading for section 36 of such Code is amended to read as follows: ``SEC. 36. VETERAN FIRST-TIME HOMEBUYER CREDIT.''. (2) The item relating to section 36 in the table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended to read as follows: ``Sec. 36. Veteran first-time homebuyer credit.''. (i) Effective Date.--The amendments made by this section shall apply to residences purchased after the date of the enactment of this Act. SEC. 3. VETERAN HOME MOBILITY IMPROVEMENT CREDIT. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 37 the following new section: ``SEC. 36C. VETERAN HOME MOBILITY IMPROVEMENT CREDIT. ``(a) In General.--In the case of a veteran, there shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to the amount paid or incurred by the taxpayer for qualified adaptive housing improvements for the taxable year. ``(b) Limitation.--The credit allowed under subsection (a) shall not exceed $8,000. ``(c) Qualified Adaptive Housing Improvement.--For purposes of this section, the term `qualified adaptive housing improvement' means special fixtures or movable facilities with respect to the principal residence of the veteran which are made necessary by the nature of the disability of the veteran, if such fixtures and facilities are-- ``(1) provided to the veteran pursuant to specially adapted housing assistance under chapter 17 or 21 of title 38, United States Code, or ``(2) similar to such fixtures and facilities that would be provided to the veteran if the veteran received such assistance. ``(d) Credit May Be Assigned.-- ``(1) In general.--If the taxpayer elects the application of this subsection for any taxable year, any portion of the credit under this section for such year which would (but for this subsection) be allowable to the taxpayer may be assigned to any person who is an eligible designee. The person so designated shall be allowed the amount of the credit so assigned and shall be treated as the taxpayer with respect to such credit for purposes of this title (other than this paragraph), except that such credit shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Eligible designee.--For purposes of paragraph (1), the term `eligible designee' means any person who, with respect to the residence, provides or installs any qualified adaptive housing improvements to which the credit under this section is attributable. ``(3) Election requirements.--Any election under paragraph (1) shall include such information and shall be made at such time, and in such form and manner, as the Secretary shall by regulation prescribe.''. (b) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``36C,'' after ``36B,''. (2) Section 38(b) of the Internal Revenue Code of 1986, as amended by section 2, is amended by striking ``plus'' 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) the portion of the veteran home mobility improvement credit assigned to the taxpayer to which the second sentence of section 36C(d)(1) applies.''. (3) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before the item relating to section 37 the following new item: ``Sec. 36C. Veteran home mobility improvement credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014.

Veterans Homebuyer Accessibility Act of 2015 This bill amends the Internal Revenue Code, with respect to the tax credit for first-time homebuyers, to: (1) allow a veteran of the Armed Forces a tax credit for 10% of the purchase price of a principal residence purchased prior to January 1, 2018; (2) allow an additional credit for the cost, not exceeding $8,000 in a taxable year, of installing special fixtures or movable facilities in a residence to accommodate a disability of the veteran; and (3) require a recapture of credit amounts if the veteran sells such residence within 36 months after purchasing it.

Veterans Homebuyer Accessibility Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Macau Policy Act of 1999''. SEC. 2. FINDINGS AND DECLARATIONS. The Congress makes the following findings and declarations: (1) The Congress recognizes that under the April 13, 1987, Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macau-- (A) the People's Republic of China and the Republic of Portugal have agreed that the People's Republic of China will resume the exercise of sovereignty over Macau on December 20, 1999, and until that time, Portugal will be responsible for the administration of Macau; (B) the Macau Special Administrative Region of the People's Republic of China, beginning on December 20, 1999, will continue to enjoy a high degree of autonomy on all matters other than defense and foreign affairs; (C) there is provision for implementation of a ``one country, two systems'' policy, under which Macau will retain its current lifestyle and legal, social, and economic systems until at least the year 2049; (D) the legislature of the Macau Special Administrative Region has been constituted by elections; and (E) provision is made for the continuation in force of agreements implemented as of December 20, 1999, and for the ability of the Macau Special Administrative Region to conclude new agreements. (2) The Congress declares its wish to see full implementation of the provisions of the Joint Declaration. (3) The Congress supports the policies and decisions reflected in the Joint Declaration. (4) It is the sense of the Congress that-- (A) Macau's continued economic prosperity furthers United States interests in the People's Republic of China and Asia; (B) support for democratization is a fundamental principle of United States foreign policy, and as such, that principle naturally applies to United States policy toward Macau, now and after December 19, 1999; and (C)(i) the human rights of the people of Macau are of great importance to the United States and are directly relevant to United States interests in Macau; (ii) a fully successful transition in the exercise of sovereignty over Macau must safeguard human rights in and of themselves; and (iii) human rights also serve as a basis for Macau's continued economic prosperity. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``Macau'' means, prior to December 20, 1999, the Portuguese Dependent Territory of Macau, and on and after December 20, 1999, the Macau Special Administrative Region of the People's Republic of China; (2) the term ``Joint Declaration'' means the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macau, of April 13, 1987; and (3) the term ``laws of the United States'' means provisions of law enacted by the Congress. TITLE I--POLICY SEC. 101. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) the United States should play an active role before, on, and after December 20, 1999, in maintaining Macau's confidence and prosperity, Macau's unique cultural heritage, and the mutually beneficial ties between the people of the United States and the people of Macau; and (2) through its policies, the United States should contribute to Macau's ability to maintain a high degree of autonomy in matters other than defense and foreign affairs as promised by the People's Republic of China and the Republic of Portugal in the Joint Declaration, particularly with respect to such matters as trade, commerce, law enforcement, finance, monetary policy, aviation, shipping, communications, tourism, cultural affairs, sports, and participation in international organizations, consistent with the national security and other interests of the United States. TITLE II--THE STATUS OF MACAU IN UNITED STATES LAW SEC. 201. CONTINUED APPLICATION OF UNITED STATES LAW. (a) In General.--Notwithstanding any change in the exercise of sovereignty over Macau, and subject to subsections (b) and (c), the laws of the United States shall continue to apply with respect to Macau, on and after December 20, 1999, in the same manner as the laws of the United States were applied with respect to Macau before such date unless otherwise expressly provided by law or by Executive order under section 202. (b) International Agreements.--For all purposes, including actions in any court of the United States, the Congress approves of the continuation in force on and after December 20, 1999, of all treaties and other international agreements, including multilateral conventions, entered into before such date between the United States and Macau, or entered into force before such date between the United States and the Republic of Portugal and applied to Macau, unless or until terminated in accordance with law. If, in carrying out this title, the President determines that Macau is not legally competent to carry out its obligations under any such treaty or other international agreement, or that the continuation of Macau's obligations or rights under any such treaty or other international agreement is not appropriate under the circumstances, the President shall promptly notify the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate concerning such determination, and shall take appropriate action to modify or terminate such treaty or other international agreement. (c) Export Controls.--Notwithstanding subsection (a) or any other provision of law, the President shall establish with respect to Macau, within 90 days after the date of the enactment of this Act, such export control policies and regulations as he determines to be advisable in the national security interests of the United States. SEC. 202. PRESIDENTIAL ORDER. (a) Presidential Determination.--On or after December 20, 1999, whenever the President determines that Macau is not sufficiently autonomous to justify treatment under a particular law of the United States, or any provision thereof, different from that accorded the People's Republic of China, the President may issue an Executive order suspending the application of section 201(a) to such law or provision of law. The President shall promptly notify the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate concerning any such determination. (b) Factor for Consideration.--In making a determination under subsection (a) with respect to the application of a law of the United States, or any provision thereof, to Macau, the President should consider the terms, obligations, and expectations expressed in the Joint Declaration with respect to Macau. (c) Publication in Federal Register.--Any Executive order issued under subsection (a) shall be published in the Federal Register and shall specify the law or provision of law affected by the order. (d) Termination of Suspension.--An Executive order issued under subsection (a) may be terminated by the President with respect to a particular law or provision of law whenever the President determines that Macau has regained sufficient autonomy to justify treatment under the law or provision of law in question. Notice of any such termination shall be published in the Federal Register. SEC. 203. RULES AND REGULATIONS. The President is authorized to prescribe such rules and regulations as the President considers appropriate to carry out this Act. SEC. 204. CONSULTATION WITH CONGRESS. In carrying out this title, the President shall consult appropriately with the Congress. TITLE III--REPORTING PROVISIONS SEC. 301. REPORTING REQUIREMENT. Not later than 90 days after the date of the enactment of this Act, and not later than March 31 of each of the years 2000, 2001, and 2002, the Secretary of State shall transmit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate a report on conditions in Macau of interest to the United States. This report shall cover (in the case of the initial report) the period since the date of the enactment of this Act or (in the case of subsequent reports) the period since the most recent report pursuant to this section, and shall describe-- (1) significant developments in United States relations with Macau; (2) significant developments related to the change in the exercise of sovereignty over Macau affecting United States interests in Macau or United States relations with Macau and the People's Republic of China; (3) steps taken by the United States to implement section 201(c) (relating to export controls with respect to Macau), including any significant problems or other developments arising with respect to the application of United States export controls to Macau; (4) the laws of the United States with respect to which the application of section 201(a) (relating to the application of United States laws to Macau) has been suspended pursuant to section 202(a) or with respect to which such a suspension has been terminated pursuant to section 202(d), and the reasons for the suspension or termination, as the case may be; (5) the treaties and other international agreements with respect to which the President has made a determination described in the last sentence of section 201(b) (relating to the application of treaties and other international agreements to Macau), the reasons for each such determination, and the steps taken as a result of such determination; (6) the development of democratic institutions in Macau; (7) compliance by the Government of the People's Republic of China and the Government of the Republic of Portugal with their obligations under the Joint Declaration; and (8) the nature and extent of Macau's participation in multilateral forums. SEC. 302. SEPARATE PART OF COUNTRY REPORTS. Whenever a report is transmitted to the Congress on a country-by- country basis, there shall be included in such report, where applicable, a separate subreport on Macau under the heading of the state that exercises sovereignty over Macau.

Title II: The Status of Macau in United States Law - Declares that U.S. laws (including treaties and international agreements and export controls the President determines is in the national security interest of the United States) shall continue to apply to Macau on or after December 20, 1999, unless otherwise expressly provided by law or by Executive order. (Sec. 202) Authorizes the President, whenever it is determined that Macau is not sufficiently autonomous to justify treatment under a particular U.S. law different from that accorded China, to issue an Executive order suspending the application of U.S. law. (Sec. 204) Directs the President to consult with Congress in carrying out this title. Title III: Reporting Provisions - Directs the Secretary of State to report to specified congressional committees on conditions in Macau of interest to the United States, including: (1) significant developments in U.S. relations with Macau (including the change in the exercise of sovereignty over it affecting U.S. interests there or the U.S. relations with Macau and China; (2) any significant problems or other developments arising with respect to the application of U.S. export controls to Macau; (3) the suspension (or termination of such suspension) with respect to the application of U.S. laws to Macau; (4) the application of treaties and other international agreements to Macau; (5) the development of democratic institutions in Macau; and (6) compliance by China and Portugal with their obligations under the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macau, dated April 13, 1987.

United States-Macau Policy Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhanced Dental Care for Veterans Act of 2013''. SEC. 2. RESTORATIVE DENTAL SERVICES FOR VETERANS. Section 1710(c) of title 38, United States Code, is amended-- (1) in the second sentence-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting ``(1)'' after ``(c)''; (3) by striking ``The Secretary'' and inserting the following: ``(2) The Secretary''; and (4) by adding at the end the following new paragraph: ``(3) In addition to the dental services, treatment, and appliances authorized to be furnished by paragraph (2), the Secretary may furnish dental services and treatment, and dental appliances, needed to restore functioning in a veteran that is lost as a result of any services or treatment furnished under this subsection.''. SEC. 3. PILOT PROGRAM ON EXPANSION OF FURNISHING OF DENTAL CARE TO ALL ENROLLED VETERANS. (a) Pilot Program Required.--Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a pilot program to assess the feasibility and advisability of furnishing dental care to veterans enrolled in the system of patient enrollment under section 1705 of title 38, United States Code, who are not eligible for dental services and treatment, and related dental appliances, under current authorities. (b) Duration of Pilot Program.--The pilot program shall be carried out during the three-year period beginning on the date of the commencement of the pilot program. (c) Locations.-- (1) In general.--The Secretary shall carry out the pilot program at not fewer than 16 locations as follows: (A) Four Department of Veterans Affairs medical centers with an established dental clinic. (B) Four Department medical centers with a current contract for the furnishing of dental care. (C) Four Community-Based Outpatient Clinics (CBOCs) with space available for the furnishing of services and treatment under the pilot program. (D) Four facilities selected from among Federally Qualified Health Centers (FQHCs) and Indian Health Service facilities with established dental clinics, of which-- (i) at least one facility shall be such an Indian Health Service facility; and (ii) any Indian Health Service facility so selected shall be selected in consultation with the Secretary of Health and Human Services. (2) Considerations.--In selecting locations for the pilot program, the Secretary shall consider the feasibility and advisability of selecting locations in each of the following: (A) Rural areas. (B) Areas that are not in close proximity to an active duty military installation. (C) Areas representing different geographic locations, such as census tracts established by the Bureau of Census. (d) Scope of Services.--The dental services and treatment furnished to veterans under the pilot program shall be consistent with the dental services and treatment furnished by the Secretary to veterans with service-connected disabilities rated 100 percent disabling under the laws administered by the Secretary. (e) Voluntary Participation.--The participation of a veteran in the pilot program shall be at the election of the veteran. (f) Limitation on Amount of Services.-- (1) In general.--Except as provided in paragraph (3), the total amount the Secretary may expend furnishing dental services and treatment to any veteran participating in the pilot program during any one-year period may not exceed such amount as the Secretary determines appropriate. The amount so determined may not be less than $1,000. (2) Consultation.--The Secretary shall make the determination under paragraph (1)-- (A) in consultation with the Director of the Indian Health Service; and (B) in consultation with the Director of the Centers for Medicare and Medicaid Services if one or more Federally Qualified Health Centers is selected as a location for the pilot program under subsection (c)(1)(D). (3) Services in excess of limitation amount.--The total amount expended by the Secretary in furnishing dental services and treatment to a particular veteran participating in the pilot program during a one-year period may exceed the amount determined under paragraph (1) if the Secretary determines, before furnishing such services and treatment, based on an examination of the veteran by a dentist participating in the pilot program that the furnishing of such services and treatment is necessary. Any determination under this paragraph shall be made on a case-by-case basis. (g) Copayments.--The Secretary may collect copayments for dental services and treatment furnished under the pilot program in accordance with authorities on the collection of copayments for medical care of veterans under chapter 17 of title 38, United States Code. (h) Program Administration.-- (1) Notice to covered veterans on pilot program.--In carrying out the pilot program, the Secretary shall inform all veterans eligible to participate in the pilot program of the services and treatment available under the pilot program. (2) Contracts.--In carrying out the pilot program, the Secretary may enter into contracts with appropriate entities for the provision of dental services and treatment under the pilot program. Each such contract shall specify performance standards and metrics and processes for ensuring compliance of the contractor concerned with such performance standards. (i) Reports.-- (1) Preliminary reports.-- (A) In general.--Not later than each of one year and three years after the date of the commencement of the pilot program, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (B) Contents.--Each report under subparagraph (A) shall include the following: (i) A description of the implementation and operation of the pilot program. (ii) The number of veterans receiving services and treatment under the pilot program, and a description of the dental services and treatment furnished to such veterans. (iii) An analysis of the costs and benefits of the pilot program, including a comparison of costs and benefits by location type. (iv) The current findings and conclusions of the Secretary with respect to the pilot program. (v) Such recommendations for the continuation or expansion of the pilot program as the Secretary considers appropriate. (2) Final report.-- (A) In general.--Not later than 180 days after the completion of the pilot program, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (B) Contents.--The report under subparagraph (A) shall include the following: (i) The findings and conclusions of the Secretary with respect to the pilot program. (ii) Such recommendations for the continuation or expansion of the pilot program as the Secretary considers appropriate. SEC. 4. PROGRAM ON EDUCATION TO PROMOTE DENTAL HEALTH IN VETERANS. (a) Program Required.-- (1) In general.--The Secretary of Veterans Affairs shall carry out a program of education to promote dental health for veterans who are enrolled in the system of patient enrollment of the Department of Veterans Affairs under section 1705 of title 38, United States Code. (2) Construction.--Nothing in the program shall be deemed to alter or revise the eligibility of any veteran for dental care under the laws administered by the Secretary. (b) Elements.--The program required by subsection (a) shall provide education for veterans on the following: (1) The association between dental health and overall health and well-being. (2) Proper techniques for dental care. (3) Signs and symptoms of commonly occurring dental issues, including caries. (4) Treatment options for commonly occurring dental issues. (5) Options for obtaining access to dental care, including information on eligibility for dental care through the Department and on purchasing private dental insurance. (6) Options for obtaining low or no-cost dental care, including through dental schools and Federally Qualified Health Centers. (7) Such other matters relating to dental health as the Secretary considers appropriate. (c) Delivery of Educational Materials.-- (1) In general.--The Secretary shall provide educational materials to veterans under the program required by subsection (a) through a variety of mechanisms, including the following: (A) The availability and distribution of print materials at Department facilities, including medical centers, clinics, Vet Centers, and readjustment counseling centers. (B) The availability and distribution of materials over the Internet, including through webinars and My HealtheVet. (C) Presentations of information, including both small group and large group presentations. (2) Selection of mechanisms.--In selecting mechanisms for purposes of this subsection, the Secretary shall select mechanisms designed to maximize the number of veterans who receive education under the program. SEC. 5. INFORMATION ON DENTAL SERVICES FOR INCLUSION IN ELECTRONIC MEDICAL RECORDS UNDER DENTAL INSURANCE PILOT PROGRAM. (a) In General.--Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall expand the dental insurance pilot program established by section 17.169 of title 38, Code of Federal Regulations, to establish a mechanism by which private sector dental care providers may forward to the Department of Veterans Affairs information on dental care furnished to individuals under the pilot program for inclusion in the electronic medical records of the Department with respect to such individuals. (b) Construction With Current Pilot Program Requirements.-- (1) In general.--Nothing in this section shall be construed to revise eligibility for participation in, or the locations of, the pilot program referred to in subsection (a). (2) Duration.--The Secretary may continue the pilot program for two years in addition to the duration otherwise provided for the pilot program in section 17.169 of title 38, Code of Federal Regulations, if the Secretary determines that the continuation is needed to assess the mechanism required by subsection (a). (3) Voluntary participation in mechanism.--The participation in the mechanism required by subsection (a) of an individual otherwise participating in the pilot program shall be at the election of the individual. (c) Inclusion of Information on Mechanism in Reports.--Each report to Congress on the pilot program after the date of the commencement of the mechanism required by subsection (a) shall include information on the mechanism, including a current assessment of the feasibility and advisability of using the mechanism to include information on dental care furnished to individuals in the electronic medical records of the Department with respect to such individuals.

Enhanced Dental Care for Veterans Act of 2013 - Authorizes the Secretary of Veterans Affairs (VA) to furnish additional dental services and treatment, and dental appliances, needed to restore functioning in a veteran that is lost due to VA services or treatment furnished to such veteran. Directs the Secretary to: (1) carry out a three-year pilot program for furnishing dental care to veterans not otherwise eligible for dental services and treatment under current VA programs, (2) carry out a program of education to promote dental health for veterans, and (3) enable private sector dental care providers to submit information on dental care provided to veterans under the pilot program for inclusion in VA electronic medical records.

Enhanced Dental Care for Veterans Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Directing Dollars to Disaster Relief Act of 2015''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``administrative cost''-- (A) means a cost incurred by the Agency in support of the delivery of disaster assistance for a major disaster; and (B) does not include a cost incurred by a grantee or subgrantee; (2) the term ``Administrator'' means the Administrator of the Agency; (3) the term ``Agency'' means the Federal Emergency Management Agency; (4) the term ``direct administrative cost'' means a cost incurred by a grantee or subgrantee of a program authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) that can be identified separately and assigned to a specific project; (5) the term ``hazard mitigation program'' means the hazard mitigation grant program authorized under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c); (6) the term ``individual assistance program'' means the individual assistance grant program authorized under sections 408, 410, 415, 416, 426, and 502(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174, 5177, 5182, 5183, 5189d, and 5192(a)); (7) the term ``major disaster'' means a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); (8) the term ``mission assignment'' has the meaning given the term in section 641 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 741); and (9) the term ``public assistance program'' means the public assistance grant program authorized under sections 403(a)(3), 406, 418, 419, 428, and 502(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b(a)(3), 5172, 5185, 5186, 5189f, and 5192(a)). SEC. 3. INTEGRATED PLAN FOR ADMINISTRATIVE COST REDUCTION. (a) In General.--Not later than 365 days after the date of enactment of this Act, the Administrator shall-- (1) develop and implement an integrated plan to control and reduce administrative costs for major disasters, which shall include-- (A) steps the Agency will take to reduce administrative costs; (B) milestones needed for accomplishing the reduction of administrative costs; (C) strategic goals for the average annual percentage of administrative costs of major disasters for each fiscal year; (D) the assignment of clear roles and responsibilities, including the designation of officials responsible for monitoring and measuring performance; and (E) a timetable for implementation; (2) compare the costs and benefits of tracking the administrative cost data for major disasters by the public assistance, individual assistance, hazard mitigation, and mission assignment programs, and if feasible, track this information; and (3) clarify Agency guidance and minimum documentation requirements for a direct administrative cost claimed by a grantee or subgrantee of a public assistance grant program. (b) Congressional Update.--Not later than 90 days after the date of enactment of this Act, the Administrator shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the plan required to be developed under subsection (a)(1). (c) Updates.--If the Administrator modifies the plan or the timetable under subsection (a), the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report notifying Congress of the modification, which shall include the details of the modification. SEC. 4. REPORTING REQUIREMENT. (a) Annual Report.--Not later than November 30 of each year for 7 years beginning on the date of enactment of this Act, the Administrator shall submit to Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the development and implementation of the integrated plan required under section 3 for the previous fiscal year. (b) Report Updates.-- (1) Three year update.--Not later than 3 years after the date on which the Administrator submits a report under subsection (a), the Administrator shall submit an updated report for the previous 3-fiscal-year period. (2) Five year update.--Not later than 5 years after the date on which the Administrator submits a report under subsection (a), the Administrator shall submit an updated report for the previous 5- fiscal-year period. (c) Contents of Reports.--Each report required under subsections (a) and (b) shall contain, at a minimum-- (1) the total amount spent on administrative costs for the fiscal year period for which the report is being submitted; (2) the average annual percentage of administrative costs for the fiscal year period for which the report is being submitted; (3) an assessment of the effectiveness of the plan developed under section 3(a)(1); (4) an analysis of-- (A) whether the Agency is achieving the strategic goals established under section 3(a)(1)(C); and (B) in the case of the Agency not achieving such strategic goals, what is preventing the Agency from doing so; (5) any actions the Agency has identified as useful in improving upon and reaching the goals for administrative costs established under section 3(a)(1)(C); and (6) any data described in section 3(a)(2), if the Agency determines it is feasible to track such data. (d) Public Availability.--Not later than 30 days after the date on which the Administrator submits a report to Congress under this section, the Administrator shall make the report publicly available on the website of the Agency. 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 passed by the Senate on February 9, 2016. Directing Dollars to Disaster Relief Act of 2015 (Sec. 3) This bill directs the Federal Emergency Management Agency (FEMA) to: develop and implement an integrated plan to control and reduce administrative costs incurred by FEMA in support of the delivery of assistance for major disasters; compare the costs and benefits of tracking the administrative cost data for major disasters by the public assistance, individual assistance, hazard mitigation, and mission assignment programs; track such information; and clarify FEMA guidance and minimum documentation requirements for a direct administrative cost claimed by a grantee or subgrantee of a public assistance grant program authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (Sec. 4) FEMA must submit to Congress, by November 30 of each year for seven years beginning on the date of this Act's enactment, and make publicly available on its website, a report on the development and implementation of the plan for the previous fiscal year, with three-year and five-year updates. Each report shall contain: the total amount spent on administrative costs and the average annual percentage of administrative costs for the fiscal year period for which the report is being submitted; an assessment of the effectiveness of the plan; an analysis of whether FEMA is achieving its strategic goals for the average annual percentage of administrative costs of major disasters for each fiscal year and, in the case of it not achieving such goals, what is preventing it from doing so; any actions FEMA has identified as useful in improving upon and reaching those goals; and any administrative cost data for major disasters, if FEMA determines it is feasible to track such data.

Directing Dollars to Disaster Relief Act of 2015

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Post-Prostate Cancer Treatment Equity Act of 2007''. (b) Findings.--Congress finds the following: (1) Prostate cancer will strike about one in six men during their lifetime. (2) Many of these men will have a prostatectomy and about half of those will experience significant complications. (3) For some 6,000 of these men annually reconstructive prosthetic urology surgery is their only option to address these complications. (4) Medicare covers reconstructive prosthetic urology surgery, as does two-third of private health benefits coverage. However, about one-third of private health benefits coverage does not cover this surgery. (5) To address a similar concern with respect to breast cancer, Congress enacted the Women's Health and Cancer Rights Act of 1998 that requires private health benefits coverage to provide coverage for reconstructive surgery following mastectomies. (6) Men should have a right to access to reconstructive surgery following a prostatectomy just as women have the right to access to reconstructive surgery following a mastectomy. SEC. 2. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) In General.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following new section: ``SEC. 714. REQUIRED COVERAGE FOR RECONSTRUCTIVE PROSTHETIC UROLOGY SURGERY FOLLOWING PROSTATE CANCER TREATMENT. ``(a) In General.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, that provides medical and surgical benefits with respect to prostate cancer treatment shall provide, in a case of a participant or beneficiary who is receiving benefits in connection with such prostate cancer treatment, coverage for-- ``(1) all stages of reconstructive prosthetic urology surgery; and ``(2) prostheses and physical complications of prostatectomy; in a manner determined in consultation with the attending physician and the patient. Such coverage may be subject to annual deductibles and coinsurance provisions as may be deemed appropriate and as are consistent with those established for other benefits under the plan or coverage. Written notice of the availability of such coverage shall be delivered to the participant upon enrollment and annually thereafter. ``(b) Notice.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan shall provide notice to each participant and beneficiary under such plan regarding the coverage required by this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed by the plan or issuer and shall be transmitted-- ``(1) in the next mailing made by the plan or issuer to the participant or beneficiary; ``(2) as part of any yearly informational packet sent to the participant or beneficiary; or ``(3) not later than January 1, 2008; whichever is earlier. ``(c) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny to a patient eligibility or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purposes of avoiding the requirements of this section; and ``(2) penalize or otherwise reduce or limit the reimbursement of an attending provider, or provide incentives (monetary or otherwise) to an attending provider, to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section. ``(d) Rule of Construction.--Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(e) Preemption, Relation to State Laws.-- ``(1) In general.--Nothing in this section shall be construed to preempt any State law in effect on the date of enactment of this section with respect to health insurance coverage that requires coverage of at least the coverage of reconstructive prosthetic urology surgery otherwise required in this section. ``(2) ERISA.--Nothing in this section shall be construed to affect or modify the provisions of section 514 with respect to group health plans.''. (b) Clerical Amendment.--The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 note) is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Required coverage for reconstructive prosthetic urology surgery following prostate cancer treatment.''. (c) Effective Dates.-- (1) In general.--The amendments made by this section shall apply with respect to plan years beginning on or after the first day of the sixth month beginning after the date of the enactment of this Act. (2) Special rule for collective bargaining agreements.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representative and 1 or more employers, any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement. SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT. (a) Group Market.--Subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at the end the following new section: ``SEC. 2707. REQUIRED COVERAGE FOR RECONSTRUCTIVE PROSTHETIC UROLOGY SURGERY FOLLOWING PROSTATE CANCER TREATMENT. ``The provisions of section 714 of the Employee Retirement Income Security Act of 1974 shall apply to group health plans, and health insurance issuers providing health insurance coverage in connection with group health plans, as if included in this subpart.''. (b) Individual Market.--Subpart 3 of part B of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-51 et seq.) is amended by adding at the end the following new section: ``SEC. 2753. REQUIRED COVERAGE FOR RECONSTRUCTIVE PROSTHETIC UROLOGY SURGERY FOLLOWING PROSTATE CANCER TREATMENT. ``The provisions of section 2707 of the title shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. (c) Effective Dates.-- (1) Group plans.-- (A) In general.--The amendment made by subsection (a) shall apply to group health plans for plan years beginning on or after the first day of the sixth month beginning after the date of the enactment of this Act. (B) Special rule for collective bargaining agreement.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers, any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by the amendment made by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (2) Individual plans.--The amendment made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after the first day of the sixth month beginning after the date of the enactment of this Act.

Post-Prostate Cancer Treatment Equity Act of 2007 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act to require a group health plan that provides medical and surgical benefits with respect to prostate cancer treatment to provide coverage for: (1) all stages of reconstructive prosthetic urology surgery; and (2) prostheses and physical complications of prostatectomy. Requires plans to provide notice of the coverage. Prohibits a group health plan from: (1) denying to a patient eligibility or continued eligibility solely to avoid the requirements of this Act; or (2) penalizing or otherwise reducing or limiting the reimbursement of a provider or providing incentives to induce such provider to provide care to a participant or beneficiary in a manner inconsistent with this Act. Applies such requirements to coverage offered in the individual market.

To amend the Public Health Service Act and Employee Retirement Income Security Act of 1974 to require that group and individual health insurance coverage and group health plans provide coverage for reconstructive prosthetic urology surgery if they provide coverage for prostate cancer treatment.

SECTION 1. REDUCTION IN VOLUME OF STEEL IMPORTS. (a) Reduction.--Notwithstanding any other provision of law, within 60 days after the date of the enactment of this Act, the President shall take the necessary steps, by imposing quotas, tariff surcharges, negotiated enforceable voluntary export restraint agreements, or otherwise, to ensure that the volume of steel products imported into the United States during any month does not exceed the average volume of steel products that was imported monthly into the United States during the 36-month period preceding July 1997. (b) Enforcement Authority.--Within 60 days after the date of the enactment of this Act, the Secretary of the Treasury, through the United States Customs Service, and the Secretary of Commerce shall implement a program for administering and enforcing the restraints on imports under subsection (a). The Customs Service is authorized to refuse entry into the customs territory of the United States of any steel products that exceed the allowable levels of imports of such products. (c) Applicability.-- (1) Categories.--This section shall apply to the following categories of steel products: semifinished, plates, sheets and strips, wire rods, wire and wire products, rail type products, bars, structural shapes and units, pipes and tubes, iron ore, and coke products. (2) Volume.--Volume of steel products for purposes of this section shall be determined on the basis of tonnage of such products. (d) Expiration.--This section shall expire at the end of the 3-year period beginning 60 days after the date of the enactment of this Act. SEC. 2. STEEL IMPORT NOTIFICATION AND MONITORING PROGRAM. (a) In General.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of the Treasury, shall establish and implement a steel import notification and monitoring program. The program shall include a requirement that any person importing a product classified under chapter 72 or 73 of the Harmonized Tariff Schedule of the United States obtain an import notification certificate before such products are entered into the United States. (b) Steel Import Notification Certificates.-- (1) In general.--In order to obtain a steel import notification certificate, an importer shall submit to the Secretary of Commerce an application containing-- (A) the importer's name and address; (B) the name and address of the supplier of the goods to be imported; (C) the name and address of the producer of the goods to be imported; (D) the country of origin of the goods; (E) the country from which the goods are to be imported; (F) the United States Customs port of entry where the goods will be entered; (G) the expected date of entry of the goods into the United States; (H) a description of the goods, including the classification of such goods under the Harmonized Tariff Schedule of the United States; (I) the quantity (in kilograms and net tons) of the goods to be imported; (J) the cost insurance freight (CIF) and free alongside ship (FAS) values of the goods to be entered; (K) whether the goods are being entered for consumption or for entry into a bonded warehouse or foreign trade zone; (L) a certification that the information furnished in the certificate application is correct; and (M) any other information the Secretary of Commerce determines to be necessary and appropriate. (2) Entry into customs territory.--In the case of merchandise classified under chapter 72 or 73 of the Harmonized Tariff Schedule of the United States that is initially entered into a bonded warehouse or foreign trade zone, a steel import notification certificate shall be required before the merchandise is entered into the customs territory of the United States. (3) Issuance of steel import notification certificate.--The Secretary of Commerce shall issue a steel import notification certificate to any person who files an application that meets the requirements of this section. Such certificate shall be valid for a period of 30 days from the date of issuance. (c) Statistical Information.-- (1) In general.--The Secretary of Commerce shall compile and publish on a weekly basis information described in paragraph (2). (2) Information described.--Information described in this paragraph means information obtained from steel import notification certificate applications concerning steel imported into the United States and includes with respect to such imports the Harmonized Tariff Schedule of the United States classification (to the tenth digit), the country of origin, the port of entry, quantity, value of steel imported, and whether the imports are entered for consumption or are entered into a bonded warehouse or foreign trade zone. Such information shall also be compiled in aggregate form and made publicly available by the Secretary of Commerce on a weekly basis by public posting through an Internet website. The information provided under this section shall be in addition to any information otherwise required by law. (d) Fees.--The Secretary of Commerce may prescribe reasonable fees and charges to defray the costs of carrying out the provisions of this section, including a fee for issuing a certificate under this section. (e) Single Producer and Exporter Countries.--Notwithstanding any other provision of law, the Secretary of Commerce shall make publicly available all information required to be released pursuant to subsection (c), including information obtained regarding imports from a foreign producer or exporter that is the only producer or exporter of goods subject to this section from a foreign country. (f) Regulations.--The Secretary of Commerce may prescribe such rules and regulations relating to the steel import notification and monitoring program as may be necessary to carry the provisions of this section. Passed the House of Representatives March 17, 1999. Attest: JEFF TRANDAHL, Clerk.

Directs the President to impose quotas, tariff surcharges, or negotiate enforceable voluntary export restraint agreements in order to ensure that the volume of imported steel products (semifinished, plates, sheets and strips, wire rods, wire and wire products, rail type products, bars, structural shapes and units, pipes and tubes, iron ore, and coke products) during any month does not exceed the average volume of imported steel for the 36-month period preceding July 1997. Directs the Secretaries of the Treasury and of Commerce to implement a program for administering and enforcing the restraints on such imports. Authorizes the Customs Service to refuse entry into the U.S. customs territory for a three year period of any steel products that exceed the allowable levels of such products. Directs the Secretary of Commerce to establish and implement a steel import notification and monitoring program. Requires any person who intends to import steel products into the United States to first obtain an import notification certificate. Sets forth specified import notification certificate requirements. Directs the Secretary of Commerce to publish on a weekly basis through the Internet certain information obtained from steel import notification certificate applications regarding imported steel, including country of origin, the port of entry, quantity, value of steel imported, single producer or exporter countries, and whether such imports are entered into a bonded warehouse or foreign trade zone. Authorizes the Secretary of Commerce to charge reasonable fees to defray the costs of carrying out this Act.

To provide for a reduction in the volume of steel imports, and to establish a steel import notification and monitoring program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Import Control and Safe Handling of Spent Nuclear Fuel Act of 1995''. SEC. 2. PROHIBITION ON IMPORTS OF SPENT NUCLEAR FUEL. No spent nuclear fuel may be imported into the United States unless-- (1) the Congress by law has approved a repository or repositories with the capacity to store or dispose of all spent nuclear fuel generated by commercial nuclear reactors in the United States and from atomic energy defense activities; (2) the appropriate Federal agency or agencies have licensed such repository or repositories for the purpose described in paragraph (1); and (3) the repository or repositories are operating. SEC. 3. NATIONAL SECURITY EXCEPTIONS. (a) Proliferating Countries.--The prohibition contained in section 2 shall not apply to imports of spent nuclear fuel from a country if-- (1) the President determines that such country-- (A) is not a country authorized to possess nuclear weapons under the Treaty on the Non-Proliferation of Nuclear Weapons; and (B) is known or suspected to be producing or developing nuclear weapons; and (2) the President so notifies the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate at least 30 days in advance of the arrival of the imported fuel into the customs territory of the United States. (b) Samples.--The prohibition contained in section 2 shall not apply to samples of spent nuclear fuel imported for testing and evaluation for national security purposes. SEC. 4. GUIDELINES BY PORT AUTHORITIES TO ENSURE SAFE SHIPMENT OF CERTAIN MATERIAL. (a) In General.--Any port authority may-- (1) through a public comment process, establish reasonable guidelines to ensure that the unloading, transfer, and shipment of spent nuclear fuel at or through a port under its jurisdiction is conducted in a manner that protects the public health and safety and the environment at, and in the vicinity of, such marine port; and (2) require that any such unloading, transfer, or shipment be in compliance with such guidelines. (b) Descriptions of Guidelines.--Guidelines which a port authority may establish include, but are not limited to, the following: (1) Workers must be properly trained (to the satisfaction of any union representing such workers) in the handling of the spent nuclear fuel. (2) A comprehensive response plan covering spent nuclear fuel (including containment in case of fire, spill response, and other contingencies) must be in place before spent nuclear fuel can enter the port. (3) Local communities must be informed of the unloading, transfer, or shipment of the spent nuclear fuel, as well as possible consequences. The guidelines may include and, if requested by local communities in the immediate vicinity of the port over which the port authority has jurisdiction, or local communities through which spent nuclear fuel would pass when transported by rail or motor vehicle from the port, should include, reasonable standards for storage or parking of casks or transport vehicles carrying spent nuclear fuel and prohibitions against the movement of spent nuclear fuel from the port at certain times or under certain weather, traffic, or similar conditions that could increase the exposure of the public to radiation or increase the risk of an accident occurring during the movement of the spent nuclear fuel. (4) Radiation exposure levels for workers may not exceed standards for public exposure previously established by regulation. (c) Relation to Other Requirements.--(1) Subsection (a) shall apply only to guidelines that are more protective of the public health and safety and the environment than other applicable requirements established under Federal, State, or local law. (2) The existence or enforcement of any requirements under any Federal, State, or local law governing the unloading, transfer, or shipment of spent nuclear fuel shall not preclude or preempt the adoption or enforcement of guidelines established under subsection (a). SEC. 5. LIABILITY. Nothing in this Act shall affect the liability or indemnification of the port in the handling of nuclear materials. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) Atomic energy defense activity.--The term ``atomic energy defense activity'' means any activity of the Secretary of Energy performed in whole or in part in carrying out any of the following functions: (A) Naval reactors development. (B) Weapons activities including defense inertial confinement fusion. (C) Verification and control technology. (D) Defense nuclear materials production. (E) Defense nuclear waste and materials byproducts management. (F) Defense nuclear materials security and safeguards and security investigations. (G) Defense research and development. (2) Port authority.--The term ``port authority'' means any local, regional, State, or interstate authority having jurisdiction with respect to the operation of a port in the United States. (3) Repository.--The term ``repository'' has the meaning given such term by section 2(18) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(18)). (4) Spent nuclear fuel.--The term ``spent nuclear fuel'' has the meaning given such term by section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23)).

Import Control and Safe Handling of Spent Nuclear Fuel Act of 1995 - Prohibits the importation of spent nuclear fuel unless: (1) the Congress has approved a repository with storage or disposal capacity for all the spent nuclear fuel from commercial nuclear reactors and atomic energy defense activities; and (2) such repositories are federally licensed and operating. Exempts from such proscription: (1) samples of spent nuclear fuel imported for testing and evaluation for national security reasons; and (2) imports from countries not authorized to possess nuclear weapons under the Treaty on the Non-Proliferation of Nuclear Weapons, but which are known or suspected to be producing or developing nuclear weapons. Provides guidelines which a port authority may use to ensure the safe unloading, transfer, and shipment of spent nuclear fuel through its port.

Import Control and Safe Handling of Spent Nuclear Fuel Act of 1995

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Shirley A. Chisholm United States-Caribbean Educational Exchange Act of 2009''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Definitions. Sec. 3. Statement of purpose. Sec. 4. Shirley A. Chisholm United States-Caribbean Educational Exchange Program. Sec. 5. Program to provide educational development assistance for CARICOM countries. Sec. 6. Administrative provisions. Sec. 7. Reporting requirements. Sec. 8. Authorization of appropriations. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--Except as otherwise provided, the term ``Administrator'' means the Administrator of the United States Agency for International Development. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (3) CARICOM country.--The term ``CARICOM country''-- (A) means a member country of the Caribbean Community (CARICOM); but (B) does not include-- (i) a country having observer status in CARICOM; or (ii) a country the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism. (4) Secretary.--Except as otherwise provided, the term ``Secretary'' means the Secretary of State. (5) United states cooperating agency.--The term ``United States cooperating agency'' means-- (A) an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), including, to the maximum extent practicable, an historically Black college or university that is a part B institution (as such term is defined in section 322(2) of such Act (20 U.S.C. 1061(2))) or an Hispanic-serving institution (as such term is defined in section 502(5) of such Act (20 U.S.C. 1101a(5))); (B) a higher education association; (C) a nongovernmental organization incorporated in the United States; or (D) a consortium consisting of two or more such institutions, associations, or nongovernmental organizations. SEC. 3. STATEMENT OF PURPOSE. The purpose of this Act is to establish-- (1) an educational exchange program between the United States and CARICOM countries, to be known as the ``Shirley A. Chisholm United States-Caribbean Educational Exchange Program'', pursuant to section 4 to assist in educating promising students and scholars from communities demonstrating the greatest need within CARICOM countries who will invest the knowledge and experiences they gain in the United States back into the community of CARICOM countries; and (2) a program to provide educational development assistance for communities demonstrating the greatest need within CARICOM countries pursuant to section 5. SEC. 4. SHIRLEY A. CHISHOLM UNITED STATES-CARIBBEAN EDUCATIONAL EXCHANGE PROGRAM. (a) Program Authorized.--The Secretary of State is authorized to establish an educational exchange program between the United States and CARICOM countries, to be known as the ``Shirley A. Chisholm United States-Caribbean Educational Exchange Program,'' under which-- (1) secondary school students from CARICOM countries will-- (A) attend a public or private secondary school in the United States; and (B) participate in activities designed to promote a greater understanding of the values and culture of the United States; and (2) undergraduate students, graduate students, post- graduate students, and scholars from CARICOM countries will-- (A) attend a public or private college or university, including a community college, in the United States; and (B) participate in activities designed to promote a greater understanding of the values and culture of the United States. (b) Elements of Program.--The program authorized under subsection (a) shall meet the following requirements: (1) The program will offer scholarships to students and scholars based on merit and need. It is the sense of Congress that scholarships should be offered to students and scholars who evidence merit, achievement, and strong potential for the studies such students and scholars wish to undertake under the program and 60 percent of scholarships offered under the program should be based on financial need. (2) The program will seek to achieve gender equality in granting scholarships under the program. (3) Fields of study under the program will support the labor market and development needs of CARICOM countries, assuring a pool of technical experts to address such needs. (4) The program will limit participation to-- (A) one year of study for secondary school students; (B) two years of study for undergraduate students; and (C) 12 months of study for graduate students, post- graduate students, and scholars. (5) For a period of time equal to the period of time of participation in the program, but not to exceed 2 years, the program will require participants who are students and scholars described in subsection (a)(2) to-- (A) agree to return to live in a CARICOM country and maintain residence in such country, within 6 months of completion of academic studies; or (B) agree to obtain employment that directly benefits the growth, progress, and development of one or more CARICOM countries and the people of such countries. (6) The Secretary may waive, shorten the duration, or otherwise alter the requirements of paragraph (4) in limited circumstances of hardship, humanitarian needs, for specific educational purposes, or in furtherance of the national interests of the United States. (c) Role of United States Cooperating Agencies.--The Secretary shall consult with United States cooperating agencies in developing the program authorized under subsection (a). The Secretary is authorized to provide grants to United States cooperating agencies in carrying out the program authorized under subsection (a). (d) Monitoring and Evaluation of Program.-- (1) In general.--The Secretary shall monitor and evaluate the effectiveness and efficiency of the program authorized under subsection (a). In so doing, the Secretary shall, among other things, evaluate the program's positive or negative effects on brain drain from the participating CARICOM countries and suggest ways in which the program may be improved to promote the basic goal of alleviating brain drain from the participating CARICOM countries. (2) Requirements.--In carrying out paragraph (1), the Secretary shall review on a regular basis-- (A) financial information relating to the program; (B) budget plans for the program; (C) adjustments to plans established for the program; (D) graduation rates of participants in the program; (E) the percentage of participants who are students described in subsection (a)(1) who pursue higher education; (F) the percentage of participants who return to their home country or another CARICOM country; (G) the types of careers pursued by participants in the program and the extent to which such careers are linked to the political, economic, and social development needs of CARICOM countries; and (H) the impact of gender, country of origin, financial need of students, and other relevant factors on the data collected under subparagraphs (D) through (G). SEC. 5. PROGRAM TO PROVIDE EDUCATIONAL DEVELOPMENT ASSISTANCE FOR CARICOM COUNTRIES. (a) Program Authorized.--The Secretary of State, acting through the Administrator of the United States Agency for International Development, is authorized to establish a program to provide educational development assistance for CARICOM countries. (b) Purpose of Program.--The purpose of the program authorized under subsection (a) is to improve primary and secondary education in CARICOM countries by enhancing teacher training, strengthening curriculum and instructional materials, and assisting improvements in school management and public administration of education. (c) Elements of Program.--The program authorized under subsection (a) shall extend and expand upon existing primary and secondary school programs in CARICOM countries to provide-- (1) teacher-training methods and training in subject area studies; (2) classroom and school management; (3) development and modernization of curriculum and instructional materials; (4) increased community involvement in school activities; and (5) local, regional, and national government policy planning on the elements described in paragraphs (1) through (4). (d) Role of United States Cooperating Agencies.--The Secretary shall consult with the Secretary of Education, officials of United States cooperating agencies, and officials of CARICOM countries in developing the program authorized under subsection (a). The Secretary is authorized to make grants to United States cooperating agencies in carrying out the program authorized under subsection (a). (e) Monitoring and Evaluation of Program.--The Secretary shall monitor and evaluate the effectiveness and efficiency of the program authorized under subsection (a). SEC. 6. ADMINISTRATIVE PROVISIONS. (a) Funding From Private Sources and Partnerships With Other Appropriate Entities.--To the maximum extent practicable, the Secretary of State and the Administrator of the United States Agency for International Development should implement the programs authorized under sections 4 and 5 through utilization of funding from private sources to maximize the impact of United States funds under this Act, and through partnerships with appropriate United States organizations, institutions, and corporations. (b) Avoidance of Duplication.--The Secretary and the Administrator shall consult with the Secretary of Education to ensure that-- (1) activities under the programs authorized under sections 4 and 5 are not duplicative of other United States educational programs for CARICOM countries; and (2) United States cooperating agencies and partner institutions in CARICOM countries are accredited by national or regional accrediting bodies. (c) Reporting Under SEVIS.--To the extent necessary, the Secretary shall provide support to United States cooperating agencies that are participating in the program authorized under section 4 in order to fulfill the requirements for student data reporting under the Student and Exchange Visitor Information System (SEVIS). SEC. 7. REPORTING REQUIREMENTS. (a) Report Required.--Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on plans to implement the programs authorized under sections 4 and 5. (b) Matters To Be Included.--The report required by subsection (a) shall include-- (1) with respect to implementation of the program authorized under section 4-- (A) a plan for selecting participants in the program, including an estimate of the number of secondary school students, undergraduate students, graduate students, post-graduate students, and scholars from each country, by educational level, who will be selected as participants in the program for each fiscal year; (B) a timeline for selecting United States cooperating agencies that will assist in implementing the program; (C) a financial plan that-- (i) identifies budget plans for each educational level under the program; and (ii) identifies plans or systems to ensure that the costs to public school, college, and university education under the program and the costs to private school, college, and university education under the program are reasonably allocated; and (D) a plan to provide outreach to and linkages with schools, colleges and universities, and nongovernmental organizations in both the United States and CARICOM countries for implementation of the program; and (2) a plan outlining implementation of the program authorized under section 5, identifying the initial countries in which the program will be implemented and a timeline for implementation. (c) Updates of Report.-- (1) In general.--The Secretary shall submit to the appropriate congressional committees updates of the report required by subsection (a) for each fiscal year for which amounts are appropriated pursuant to the authorization of appropriations under section 8. (2) Matters to be included.--Such updates shall include the following: (A) Information on United States cooperating agencies that are selected to assist in implementing the programs authorized under sections 4 and 5. (B) An analysis of the positive and negative impacts the program authorized under section 4 will have or is having on brain drain from the participating CARICOM countries. (C) A description of efforts made by the Secretary and the Administrator to implement the program authorized under section 5. (D) A description of the programs established in each CARICOM country receiving assistance under the program authorized under section 5. Such description shall include a detailed explanation of the extent to which the program and the assistance provided are contributing to the purpose of the program described in section 5(b) in the CARICOM country. (E) An evaluation of additional educational development goals in CARICOM countries, identifying those goals that could be maximized or achieved with United States assistance through the program authorized under section 5. In addition to standard or necessary areas of education review, the evaluation should give attention to factors affecting academic achievement, attrition, and graduation rates in CARICOM countries. The evaluation should suggest ways in which United States assistance can maximize success factors and address factors contributing to poor achievement. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. To carry out this Act, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2009 through 2012. Amounts appropriated pursuant to the authorization of appropriations under this section are in addition to amounts otherwise available for such purposes.

Shirley A. Chisholm United States-Caribbean Educational Exchange Act of 2009 - Authorizes the Secretary of State to establish the Shirley Chisholm United States-Caribbean Educational Exchange Program under which scholars and secondary, undergraduate, graduate, and post-graduate students from certain Caribbean countries would attend U.S. schools and participate in activities designed to promote a greater understanding of U.S. values and culture. Authorizes the Secretary, through the United States Agency for International Development (USAID), to establish a program to improve primary and secondary education in such countries by enhancing teacher training, strengthening curriculum and instructional materials, and assisting improvements in school management and public administration of education.

To authorize the establishment of educational exchange and development programs for member countries of the Caribbean Community (CARICOM).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Adolescent Smoking Without Excessive Bureaucracy Act of 2008''. SEC. 2. YOUTH COMPLIANCE TARGET AND ENFORCEMENT. (a) Amendment.--Section 1926 of the Public Health Service Act (42 U.S.C. 300x-26) is amended to read as follows: ``SEC. 1926. STRENGTHENING STATE LAWS RELATING TO TOBACCO PRODUCT SALES TO INDIVIDUALS UNDER THE AGE OF 18. ``(a) Relevant Law.-- ``(1) In general.--Subject to paragraph (2), for fiscal year 2010 and subsequent fiscal years, the Secretary may make a grant under section 1921 only if the State involved has in effect a law providing that-- ``(A) it is unlawful for any manufacturer, retailer, or distributor of tobacco products to sell or distribute any such product to any individual under 18 years of age; ``(B) it is unlawful for an individual under 18 years of age-- ``(i) to purchase or attempt to purchase, or receive or attempt to receive, a tobacco product; or ``(ii) to possess or attempt to possess a tobacco product in a public place; ``(C) a law enforcement agency, upon determining that an individual under 18 years of age allegedly purchased or received a tobacco product, or allegedly possessed a tobacco product in a public place, shall notify the individual's parent or parents, custodian, or guardian (if the name and address of a parent, guardian, or custodian is reasonably ascertainable); ``(D) within 180 days after the effective date of such State law, any person engaged in the business of distributing tobacco products at retail shall implement a program-- ``(i) to notify each employee employed by that person who distributes tobacco products that State law prohibits the sale or distribution of tobacco products to any individual under 18 years of age and the purchase or receipt, or possession in a public place, of tobacco products by any such individual; and ``(ii) to ensure compliance with such law; ``(E) an employer shall not be in violation of the prohibition described in subparagraph (A) if such employer-- ``(i) relies upon proof of age that appeared on its face to be valid; or ``(ii) implements a program in accordance with subparagraph (D); and ``(F) an individual who violates the prohibition described in subparagraph (B) may be liable for a civil monetary penalty and may be required to perform community service. ``(2) Delayed applicability for certain states.--In the case of a State whose legislature does not convene a regular session in fiscal year 2010, and in the case of a State whose legislature does not convene a regular session in fiscal year 2011, the requirement described in paragraph (1) as a condition of a receipt of a grant under section 1921 shall apply only for fiscal year 2012 and subsequent fiscal years. ``(b) State Goals for Noncompliance.--Beginning with respect to the first applicable fiscal year, a funding agreement for a grant under section 1921 is that the State involved has established goals for reducing the rate of retailer violations of the law described in subsection (a), as determined through annual, random, unannounced inspections described in subsection (c)(2)(A), so that the rate of such violations relative to the number of inspections does not exceed the following: ``(1) 20 percent during fiscal year 2010. ``(2) 19 percent during fiscal year 2011. ``(3) 18 percent during fiscal year 2012. ``(4) 17 percent during fiscal year 2013. ``(5) 16 percent during fiscal year 2014. ``(6) 15 percent during fiscal year 2015. ``(7) 14 percent during fiscal year 2016. ``(8) 13 percent during fiscal year 2017. ``(9) 12 percent during fiscal year 2018. ``(10) 11 percent during fiscal year 2019. ``(11) 10 percent during fiscal year 2020 and each subsequent year. ``(c) Enforcement.-- ``(1) In general.--A funding agreement for a grant under section 1921 is that the State involved will enforce the law described in subsection (a) in a manner that can reasonably be expected to achieve the goals established pursuant to subsection (b) and reduce the extent to which tobacco products are available to individuals under 18 years of age. ``(2) Activities and reports regarding enforcement.--A funding agreement for a grant under section 1921 is that the State involved will-- ``(A) annually conduct random, unannounced inspections to ensure compliance with the law described in subsection (a); and ``(B) annually submit to the Secretary a report describing-- ``(i) the activities carried out by the State to enforce such law during the fiscal year preceding the fiscal year for which the State is seeking the grant; ``(ii) the extent of success the State has achieved in meeting the goals established pursuant to subsection (b) and in reducing the availability of tobacco products to individuals under 18 years of age; and ``(iii) the strategies to be utilized by the State for enforcing such law during the fiscal year for which the grant is sought. ``(3) Use of individuals under 18 years of age in inspections.--A funding agreement for a grant under section 1921 is that the State may engage an individual under 18 years of age to test compliance with the law described in subsection (a) only if-- ``(A) the testing is conducted with the written consent of a parent or legal guardian of such individual; and ``(B) such individual acts under the direct supervision of the State during a random, unannounced inspection. ``(d) Use of State Settlement Proceeds.--A funding agreement for a grant under section 1921 is that the State involved certifies to the Secretary that, with respect to the calendar year preceding the year in which the State is applying for such a grant, the State expended more than 10 percent of the funds paid to the State for such calendar year as part of the comprehensive settlement of November 1998 (as referred to in section 1903(d)(3)(B)(i) of the Social Security Act) on health programs, tobacco control and cessation activities, or economic development for tobacco regions. ``(e) Noncompliance of State.-- ``(1) Determination by secretary.--Before making a grant under section 1921 to a State for any fiscal year, the Secretary shall make a determination of whether the State has maintained compliance with subsections (a), (b), (c), and (d). ``(2) Reduction of allotment.--Beginning with respect to the first applicable fiscal year, if, after notice to the State and an opportunity for a hearing, the Secretary determines that the State is not in compliance with any of subsections (a), (b), or (c), the Secretary shall reduce the amount of the allotment under section 1921 for the State for the fiscal year involved by an amount equal to-- ``(A) in the case of fiscal year 2010, 10 percent of the amount determined under section 1933 for the State for the fiscal year; ``(B) in the case of fiscal year 2011, 20 percent of the amount determined under section 1933 for the State for the fiscal year; ``(C) in the case of fiscal year 2012, 30 percent of the amount determined under section 1933 for the State for the fiscal year; and ``(D) in the case of fiscal year 2013 or any subsequent fiscal year, 40 percent of the amount determined under section 1933 for the State for the fiscal year. ``(3) Additional reduction.--Beginning with respect to the first applicable fiscal year, if the Secretary determines under paragraph (1) that the State is not in compliance with any of subsections (a), (b), or (c), and is not in compliance with subsection (d), the Secretary may reduce the amount of the allotment under section 1921 for the State for the fiscal year involved by an amount equal to 10 percent of the amount determined under section 1933 for the State for such fiscal year. Such reduction shall be in addition to the reduction under paragraph (2). ``(f) Assistance in Implementing Programs.--In order to assist States in establishing and implementing State laws described in subsection (a), the Secretary shall-- ``(1) develop not later than January 1, 2009, and subsequently revise as appropriate, model legislative language; and ``(2) provide technical assistance and guidance in developing, enacting, and implementing such laws and in setting goals pursuant to subsection (b). ``(g) Definition.--In this section, the term `first applicable fiscal year' means-- ``(1) fiscal year 2012, in the case of any State described in subsection (a)(2); and ``(2) fiscal year 2010, in the case of any other State.''. (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) shall apply with respect to the first applicable fiscal year and each subsequent fiscal year. The provisions of section 1926 of the Public Health Service Act (42 U.S.C. 300x-26), as in effect on the day before the date of the enactment of this Act, shall apply with respect to fiscal years preceding the first applicable fiscal year. (2) Definition.--In this subsection, the term ``first applicable fiscal year'' has the meaning given such term in subsection (g) of section 1926 of the Public Health Service Act (42 U.S.C. 300x-26), as amended by subsection (a) of this section. SEC. 3. PUBLIC DISCLOSURE OF INGREDIENTS. Section 7 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1335a) is amended-- (1) in subsection (a), by striking ``the company which uses the ingredients or''; and (2) by amending subsection (b)(2) to read as follows: ``(2) The Secretary shall make any information provided under this section accessible to the public on the Internet not later than 48 hours after receipt by the Secretary.''.

Stop Adolescent Smoking Without Excessive Bureaucracy Act of 2008 - Amends the Public Health Service Act to set forth conditions for the receipt by states of federal substance abuse prevention and treatment grants. Requires such states to: (1) prohibit a minor from purchasing or receiving a tobacco product or possessing a tobacco product in a public place; and (2) require law enforcement agencies to notify a minor's parent, custodian, or guardian whose name and address is reasonably ascertainable of any such violation. Requires such states to require any person engaged in the business of distributing tobacco products at retail to implement a program to: (1) notify its employees that state law prohibits the sale or distribution of tobacco products to minors and the purchase, receipt, or possession in a public place of a tobacco product by a minor; and (2) ensure compliance with such law. Directs such states to provide for a civil monetary penalty or community service for violations. Requires such states to have established goals for reducing the rate of retailer violations. Allows states to use minors to test compliance under certain conditions. Directs such states to certify expenditure of more than 10% of the funds paid to the state as part of the comprehensive settlement of November 1998 against tobacco manufacturers on health programs, tobacco control and cessation activities, or economic development for tobacco regions. Requires the Secretary of Health and Human Services to provide assistance to states in developing, enacting, and implementing such laws and in setting goals, including by developing model legislative language.

To reduce youth usage of tobacco products, to enhance State efforts to eliminate retail sales of tobacco products to minors, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Judicial Administration and Technical Amendments 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. Change in composition of divisions of western district of Tennessee. Sec. 3. Supplemental attendance fee for petit jurors serving on lengthy trials. Sec. 4. Authority of district courts as to a jury summons. Sec. 5. Public drawing specifications for jury wheels. Sec. 6. Assessment of court technology costs. Sec. 7. Repeal of obsolete provision in the bankruptcy code relating to certain dollar amounts. Sec. 8. Investment of court registry funds. Sec. 9. Magistrate judge participation at circuit conferences. Sec. 10. Selection of chief pretrial services officers. Sec. 11. Attorney case compensation maximum amounts. Sec. 12. Expanded delegation authority for reviewing Criminal Justice Act vouchers in excess of case compensation maximums. Sec. 13. Repeal of obsolete cross-references to the Narcotic Addict Rehabilitation Act. Sec. 14. Conditions of probation and supervised release. Sec. 15. Contracting for services for pretrial defendants and post- conviction supervision offenders. Sec. 16. Judge members of U.S. Sentencing Commission. Sec. 17. Penalty for failure to appear for jury summons. Sec. 18. Place of holding court for the District of Minnesota. Sec. 19. Penalty for employers who retaliate against employees serving on jury duty. SEC. 2. CHANGE IN COMPOSITION OF DIVISIONS OF WESTERN DISTRICT OF TENNESSEE. (a) In General.--Section 123(c) of title 28, United States Code, is amended-- (1) in paragraph (1)-- (A) by inserting ``Dyer,'' after ``Decatur,''; and (B) in the last sentence by inserting ``and Dyersburg'' after ``Jackson''; and (2) in paragraph (2)-- (A) by striking ``Dyer,''; and (B) in the second sentence, by striking ``and Dyersburg''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall take effect on the date of enactment of this Act. (2) Pending cases not affected.--The amendments made by this section shall not affect any action commenced before the effective date of this section and pending in the United States District Court for the Western District of Tennessee on such date. (3) Juries not affected.--The amendments made by this section shall not affect the composition, or preclude the service, of any grand or petit jury summoned, impaneled, or actually serving in the United States District Court for the Western District of Tennessee on the effective date of this section. SEC. 3. SUPPLEMENTAL ATTENDANCE FEE FOR PETIT JURORS SERVING ON LENGTHY TRIALS. (a) In General.--Section 1871(b)(2) of title 28, United States Code, is amended by striking ``thirty'' in each place it occurs and inserting ``ten''. (b) Effective Date.--The amendments made by this section shall take effect on October 1, 2009. SEC. 4. AUTHORITY OF DISTRICT COURTS AS TO A JURY SUMMONS. Section 1866(g) of title 28, United States Code, is amended in the first sentence-- (1) by striking ``shall'' and inserting ``may''; and (2) by striking ``his''. SEC. 5. PUBLIC DRAWING SPECIFICATIONS FOR JURY WHEELS. (a) Drawing of Names From Jury Wheel.--Section 1864(a) of title 28, United States Code, is amended-- (1) in the first sentence, by striking ``publicly''; and (2) by inserting ``The clerk or jury commission shall post a general notice for public review in the clerk's office and on the court's website explaining the process by which names are periodically and randomly drawn.'' after the first sentence. (b) Selection and Summoning of Jury Panels.--Section 1866(a) of title 28, United States Code, is amended-- (1) in the second sentence, by striking ``publicly''; and (2) by inserting ``The clerk or jury commission shall post a general notice for public review in the clerk's office and on the court's website explaining the process by which names are periodically and randomly drawn.'' after the second sentence. (c) Technical and Conforming Amendment.--Section 1869 of title 28, United States Code, is amended-- (1) in subsection (j), by adding ``and'' at the end; (2) by striking subsection (k); and (3) by redesignating subsection (l) as subsection (k). SEC. 6. ASSESSMENT OF COURT TECHNOLOGY COSTS. Section 1920 of title 28, United States Code, is amended-- (1) in paragraph (2), by striking ``of the court reporter for all or any part of the stenographic transcript'' and inserting ``for printed or electronically recorded transcripts''; and (2) in paragraph (4), by striking ``copies of papers'' and inserting ``the costs of making copies of any materials where the copies are''. SEC. 7. REPEAL OF OBSOLETE PROVISION IN THE BANKRUPTCY CODE RELATING TO CERTAIN DOLLAR AMOUNTS. Section 104 of title 11, United States Code, is amended-- (1) by striking subsection (a); (2) by redesignating subsection (b)(1) as subsection (a) and subparagraphs (A) and (B) of that subsection as paragraphs (1) and (2), respectively; (3) by redesignating subsection (b)(2) as subsection (b); (4) by redesignating subsection (b)(3) as subsection (c); and (5) in subsection (c) (as redesignated by paragraph (4) of this section), by striking ``paragraph (1)'' and inserting ``subsection (a)''. SEC. 8. INVESTMENT OF COURT REGISTRY FUNDS. (a) In General.--Chapter 129 of title 28, United States Code, is amended by inserting after section 2044 the following: ``Sec. 2045. Investment of court registry funds ``(a) The Director of the Administrative Office of the United States Courts, or the Director's designee under subsection (b), may request the Secretary of the Treasury to invest funds received under section 2041 in public debt securities with maturities suitable to the needs of the funds, as determined by the Director or the Director's designee, and bearing interest at a rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity. ``(b) The Director may designate the clerk of a court described in section 610 to exercise the authority conferred by subsection (a).''. (b) Technical and Conforming Amendment.--The table of sections for chapter 129 of title 28, United States Code, is amended by adding at the end the following: ``2045. Investment of court registry funds.''. SEC. 9. MAGISTRATE JUDGE PARTICIPATION AT CIRCUIT CONFERENCES. Section 333 of title 28, United States Code, is amended in the first sentence by inserting ``magistrate,'' after ``district,''. SEC. 10. SELECTION OF CHIEF PRETRIAL SERVICES OFFICERS. Section 3152 of title 18, United States Code, is amended by striking subsection (c) and inserting the following: ``(c) The pretrial services established under subsection (b) of this section shall be supervised by a chief pretrial services officer appointed by the district court. The chief pretrial services officer appointed under this subsection shall be an individual other than one serving under authority of section 3602 of this title.''. SEC. 11. ATTORNEY CASE COMPENSATION MAXIMUM AMOUNTS. Section 3006A(d)(2) of title 18, United States Code, is amended by adding ``The compensation maximum amounts provided in this paragraph shall increase simultaneously by the same percentage, rounded to the nearest multiple of $100, as the aggregate percentage increases in the maximum hourly compensation rate paid pursuant to paragraph (1) for time expended since the case maximum amounts were last adjusted.'' at the end. SEC. 12. EXPANDED DELEGATION AUTHORITY FOR REVIEWING CRIMINAL JUSTICE ACT VOUCHERS IN EXCESS OF CASE COMPENSATION MAXIMUMS. (a) Waiving Maximum Amounts.--Section 3006A(d)(3) of title 18, United States Code, is amended in the second sentence by inserting ``or senior'' after ``active''. (b) Services Other Than Counsel.--Section 3006A(e)(3) of title 18, United States Code, is amended in the second sentence by inserting ``or senior'' after ``active''. (c) Counsel for Financially Unable Defendants.--Section 3599(g)(2) of title 18, United States Code, is amended in the second sentence by inserting ``or senior'' after ``active''. SEC. 13. REPEAL OF OBSOLETE CROSS-REFERENCES TO THE NARCOTIC ADDICT REHABILITATION ACT. Section 3161(h) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking subparagraphs (B) and (C); and (B) by redesignating subparagraphs (D) through (J) as subparagraphs (B) through (H), respectively; (2) by striking paragraph (5); and (3) by redesignating paragraphs (6) through (9) as paragraphs (5) through (8), respectively. SEC. 14. CONDITIONS OF PROBATION AND SUPERVISED RELEASE. (a) Conditions of Probation.--Section 3563(a)(2) of title 18, United States Code, is amended by striking ``(b)(2), (b)(3), or (b)(13),'' and inserting ``(b)(2) or (b)(12), unless the court has imposed a fine under this chapter, or''. (b) Supervised Release After Imprisonment.--Section 3583(d) of title 18, United States Code, is amended by striking ``section 3563(b)(1)'' and all that follows through ``appropriate.'' and inserting ``section 3563(b) and any other condition it considers to be appropriate, provided, however that a condition set forth in subsection 3563(b)(10) shall be imposed only for a violation of a condition of supervised release in accordance with section 3583(e)(2) and only when facilities are available.''. (c) Technical and Conforming Amendment.--Section 3563(b)(10) of title 18, United States Code, is amended by inserting ``or supervised release'' after ``probation''. SEC. 15. CONTRACTING FOR SERVICES FOR PRETRIAL DEFENDANTS AND POST- CONVICTION SUPERVISION OFFENDERS. (a) Pretrial Service Functions.--Section 3154(4) of title 18, United States Code, is amended by inserting ``, and contract with any appropriate public or private agency or person, or expend funds, to monitor and provide treatment as well as nontreatment services to any such persons released in the community, including equipment and emergency housing, corrective and preventative guidance and training, and other services reasonably deemed necessary to protect the public and ensure that such persons appear in court as required'' before the period. (b) Duties of Director of Administrative Office of the United States Courts.--Section 3672 of title 18, United States Code, is amended in the seventh undesignated paragraph-- (1) in the third sentence, by striking ``negotiate and award such contracts'' and inserting ``negotiate and award contracts identified in this paragraph''; and (2) in the fourth sentence, by inserting ``to expend funds or'' after ``He shall also have the authority''. SEC. 16. JUDGE MEMBERS OF U.S. SENTENCING COMMISSION. Section 991(a) of title 28, United States Code, is amended in the third sentence by striking ``Not more than'' and inserting ``At least''. SEC. 17. PENALTY FOR FAILURE TO APPEAR FOR JURY SUMMONS. (a) Section 1864 Summons.--Section 1864(b) of title 28, United States Code, is amended by striking ``$100 or imprisoned not more than three days, or both.'' each place it appears and inserting ``$1,000, imprisoned not more than three days, ordered to perform community service, or any combination thereof.''. (b) Section 1866 Summons.--Section 1866(g) of title 28, United States Code, is amended by striking ``$100 or imprisoned not more than three days, or both.'' and inserting ``$1,000, imprisoned not more than three days, ordered to perform community service, or any combination thereof.''. SEC. 18. PLACE OF HOLDING COURT FOR THE DISTRICT OF MINNESOTA. Section 103(6) of title 28, United States Code, is amended in the second sentence by inserting ``and Bemidji'' before the period. SEC. 19. PENALTY FOR EMPLOYERS WHO RETALIATE AGAINST EMPLOYEES SERVING ON JURY DUTY. Section 1875(b)(3) of title 28, United States Code, is amended by striking ``$1,000 for each violation as to each employee.'' and inserting ``$5,000 for each violation as to each employee, and may be ordered to perform community service.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Judicial Administration and Technical Amendments Act of 2008 - (Sec. 2) Amends the federal judicial code to: (1) move Dyer County from the Western Division to the Eastern Division of the Western Judicial District of Tennessee; and (2) make Dyersburg a site where the Court for the Eastern Division shall be held. (Sec. 3) Reduces from 30 days to 10 days the minimum length of time a petit juror must serve on a trial before the court may pay a supplemental attendance fee. (Sec. 4) Changes from a requirement to discretionary the authority of the district court to order any person summoned for jury service who fails to appear as directed to appear forthwith and show cause for failure to comply with the summons. (Sec. 5) Requires the clerk or jury commission to post a general notice for public review in the clerk's office and on the court's website explaining the process by which names are periodically and randomly drawn from the master jury wheel. (Sec. 6) Revises the items for which a judge or clerk of any court of the United States may tax as costs to specify: (1) printed or electronically recorded transcripts (currently, stenographic transcripts); and (2) copies of any materials (currently, papers) where the copies are necessarily obtained for use in the case. (Sec. 7) Repeals obsolete provisions in the bankruptcy code relating to certain dollar amounts. (Sec. 8) Authorizes the Director of the Administrative Office of the United States Courts, or a designated clerk of court, to request the Secretary of the Treasury to invest court registry funds in interest-bearing public debt securities. (Sec. 9) Authorizes magistrate judge participation at circuit conferences. (Sec. 10) Amends the federal criminal code to repeal the requirement that a chief pretrial services officer be selected by a panel consisting of the chief judge of the circuit, the chief judge of the district, and a magistrate judge of the district or their designees. Requires, instead, that the chief pretrial services officer be appointed by the district court. (Sec. 11) Requires indexing, according to a specified formula, of the maximum amount of compensation payable to attorneys for representing defendants. (Sec. 12) Expands delegation authority for reviewing and approving Criminal Justice Act vouchers in excess of case compensation maximums for: (1) representation of defendants; (2) services other than counsel; or (3) service as counsel for financially unable defendants. Authorizes the chief judge of the circuit to delegate such approval authority to a senior circuit judge (as well as to an active circuit court judge, as under current law). (Sec. 13) Repeals obsolete cross-references to the Narcotic Addict Rehabilitation Act in speedy trial requirements. (Sec. 14) Makes technical and conforming amendments to the federal criminal code with respect to conditions of probation and supervised release after imprisonment. (Sec. 15) Includes among pretrial services functions contracting with any appropriate public or private agency or person, or expending funds, to monitor and provide treatment as well as nontreatment services to any such persons released in the community, including equipment and emergency housing, corrective and preventative guidance and training, and other services reasonably deemed necessary to protect the public and ensure that such persons appear in court as required. (Sec. 16) Amends the federal judicial code to require at least (currently, not more than) three members of the United States Sentencing Commission to be federal judges. Thus allows more than three members of the Commission to be federal judges.) (Sec. 17) Increases from $100 to $1,000 the monetary penalty for failure to appear for a jury summons. Authorizes the court to order community service as a penalty as well. (Sec. 18) Requires court for the Sixth Division of the Minnesota Judicial District to be held at Bemidji (as well as at Fergus Falls, as under current law). (Sec. 19) Increases from $1,000 to $5,000 the monetary penalty for employers who retaliate against employees serving on jury duty. Authorizes the court to order community service as a penalty as well.

A bill to make improvements in the operation and administration of the Federal courts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Construction, Accountability, and Reform Act''. SEC. 2. EXTENSION OF AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECT TO REPLACE DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN AURORA, COLORADO. The Secretary of Veterans Affairs may carry out the major medical facility project to replace the medical center of the Department of Veterans Affairs in Aurora, Colorado, planned for under section 213(1) of the Veterans Health Care, Capital Asset, and Business Improvement Act of 2003 (Public Law 108-170; 117 Stat. 2049), in an amount not to exceed a total of $1,730,000,000. SEC. 3. PROHIBITION ON BONUSES UNTIL MAJOR MEDICAL FACILITY PROJECT TO REPLACE DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN AURORA, COLORADO, IS OPERATIONAL. (a) Prohibition on Bonuses During Fiscal Years 2015 and 2016.-- During fiscal years 2015 and 2016, the Secretary of Veterans Affairs may not pay any bonus. (b) Prohibition on Bonuses Until Operation of Medical Center.--If the major medical facility project specified in section 2 to replace the Department of Veterans Affairs Medical Center in Aurora, Colorado, is not completed by September 30, 2016, the Secretary may not pay any bonus until the date on which the Secretary certifies to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives that such major medical facility project is fully operational. (c) Limitation on Bonuses.--During the fiscal year in which the Secretary may begin to pay a bonus pursuant to subsection (b), and each fiscal year thereafter through fiscal year 2024, the Secretary shall ensure that the aggregate amount of bonuses paid by the Secretary during each such fiscal year does not exceed $360,000,000. (d) Bonus Defined.--In this subsection, the term ``bonus'' means any bonus or award under chapter 45 or 53 of title 5, United States Code, or any other bonus or award authorized under such title or title 38, United States Code. (e) Conforming Repeal.--Section 705 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 703 note) is repealed. SEC. 4. MANAGEMENT OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN AURORA, COLORADO. (a) Transfer of Construction Agent Responsibilities.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into an agreement with the Secretary of the Army, acting through the Chief of Engineers, for the Army Corps of Engineers to carry out, on a reimbursable basis, the design, contract, construction management, and other similar services for the Aurora medical facility project. (2) Treatment of agreement.--The agreement entered into under paragraph (1) shall be subject to subsections (b) through (e) of section 1535 of title 31, United States Code. (b) Duties.-- (1) In general.--Under the agreement entered into under subsection (a), the Army Corps of Engineers may perform the project, design, contract, and construction management necessary to complete the work at the Aurora medical facility project that is remaining as of the date of the enactment of this Act. (2) New contracts.-- (A) In general.--The authority under paragraph (1) shall include the authority to enter into new contracts in accordance with the Federal Acquisition Regulation to fulfill construction agent responsibilities associated with the Aurora medical facility project. (B) Prime contractor.--The Secretary of the Army, acting through the Chief of Engineers, shall determine whether entering into a new contract agreement with the prime contractor as of the date of the enactment of this Act is consistent with the Federal Acquisition Regulation and in the best interests of the Federal Government. (3) Information required.--In accordance with subsection (d)(1), the Secretary of Veterans Affairs shall provide the Army Corps of Engineers with the information needed to ensure that the Army Corps of Engineers understands the requirements for the successful operation of the Aurora medical facility project. (c) Plans and Reports.-- (1) Completion plans.--Not later than 60 days after entering into the agreement under subsection (a), the Secretary of Veterans Affairs, based upon the advice of the Army Corps of Engineers provided under such agreement, shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives detailed plans, including estimated costs, to complete construction of the Aurora medical facility project. (2) Progress reports.--Not later than 180 days after entering into the agreement under subsection (a), and each 180- day period thereafter until the date on which the Aurora medical facility project is completed, the Secretary of Veterans Affairs, based on the advice of the Army Corps of Engineers provided under the agreement entered into under subsection (a), shall submit to the Committees on Veterans' Affairs of the House of Representatives and Senate a report detailing the progress on the Aurora medical facility project. (d) Cooperation.-- (1) Information.--The Secretary of Veterans Affairs shall provide the Army Corps of Engineers with any documents or information that the Army Corps of Engineers determines necessary to carry out subsections (a) and (b). (2) Assistance.-- (A) In general.--Upon request by the Army Corps of Engineers, the Secretary of Veterans Affairs shall provide to the Army Corps of Engineers any assistance that the Army Corps of Engineers determines necessary to carry out subsections (a) and (b). (B) No cost.--Any assistance provided under subparagraph (A) shall be at no cost to the Army Corps of Engineers. (e) Aurora Medical Facility Project Defined.--In this section, the term ``Aurora medical facility project'' means the major medical facility project specified in section 2 to replace the medical center of the Department of Veterans Affairs in Aurora, Colorado. SEC. 5. PROHIBITION ON SECRETARY OF VETERANS AFFAIRS CARRYING OUT MAJOR MEDICAL FACILITY PROJECTS. (a) Army Corps of Engineers.--Subchapter I of chapter 81 of title 38, United States Code, is amended by inserting after section 8103 the following new section: ``Sec. 8103A. Authority of Army Corps of Engineers to carry out major medical facility projects ``(a) Prohibition.--Notwithstanding any other provision of law, the Secretary may not carry out any major medical facility project. ``(b) Army Corps of Engineers.--Notwithstanding any other provision of law, the Secretary of the Army, acting through the Chief of Engineers, shall carry out all major medical facility projects for the Department. ``(c) Agreements.--(1) The Chief of Engineers shall enter into an agreement with the Secretary of Veterans Affairs to carry out, on a reimbursable basis, design, contract, construction management, and similar services for major medical facility projects pursuant to subsection (b). ``(2) Each agreement entered into under paragraph (1) shall be subject to subsections (b) through (e) of section 1535 of title 31. ``(d) Duties.--(1) Under an agreement entered into under subsection (c), the Army Corps of Engineers may perform the project, design, contract, and construction management necessary to complete the major medical facility project covered by the agreement, including entering into new contracts in accordance with the Federal Acquisition Regulation to fulfill construction agent responsibilities associated with such project. ``(2) The Secretary shall provide the Army Corps of Engineers with any documents or information needed for the Army Corps of Engineers to carry out major medical facility projects pursuant to subsection (b). ``(3) Upon request by the Army Corps of Engineers, the Secretary shall provide to the Army Corps of Engineers, at no cost to the Army Corps of Engineers, any assistance that the Army Corps of Engineers determines necessary to carry out major medical facility projects pursuant to subsection (b). ``(e) Major Medical Facility Project Defined.--In this section, the term `major medical facility project' has the meaning given that term in section 8104(a)(3)(A) of this title. ``(f) Applicability.--This section shall apply with respect to any major medical facility project that begins after the date of the enactment of this section.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 8103 the following new item: ``8103A. Authority of Army Corps of Engineers to carry out major medical facility projects.''. (c) Conforming Amendments.--Title 38, United States Code, is further amended-- (1) in section 312A(c)-- (A) in paragraph (1), by striking ``The Director of'' and inserting ``Except as provided by section 8103A of this title, the Director of''; and (B) in paragraph (2), by striking ``In carrying out'' and inserting ``Except as provided by section 8103A of this title, in carrying out''; (2) in section 8103(a), by striking ``section 8104'' and inserting ``sections 8103A and 8104''; (3) in section 8104, by adding at the end the following new subsection: ``(i) The Secretary shall carry out this section in accordance with section 8103A of this title, including with respect to obligating or expending funds described in this section.''; and (4) in section 8106-- (A) in subsection (a), by striking ``The Secretary may'' and inserting ``Subject to section 8103A of this title, the Secretary may''; (B) in subsection (b)(1), by striking ``The Secretary may'' and inserting ``Subject to section 8103A of this title, the Secretary may''; and (C) in subsection (c), by inserting ``(except under section 8103A)'' after ``this subchapter''. SEC. 6. COMPTROLLER GENERAL REPORT ON MANAGEMENT OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN AURORA, COLORADO. (a) Review.-- (1) In general.--The Comptroller General of the United States shall review the management by the Secretary of Veterans Affairs of the Aurora medical facility project, including with respect to the thoroughness and accuracy of the investigation into mismanagement conducted by the administrative investigation board established by the Secretary. (2) Elements.--The review required under paragraph (1) shall include a review of the following: (A) Any potential misconduct or criminal activity committed by employees of the Department of Veterans Affairs that may have contributed to the significant cost overruns of the Aurora medical facility project. (B) When senior officials of the Department knew, or should have known, that such project was likely to incur significant cost overruns. (C) The justification of the Secretary for withholding from Congress any information relating to the significant cost overruns of such project. (b) Report.--Not later than 180 days after the date on which the Secretary of Veterans Affairs concludes the investigation conducted by the administrative investigation board described in subsection (a), the Comptroller General of the United States shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report containing the results of the review required under such subsection. (c) Aurora Medical Facility Project Defined.--In this section, the term ``Aurora medical facility project'' means the major medical facility project specified in section 2 to replace the medical center of the Department of Veterans Affairs in Aurora, Colorado. SEC. 7. NOTIFICATION TO CONGRESS FOR USE OF FUNDS FOR MAJOR MEDICAL FACILITY PROJECTS THAT EXCEED AUTHORIZED AMOUNTS. Section 8104(c) of title 38, United States Code, is amended by striking ``30 days'' and inserting ``120 days''.

Department of Veterans Affairs Construction, Accountability, and Reform Act This bill authorizes the Secretary of Veterans Affairs (VA) to carry out the Aurora medical facility project to replace the VA Medical Center in Aurora, Colorado. The Secretary may not pay any bonus during FY2015-FY2016. If the project to replace the VA Medical Center in Aurora, Colorado, is not completed by September 30, 2016, the Secretary may not pay any bonus until the date on which the Secretary certifies to Congress that such major medical facility project is fully operational. The aggregate amount of subsequent fiscal year bonuses is capped through FY2024. The Secretary shall enter into an agreement with the Secretary of the Army for the Army Corps of Engineers to carry out the design, contract, construction management, and other similar services for the Aurora project. The Secretary is prohibited from carrying out any major medical facility project. The Secretary of the Army, through the Chief of Engineers, shall carry out all major medical facility projects for the Department. The Government Accountability Office shall review the Secretary's management of the Aurora project. The Secretary must notify Congress at least 120 days (currently at least 30 days) before obligating funds for major medical facility projects that exceed authorized amounts.

Department of Veterans Affairs Construction, Accountability, and Reform Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Rights Commission Act of 1998''. SEC. 2. EXTENSION AND AUTHORIZATION OF APPROPRIATIONS. (a) Extension.--Section 6 of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975d) is amended by striking ``1996'' and inserting ``2001''. (b) Authorization.--The first sentence of section 5 of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975c) is amended to read ``There are authorized to be appropriated such sums as may be necessary to carry out this Act for fiscal years through fiscal year 2001.''. SEC. 3. STAFF DIRECTOR. Section 4(a)(1) of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975b(a)(1)) is amended-- (1) by striking ``There shall'' and inserting the following: ``(A) In general.--There shall''; (2) by striking ``(A)'' and inserting the following: ``(i)''; (3) by striking ``(B)'' and inserting the following: ``(ii)''; and (4) by adding at the end the following: ``(B) Term of office.--The term of office of the Staff Director shall be 4 years. ``(C) Review and retention.--The Commission shall annually review the performance of the staff director.''. SEC. 4. APPLICATION OF FREEDOM OF INFORMATION, PRIVACY, SUNSHINE, AND ADVISORY COMMITTEE ACTS. Section 4 of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975b) is amended by adding at the end the following: ``(f) Application of Certain Provisions of Law.--The Commission shall be considered to be an agency, as defined in section 551(1) of title 5, United States Code, for the purposes of sections 552, 552a, and 552b of title 5, United States Code, and for the purposes of the Federal Advisory Committee Act.''. SEC. 5. REQUIREMENT FOR INDEPENDENT AUDIT. Section 4 of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975b) is further amended by adding at the end the following: ``(g) Independent Audit.--Beginning with the fiscal year ending September 30, 1998, and each year thereafter, the Commission shall prepare an annual financial statement in accordance with section 3515 of title 31, United States Code, and shall have the statement audited by an independent external auditor in accordance with section 3521 of such title.''. SEC. 6. TERMS OF MEMBERS. (a) In General.--Section 2(c) of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975(c)) is amended by striking ``6 years'' and inserting ``5 years''. (b) Applicability.--The amendment made by this section shall apply only with respect to terms of office commencing after the date of the enactment of this Act. SEC. 7. REPORTS. Section 3(c)(1) of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975a(c)(1)) is amended by striking ``at least one report annually'' and inserting ``a report on or before September 30 of each year''. SEC. 8. SPECIFIC DIRECTIONS TO THE COMMISSION. (a) Implementation of GAO Recommendations.--The Commission shall, not later than June 30, 1998, implement the United States General Accounting Office recommendations regarding revision of the Commission's Administrative Instructions and structural regulations to reflect the current agency structure, and establish a management information system to enhance the oversight and project efficiency of the Commission. (b) ADA Enforcement Report.--Not later than September 30, 1998, the Commission shall complete and submit a report regarding the enforcement of the Americans with Disabilities Act of 1990. (c) Religious Freedom in Public Schools.-- (1) Report required.--Not later than September 30, 1998, the Commission shall prepare, and submit under section 3 of the Civil Rights Commission Act of 1983, a report evaluating the policies and practices of public schools to determine whether laws are being effectively enforced to prevent discrimination or the denial of equal protection of the law based on religion, and whether such laws need to be changed in order to protect more fully the constitutional and civil rights of students and of teachers and other school employees. (2) Review of enforcement activities.--Such report shall include a review of the enforcement activities of Federal agencies, including the Departments of Justice and Education, to determine if those agencies are properly protecting the religious freedom in schools. (3) Description of rights.--Such report shall also include a description of-- (A) the rights of students and others under the Federal Equal Access Act (20 U.S.C. 4071 et seq.), constitutional provisions regarding equal access, and other similar laws; (B) the rights of students and teachers and other school employees to be free from discrimination in matters of religious expression and the accommodation of the free exercise of religion; and (C) issues relating to religious non-discrimination in curriculum construction. (d) Crisis of Young African-American Males Report.--Not later than September 30, 1999, the Commission shall submit a report on the crisis of young African-American males. (e) Fair Employment Law Enforcement Report.--Not later than September 30, 1999, the Commission shall submit a report on fair employment law enforcement. (f) Regulatory Obstacles Confronting Minority Entrepreneurs.--Not later than September 30, 1999, the Commission shall develop and carry out a study on the civil rights implications of regulatory obstacles confronting minority entrepreneurs, and report the results of such study under section 3 of the Civil Rights Commission Act of 1983. SEC. 9. ADVISORY COMMITTEES. Section 3(d) of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975a(d)) is amended by adding at the end the following: ``The purpose of each such advisory committee shall be to conduct fact finding activities and develop findings or recommendations for the Commission. Any report by such an advisory committee to the Commission shall be fairly balanced as to the viewpoints represented.''. Passed the House of Representatives March 18, 1998. Attest: Robin H. Carle, Clerk.

Civil Rights Commission Act of 1998 - Amends the Civil Rights Commission Act of 1983 to extend the termination date of the United States Commission on Civil Rights. Authorizes appropriations to carry out that Act. Sets a four-year term of office for the Commission's staff director and requires the Commission to annually review the staff director's performance. Includes the Commission in the term "agency" for purposes of the Freedom of Information Act, the Privacy Act of 1974, the Government in the Sunshine Act, and the Federal Advisory Committee Act. Requires the Commission to prepare an annual financial statement and have the statement audited by an independent external auditor. Shortens Commission Members' terms of office to five years. Requires the Commission to implement the General Accounting Office's recommendations regarding revision of the Commission's Administrative Instructions and structural regulations and to establish a management information system. Requires the Commission to report regarding: (1) enforcement of the Americans with Disabilities Act of 1990; (2) religious freedom in public schools; (3) the crisis of young African-American males; (4) fair employment law enforcement; and (5) the civil rights implications of regulatory obstacles confronting minority entrepreneurs. Declares that the purpose of advisory committees constituted by the Commission is to conduct fact finding and develop findings or recommendations. Requires any report by an advisory committee to be fairly balanced in the viewpoints represented.

Civil Rights Commission Act of 1998

SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Economic Growth and Tax Relief Act of 2001''. (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. (c) Section 15 Not To Apply.--No amendment made by section 2 shall be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. SEC. 2. REDUCTION IN INCOME TAX RATES FOR INDIVIDUALS. (a) In General.--Section 1 is amended by adding at the end the following new subsection: ``(i) Rate Reductions After 2000.-- ``(1) New lowest rate bracket.-- ``(A) In general.--In the case of taxable years beginning after December 31, 2000-- ``(i) the rate of tax under subsections (a), (b), (c), and (d) on taxable income not over the initial bracket amount shall be 12 percent (as modified by paragraph (2)), and ``(ii) the 15 percent rate of tax shall apply only to taxable income over the initial bracket amount. ``(B) Initial bracket amount.--For purposes of this subsection, the initial bracket amount is-- ``(i) $12,000 in the case of subsection (a), ``(ii) $10,000 in the case of subsection (b), and ``(iii) \1/2\ the amount applicable under clause (i) in the case of subsections (c) and (d). ``(C) Inflation adjustment.--In prescribing the tables under subsection (f) which apply with respect to taxable years beginning in calendar years after 2001-- ``(i) the Secretary shall make no adjustment to the initial bracket amount for any taxable year beginning before January 1, 2007, ``(ii) the cost-of-living adjustment used in making adjustments to the initial bracket amount for any taxable year beginning after December 31, 2006, shall be determined under subsection (f)(3) by substituting `2005' for `1992' in subparagraph (B) thereof, and ``(iii) such adjustment shall not apply to the amount referred to in subparagraph (B)(iii). If any amount after adjustment under the preceding sentence is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50. ``(2) Reductions in rates after 2001.--In the case of taxable years beginning in a calendar year after 2001, the corresponding percentage specified for such calendar year in the following table shall be substituted for the otherwise applicable tax rate in the tables under subsections (a), (b), (c), (d), and, to the extent applicable, (e). ------------------------------------------------------------------------ ``In the case of The corresponding percentages shall be taxable years substituted for the following percentages: beginning during -------------------------------------------- calendar year: 12% 28% 31% 36% 39.6% ------------------------------------------------------------------------ 2002............. 12% 27% 30% 35% 38% 2003............. 11% 27% 29% 35% 37% 2004............. 11% 26% 28% 34% 36% 2005............. 11% 26% 27% 34% 35% 2006 and 10% 25% 25% 33% 33% thereafter. ------------------------------------------------------------------------ ``(3) Adjustment of tables.--The Secretary shall adjust the tables prescribed under subsection (f) to carry out this subsection.''. (b) Repeal of Reduction of Refundable Tax Credits.-- (1) Subsection (d) of section 24 is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (2) Section 32 is amended by striking subsection (h). (c) Conforming Amendments.-- (1) Subparagraph (B) of section 1(g)(7) is amended-- (A) by striking ``15 percent'' in clause (ii)(II) and inserting ``the first bracket percentage'', and (B) by adding at the end the following flush sentence: ``For purposes of clause (ii), the first bracket percentage is the percentage applicable to the lowest income bracket in the table under subsection (c).'' (2) Section 1(h) is amended-- (A) by striking ``28 percent'' both places it appears in paragraphs (1)(A)(ii)(I) and (1)(B)(i) and inserting ``25 percent'', and (B) by striking paragraph (13). (3) Section 15 is amended by adding at the end the following new subsection: ``(f) Rate Reductions Enacted by Economic Growth and Tax Relief Act of 2001.--This section shall not apply to any change in rates under subsection (i) of section 1 (relating to rate reductions after 2000).''. (4) Section 531 is amended by striking ``equal to'' and all that follows and inserting ``equal to the product of the highest rate of tax under section 1(c) and the accumulated taxable income.''. (5) Section 541 is amended by striking ``equal to'' and all that follows and inserting ``equal to the product of the highest rate of tax under section 1(c) and the undistributed personal holding company income.''. (6) Section 3402(p)(1)(B) is amended by striking ``7, 15, 28, or 31 percent'' and inserting ``7 percent, any percentage applicable to any of the 3 lowest income brackets in the table under section 1(c),''. (7) Section 3402(p)(2) is amended by striking ``equal to 15 percent of such payment'' and inserting ``equal to the product of the lowest rate of tax under section 1(c) and such payment''. (8) Section 3402(q)(1) is amended by striking ``equal to 28 percent of such payment'' and inserting ``equal to the product of the third to the lowest rate of tax under section 1(c) and such payment''. (9) Section 3402(r)(3) is amended by striking ``31 percent'' and inserting ``the third to the lowest rate of tax under section 1(c)''. (10) Section 3406(a)(1) is amended by striking ``equal to 31 percent of such payment'' and inserting ``equal to the product of the third to the lowest rate of tax under section 1(c) and such payment''. (11) Section 13273 of the Revenue Reconciliation Act of 1993 is amended by striking ``28 percent'' and inserting ``the third to the lowest rate of tax under section 1(c) of the Internal Revenue Code of 1986''. (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2000. (2) Amendments to withholding provisions.--The amendments made by paragraphs (6), (7), (8), (9), (10), and (11) of subsection (c) shall apply to amounts paid after the 60th day after the date of the enactment of this Act. SEC. 3. PROTECTION OF SOCIAL SECURITY AND MEDICARE. The amounts transferred to any trust fund under the Social Security Act shall be determined as if this Act had not been enacted. Passed the House of Representatives March 8, 2001. Attest: JEFF TRANDAHL, Clerk.

Economic Growth and Tax Relief Act of 2001 - States that tax rate revisions made by this Act shall not be treated as a tax rate change for purposes of applying the pre-and post-change tax rates under section 15 of the Internal Revenue Code. (Such provision would otherwise apply two tax rates to income in the same tax year, depending upon effective date.)Amends the Code, as of tax year 2001, to establish (in addition to existing brackets) a 12 percent individual tax bracket for each filing status. Caps taxable income levels for the 12 percent bracket at: (1) $12,000 for married individuals filing jointly; (2) $10,000 for heads of households; and (3) $6,000 for unmarried individuals or married individuals filing separately. Applies the current 15 percent bracket to income levels above the 12 percent caps but below current 15 percent caps.Prohibits minimum bracket amount inflation adjustments through tax year 2006. Revises the cost-of-living adjustment formula, as of tax year 2007.Provides, beginning in tax year 2002, for specified reductions in the 12, (maintaining the revised 15 percent bracket without further change), 28, 31, 36, and 39.6 percent individual (and estate) brackets, so that as of 2006 and thereafter, there shall be four tax brackets of 10, 15, 25, and 33 percent.Repeals mandatory reductions in the additional (three or more children) child tax credit and the earned income credit for taxpayers subject to the alternative minimum tax.Revises current tax rates in conformity with the amendments made by this Act respecting: (1) accumulated corporate earnings; (2) personal holding companies; (3) voluntary withholding on certain Federal payments, unemployment benefits, gambling winnings, and Indian casino profits; (3) backup withholding; and (4) supplemental wage payments.States that amounts transferred to any Social Security Act trust fund shall be determined as if this Act had not been enacted.

To amend the Internal Revenue Code of 1986 to reduce individual income tax rates.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Primary Care Workforce Access Improvement Act of 2011''. SEC. 2. MEDICARE PRIMARY CARE GRADUATE MEDICAL EDUCATION PILOT PROJECT. (a) Establishment.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall conduct a pilot project under the Medicare program under title XVIII of the Social Security Act, in accordance with the provisions of this section, to test models for providing payment under such title for direct graduate medical education and indirect medical education to medical education entities, which entities are not otherwise eligible to receive such payments under the Medicare program, for the costs of training primary care residents. (b) Duration.--The Secretary shall conduct the pilot project under this section over a 5-year period, which shall begin not later than 180 days after the date of the enactment of this Act. (c) Models.-- (1) Required models.--Under the pilot project, the Secretary shall test two of each of the following models: (A) A model in which the medical education entity receiving funds under the pilot project is a community- based independent corporate entity collaborating with two or more hospitals to operate one or more primary care graduate medical residency training programs. (B) A model in which-- (i) the medical education entity receiving funds under the pilot project is established by two or more hospitals to operate one or more primary care graduate medical residency training programs; and (ii) such hospitals may be the sole corporate members of the entity but the governing board of the entity shall include at least one community representative. (C) A model in which the medical education entity receiving funds under the pilot project is a hospital subsidiary or independent corporation that operates one or more primary care graduate medical residency training programs for a hospital with community participation in the governance of the subsidiary or corporation. (D) A model in which-- (i) the medical education entity receiving funds under the pilot project is independent of any hospital but collaborates with a hospital in operating one or more primary care graduate medical residency training programs; and (ii) the medical education entity may include a university or school of medicine. (2) Additional models.--Under the pilot project, the Secretary may test models of medical education entities in addition to those described in paragraph (1). (d) Prioritization.--Under the pilot project, the Secretary of Health and Human Services may give priority to testing models that demonstrate the capability of improving the quality, quantity, and distribution of primary care physicians, including the ability to enhance primary care delivery in rural and underserved areas. (e) Payments.-- (1) Payments to medical education entities.--Under the pilot project, the Secretary shall establish a process under which payments are made to each medical education entity participating under such project for direct graduate medical education and indirect medical education costs with respect to primary care residents enrolled under a primary care graduate medical residency training program operated pursuant to a model of such entity under subsection (c) instead of any payment or adjustment that would otherwise be made to a participant hospital (as defined in subsection (m)) of such entity for indirect and direct graduate medical education costs under subsections (d)(5)(B) and (h) of section 1886 of the Social Security Act (42 U.S.C. 1395ww) during the period of participation of such entity in such project. (2) Calculation of payments.--Payments to a medical education entity under the pilot project, with respect to a primary care graduate medical education residency program, for a cost reporting period during which the entity is participating in such pilot shall be, based on the most recently available data with respect to a previous cost reporting period, equal to the sum of the following: (A) Direct gme.--The amount that, out of all of the payment amounts (determined on a per resident basis) received by hospitals under section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)) for such previous cost reporting period, is equal to the 95th percentile of such payment amounts. (B) Indirect gme.--The amount that, out of all of the additional payment amounts (determined on a per resident basis) received by hospitals under section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) for such previous cost reporting period, is equal to the 95th percentile of such payment amounts. (3) Additional payments for programs serving underserved areas.--Payments in addition to the payments described in paragraph (2) may be made under the pilot project for primary care graduate medical residency training programs that-- (A) operate in sites and areas that are underserved by primary care physicians; or (B) change their training sites to include those areas. (4) Payments from medicare trust funds.--In providing for such payments under this subsection to medical education entities, the Secretary shall provide for an allocation of such payments between part A and part B (and the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) and the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act (42 U.S.C. 1395t)) in the same manner as the Secretary provides for an allocation of payments under subsections (d)(5)(B) and (h), respectively, of section 1886 of such Act (42 U.S.C. 1395ww). (f) Uses of Payments.-- (1) In general.--A medical education entity receiving payments under the pilot project shall use such payments for the training of primary care residents, including training activities in appropriate inpatient and outpatient settings in primary care graduate medical residency training programs accredited by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association and for all relevant topics including patient care, care management, working in teams, supervision, and quality improvement. (2) Limitations.--Payments shall only be made for training primary care residents up to the initial board certification of such residents, except that with respect to training in geriatric medicine, payments may also be made for a fellowship after initial board certification. (g) Expansion During Pilot Project.--A medical education entity receiving funds under the pilot project, with respect to a primary care graduate medical residency training program, shall be allowed to increase by up to 50 percent the number of full-time equivalent primary care residents enrolled in the such program (determined in accordance with the process under subsection (d)(2)(A)(ii)) during the duration of the participation of such entity in such project. (h) Treatment After Project.-- (1) In general.--Subject to paragraphs (2) and (3), after the last day of the pilot project, which may be extended at the discretion of the Secretary, any participant hospital of a medical education entity under the pilot project, shall receive payments under subsection (d)(5)(B) and (h) of section 1886 of the Social Security Act (42 U.S.C. 1395ww) in the same manner and to the same extent such hospital would receive such payments without application of this Act and such payments shall be calculated based on the number of full-time equivalent residents enrolled in such program without regard to any increase made pursuant to subsection (g). (2) Exception to ensure residents enrolled during pilot are able to complete training.--Subject to paragraph (3), a medical education entity receiving funds under the pilot project, with respect to a primary care graduate medical residency training program, shall continue to receive funding under this section (even after the last day of the project), with respect to each primary care resident who is enrolled under such program while the entity is participating in such project, to the extent and in such amounts necessary to allow for the full duration of training, subject to subsection (f)(2), of such primary care resident. Any such payments made pursuant to this subparagraph shall be deemed to be a payment made under the pilot project. (3) Limitation.--In no case may the total duration of the pilot project exceed seven years and in no case may payments be made under this section to a medical education entity for a period exceeding seven years. (i) Budget Neutrality.--For each year that the pilot project under this section is being conducted (and for any subsequent year to the extent subsection (h)(2) applies), the Secretary shall reduce payments under subsections (d)(5)(B) and (h) of section 1886 of the Social Security Act (42 U.S.C. 1395ww) by such amount as the Secretary determines to be necessary to ensure that carrying out the pilot project under this section during such year does not result in expenditures under title XVIII of the Social Security Act for such year that exceed the amount of such expenditures that would have been made for such year without application of this section. (j) Waiver Authority.--The Secretary may waive such requirements of titles XI and XVIII of the Social Security Act as may be necessary to carry out the purpose of the pilot project under this section. (k) Report to Congress.--The Secretary is authorized to enter into an agreement with the Institute of Medicine to conduct a study on the results of the pilot project. Such agreement shall provide for the Institute of Medicine to submit, not later than 1 year after the completion of the pilot project under this section (or, if sooner, January 1, 2019), to Congress a report on the results of such study, including-- (1) a detailed analysis of the effects of the pilot, including the quality, quantity, and distribution of primary care physicians during and after the pilot project compared to the quality, quantity, and distribution of such physicians before the pilot project; and the governance, administration and financial strength of the medical educational entities that participated in the pilot project; (2) recommendations on the extent to which the pilot project should be expanded to all primary care residents; and (3) recommendations for such legislation and administrative actions as needed. (l) Expansion.--If the Secretary determines that any of the models tested under the pilot project under this section enhance the quality, quantity, and distribution of primary care physicians for Medicare beneficiaries, the Secretary may initiate comparable primary care training projects. (m) Definitions.--For purposes of this section: (1) Direct graduate medical education costs; indirect graduate medical education costs.--The terms ``direct graduate medical education costs'' and ``indirect graduate medical education'' have the meanings given such terms for purposes of subsections (h) and (d)(5)(B), respectively, of section 1886 of the Social Security Act (42 U.S.C. 1395ww). (2) Medical education entity.--The term ``medical education entity'' means a corporate, nonprofit, or academic entity that has as its principal mission the education and training of primary care residents. (3) 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. (4) Participant hospital.--The term ``participant hospital'' means, with respect to a medical education entity, any hospital that establishes, is collaborating with, a component of, or otherwise associated with, such entity to operate a primary care graduate medical residency training program under a model described in subsection (c). (5) Primary care graduate medical residency training program.--The term ``primary care graduate medical residency training program'' means an approved medical residency training program (as defined in section 1886(h)(5)(A) of the Social Security Act (42 U.S.C. 1395ww(h)(5)(A))) for training primary care residents. (6) Primary care resident.--The term ``primary care resident'' means a resident enrolled in an approved medical residency training program in family medicine, general internal medicine, general pediatrics, or geriatric medicine.

Primary Care Workforce Access Improvement Act of 2011 - Directs the Secretary of Health and Human Services (HHS) to conduct a pilot project under title XVIII (Medicare) of the Social Security Act to test models for providing payment for direct graduate medical education (GME) and indirect medical education (IME) to medical education entities (MEEs), not otherwise eligible to receive such payments, for the costs of training primary care residents. Requires testing of two of the following model MEEs: (1) a community-based independent corporate entity collaborating with two or more hospitals to operate one or more primary care graduate medical residency training programs (training hospitals); (2) a MEE, with at least one community representative on its board, which is established by two or more training hospitals which may be the sole corporate members of the MEE; (3) a hospital subsidiary or independent corporation, with community participation in its governance, that operates one or more training programs for a hospital; or (4) a MEE (including a university or school of medicine) independent of any hospital but collaborating with one in operating one or more primary care graduate medical residency training programs.

To provide for a Medicare primary care graduate medical education pilot project in order to improve access to the primary care workforce.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Intelligence Oversight Act''. SEC. 2. INTELLIGENCE ON IRAN. (a) Submittal to Congress of Updated National Intelligence Estimate on Iran.-- (1) Submittal required.--As soon as is practicable, but not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress an updated National Intelligence Estimate on Iran. (2) Notice regarding submittal.--If the Director determines that the National Intelligence Estimate required by paragraph (1) cannot be submitted by the date specified in that paragraph, the Director shall submit to Congress a report setting forth-- (A) the reasons why the National Intelligence Estimate cannot be submitted by such date; and (B) an estimated date for the submittal of the National Intelligence Estimate. (3) Form.--The National Intelligence Estimate under paragraph (1) shall be submitted in classified form. Consistent with the protection of intelligence sources and methods, an unclassified summary of the key judgments of the National Intelligence Estimate should be submitted. (4) Elements.--The National Intelligence Estimate submitted under paragraph (1) shall address the following: (A) The foreign policy and regime objectives of Iran. (B) The current status of the nuclear programs of Iran, including-- (i) an assessment of the current and projected capabilities of Iran to design a nuclear weapon, to produce plutonium, enriched uranium, and other weapons materials, to build a nuclear weapon, and to deploy a nuclear weapon; and (ii) an assessment of the intentions of Iran regarding possible development of nuclear weapons, the motivations underlying such intentions, and the factors that might influence changes in such intentions. (C) The military and defense capabilities of Iran, including any non-nuclear weapons of mass destruction programs and related delivery systems. (D) The relationship of Iran with terrorist organizations, the use by Iran of terrorist organizations in furtherance of its foreign policy objectives, and the factors that might cause Iran to reduce or end such relationships. (E) The prospects for support from the international community for various potential courses of action with respect to Iran, including diplomacy, sanctions, and military action. (F) The anticipated reaction of Iran to the courses of action set forth under subparagraph (E), including an identification of the course or courses of action most likely to successfully influence Iran in terminating or moderating its policies of concern. (G) The level of popular and elite support within Iran for the Iran regime, and for its civil nuclear program, nuclear weapons ambitions, and other policies, and the prospects for reform and political change within Iran. (H) The views among the populace and elites of Iran with respect to the United States, including views on direct discussions with or normalization of relations with the United States. (I) The views among the populace and elites of Iran with respect to other key countries involved in nuclear diplomacy with Iran. (J) The likely effects and consequences of any military action against the nuclear programs or other regime interests of Iran. (K) The confidence level of key judgments in the National Intelligence Estimate, the quality of the sources of intelligence on Iran, the nature and scope of any gaps in intelligence on Iran, and any significant alternative views on the matters contained in the National Intelligence Estimate. (b) Presidential Report on Policy Objectives and United States Strategy Regarding Iran.-- (1) Report required.--As soon as is practicable, but not later than 90 days after the date of the enactment of this Act, the President shall submit to Congress a report on the following: (A) The objectives of United States policy on Iran. (B) The strategy for achieving such objectives. (2) Form.--The report under paragraph (1) shall be submitted in unclassified form with a classified annex, as appropriate. (3) Elements.--The report submitted under paragraph (1) shall-- (A) address the role of diplomacy, incentives, sanctions, other punitive measures and incentives, and other programs and activities relating to Iran for which funds are provided by Congress; and (B) summarize United States contingency planning regarding the range of possible United States military actions in support of United States policy objectives with respect to Iran. (c) Director of National Intelligence Report on Process for Vetting and Clearing Administration Officials' Statements Drawn From Intelligence.-- (1) Report required.--As soon as is practicable, but not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report on the process for vetting and clearing statements of Administration officials that are drawn from or rely upon intelligence. (2) Elements.--The report shall-- (A) describe current policies and practices of the Office of the Director of National Intelligence and the intelligence community for-- (i) vetting and clearing statements of senior Administration officials that are drawn from or rely upon intelligence; and (ii) how significant misstatements of intelligence that may occur in public statements of senior public officials are identified, brought to the attention of any such officials, and corrected; (B) assess the sufficiency and adequacy of such policies and practices; and (C) include any recommendations that the Director considers appropriate to improve such policies and practices.

Iran Intelligence Oversight Act - Requires the Director of National Intelligence, within 90 days after the enactment of this Act, to submit to Congress an updated National Intelligence Estimate on Iran. Directs, within the same time frame: (1) the President to report on the objectives of U.S. policy on Iran, as well as the strategy for achieving such objectives; and (2) the Director to report on the process for vetting and clearing statements of Administration officials that are drawn from or rely upon intelligence.

A bill to ensure oversight of intelligence on Iran, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Seniors Financial Fraud Prevention Act of 2010''. SEC. 2. OFFICE FOR THE PREVENTION OF FRAUD TARGETING SENIORS. (a) Establishment of Office.--The Federal Trade Commission shall establish a separate office within the Commission for the purpose of preventing fraud targeting seniors and to assist the Commission with the following: (1) Oversight.--The office shall monitor the market for mail, telemarketing, television, and Internet fraud targeting seniors and shall coordinate with other relevant agencies regarding the requirements of this section. (2) Consumer education.--The Federal Trade Commission through the office shall, after consultation with the Attorney General, the Secretary of Health and Human Services, the Postmaster General, and the Chief Postal Inspector for the United States Postal Inspection Service-- (A) disseminate to seniors and families and caregivers of seniors general information on mail, telemarketing, television, and Internet fraud targeting seniors, including descriptions of the most common fraud schemes; (B) disseminate to seniors and families and caregivers of seniors information on means of referring complaints of fraud targeting seniors to appropriate law enforcement agencies, including the Director of the Federal Bureau of Investigation, the attorneys general of the States, and a national toll-free telephone number for reporting mail, telemarketing, television, and Internet fraud established by the Federal Trade Commission; (C) in response to a specific request about a particular entity or individual, provide publicly available information on any record of civil or criminal law enforcement action for mail, telemarketing, television, or Internet fraud against such entity; and (D) maintain a website to serve as a resource for information for seniors and families and caregivers of seniors regarding mail, telemarketing, television, and Internet fraud targeting seniors. (3) Complaints.--The Federal Trade Commission through the office shall, after consultation with the Attorney General, establish procedures to-- (A) log and acknowledge the receipt of complaints by individuals who certify that they have a reasonable belief that they have been the victim of fraud in connection with the conduct of mail, telemarketing (as that term is defined in section 2325 of title 18, United States Code), television, and Internet; (B) provide to individuals described in subparagraph (A), and to any other persons, information on mail, telemarketing, television, and Internet fraud, including-- (i) general information on mail, telemarketing, television, and Internet fraud, including descriptions of the most common mail, telemarketing, television, and Internet fraud schemes; (ii) information on means of referring complaints on mail, telemarketing, television, and Internet fraud to appropriate law enforcement agencies, including the Director of the Federal Bureau of Investigation and the Attorney General; and (iii) information, if available, on the number of complaints of mail, telemarketing, television, and Internet fraud against particular companies and any record of convictions for mail, telemarketing, television, and Internet fraud by particular companies for which a specific request has been made; and (C) refer complaints described in subparagraph (A) to appropriate entities, including State consumer protection agencies or entities and appropriate law enforcement agencies, for potential law enforcement action. (b) Commencement.--The Federal Trade Commission shall commence carrying out the requirements of this section not later than one year after the date of enactment of this Act.

Seniors Financial Fraud Prevention Act of 2010 - Establishes a separate office within the Federal Trade Commission (FTC) for the prevention of fraud targeting seniors and requires the office to assist the FTC in monitoring the market for mail, telemarketing, television, and Internet fraud which targets seniors. Requires the FTC through such office: (1) to disseminate to seniors and their families and caregivers information on mail, telemarketing, television, and Internet fraud targeting seniors, including on ways of referring complaints to appropriate law enforcement agencies; (2) in response to a request about a particular entity or individual, to provide publicly available information on any record of civil or criminal law enforcement action for such fraud; and (3) to maintain a website as a resource for such individuals on those kinds of fraud. Requires the FTC through such office to establish procedures to: (1) log and acknowledge complaints from individuals who certify that they believe they have been victims of mail, telemarketing, television, or Internet fraud; (2) provide certain information on those kinds of fraud; and (3) refer such complaints to appropriate entities, including state consumer protection agencies and entities and appropriate law enforcement agencies, for potential law enforcement action.

To establish a separate office within the Federal Trade Commission to prevent fraud targeting seniors, and for other purposes.

SECTION 1. LIMITATION ON LIABILITY FOR PROTECTION OF COPYRIGHTED WORKS ON PEER-TO-PEER NETWORKS. (a) In General.--Chapter 5 of title 17, United States Code, is amended by adding at the end the following new section: ``Sec. 514. Remedies for infringement: use of technologies to prevent infringement of copyrighted works on peer-to-peer computer networks ``(a) In General.--Notwithstanding any State or Federal statute or other law, and subject to the limitations set forth in subsections (b) and (c), a copyright owner shall not be liable in any criminal or civil action for disabling, interfering with, blocking, diverting, or otherwise impairing the unauthorized distribution, display, performance, or reproduction of his or her copyrighted work on a publicly accessible peer-to-peer file trading network, if such impairment does not, without authorization, alter, delete, or otherwise impair the integrity of any computer file or data residing on the computer of a file trader. ``(b) Exceptions.--Subsection (a) shall not apply to a copyright owner in a case in which-- ``(1) in the course of taking an action permitted by subsection (a), the copyright owner-- ``(A) impairs the availability within a publicly accessible peer-to-peer file trading network of a computer file or data that does not contain a work, or portion thereof, in which the copyright owner has an exclusive right granted under section 106, except as may be reasonably necessary to impair the distribution, display, performance, or reproduction of such a work, or portion thereof, in violation of any of the exclusive rights of the copyright owner under section 106; ``(B) causes economic loss to any person other than affected file traders; or ``(C) causes economic loss of more than $50.00 per impairment to the property of the affected file trader, other than economic loss involving computer files or data made available through a publicly accessible peer- to-peer file trading network that contain works in which the owner has an exclusive right granted under section 106; or ``(2) the copyright owner fails to comply with the requirements of subsection (c). ``(c) Notification Requirement.--(1) A copyright owner shall not be liable under subsection (a) for an act to which subsection (a) applies only if-- ``(A) the copyright owner has notified the Department of Justice, in such manner as the Attorney General shall specify, of the specific technologies the copyright owner intends to use to impair the unauthorized distribution, display, performance, or reproduction of the owner's copyrighted works over a publicly accessible peer-to-peer file trading network; and ``(B) the notification under paragraph (1) was made at least 7 days before the copyright owner engaged in the act. ``(2) At the request of an affected file trader or the assignee of an Internet Protocol address used by an affected file trader, a copyright owner shall provide notice to the affected file trader or assignee (as the case may be) of-- ``(A) the reason for impairing trading in the computer file or data containing the copyrighted work of the copyright owner; ``(B) the name and address of the copyright owner; and ``(C) the right of the affected file trader to bring an action described in subsection (d). ``(3) The notification by a copyright owner under paragraph (1) shall not be construed for any purpose as an admission of an unlawful act. ``(d) Cause of Action for Wrongful Impairment.--(1) If, pursuant to the authority provided by subsection (a), a copyright owner knowingly and intentionally impairs the distribution, display, performance, or reproduction of a particular computer file or data, and has no reasonable basis to believe that such distribution, display, performance, or reproduction constitutes an infringement of copyright, and an affected file trader suffers economic loss in excess of $250 as a result of the act by the copyright owner, the affected file trader may seek compensation for such economic loss in accordance with the following: ``(A) The affected file trader may file a claim for such compensation with the Attorney General not later than 1 year after the date on which the claim accrues. The Attorney General shall, not later than 10 days after the claim is filed, serve notice of the claim on the copyright owner against whom the claim is brought, and shall investigate the claim. The claim shall be in writing under oath or affirmation and shall contain such information and be in such form as the Attorney General requires. The claim shall not be made public by the Attorney General. ``(B) If the Attorney General determines after such investigation that there is not reasonable cause to believe that the facts alleged in the claim are true, the Attorney General shall dismiss the claim and promptly notify the affected file trader and the copyright owner against whom the claim is brought of the Attorney General's action. ``(C) If the Attorney General determines after such investigation that there is reasonable cause to believe that the facts alleged in the claim are true, the Attorney General shall promptly notify the affected file trader and the copyright owner of the Attorney General's determination. ``(D) The Attorney General shall make the determination on reasonable cause as promptly as possible, but in no case later than 120 days after the date on which the claim is filed. ``(E) The affected file trader may seek compensation for the economic loss that is the subject of the claim, plus reasonable attorney's fees, in the appropriate United States district court by filing an action in such court-- ``(i) not later than 60 days after being notified of the Attorney General's determination under subparagraph (C); or ``(ii) if the Attorney General has not made a determination on the claim within the 120-day period specified in subparagraph (D), not later than 60 days after the end of that 120-day period. ``(2) The cause of action established by this subsection shall only be available as a remedy against impairing actions that would not be lawful but for subsection (a). ``(e) Suits by United States.--The Attorney General of the United States may seek injunctive relief in the appropriate United States district court to prevent a copyright owner from engaging in impairing activities that would not be lawful but for subsection (a) if that owner has engaged in a pattern or practice of impairing the distribution, display, performance, or reproduction of computer files or data without a reasonable basis to believe that infringement of copyright has occurred. ``(f) Construction With Other Statutes.--(1) Nothing in this section shall be construed as limiting the authority of a copyright owner to take any otherwise lawful action to enforce any of the exclusive rights granted by section 106. ``(2) Nothing in this section shall limit any remedies available to a person under section 1030 of title 18, or under any other State or Federal statute or any other law, against a copyright owner who fails to qualify for the protections afforded under subsection (a). ``(3) Actions taken by a copyright owner pursuant to subsection (a) shall not be considered by a court for any other purpose under this title, including in determining whether a particular use of a work is infringing. ``(g) Nondisclosure of Information.--Information contained in any notification under subsection (c)(1)(A) may not be made available to the public under section 552 of title 5. ``(h) Definitions.--In this section-- ``(1) the term `economic loss' means monetary costs only; ``(2) `peer-to-peer file trading network' means two or more computers which are connected by computer software that-- ``(A) is primarily designed to-- ``(i) enable the connected computers to transmit files or data to other connected computers; ``(ii) enable the connected computers to request the transmission of files or data from other connected computers; and ``(iii) enable the designation of files or data on the connected computers as available for transmission; and ``(B) does not permanently route all file or data inquiries or searches through a designated, central computer located in the United States; ``(3) a peer-to-peer file trading network is `publicly accessible' if-- ``(A) participation in the network is substantially open to the public; and ``(B) the network enables the transmission of computer files or data over the Internet or any other public network of computers; ``(4) the term `file trader' means an individual who is utilizing a publicly accessible, peer-to-peer file trading network to transmit, make available for transmission, or download computer files or data, or the owner of a computer that is connected to a publicly accessible, peer-to-peer file trading network and is engaged in the transmission of computer files or data through the peer-to-peer file trading network; ``(5) the term `distribution', in the case of a computer connected to a peer-to-peer file trading network, includes the placement of a computer file or data in an area of a computer that is accessible to other computers connected to the peer-to- peer file trading network; and ``(6) the term `copyright owner' means a legal or beneficial owner of an exclusive right under section 106 and any party authorized to act on the owner's behalf.''. (b) Conforming Amendment.--The table of sections for chapter 5 of title 17, United States Code, is amended by adding at the end the following new item: ``514. Remedies for infringement: use of technologies to prevent infringement of copyrighted works on peer- to-peer computer networks.''.

Amends Federal copyright law to protect a copyright owner from liability in any criminal or civil action for impairing, with appropriate technology, the unauthorized distribution, display, performance, or reproduction of his or her copyrighted work on a publicly accessible peer-to-peer file trading network, if such impairment does not, without authorization, alter, delete, or otherwise impair the integrity of any computer file or data residing on the computer of a file trader.Denies such liability protection to a copyright owner who does not comply with certain notification requirements or who: (1) impairs the availability within a publicly accessible peer-to-peer file trading network of a computer file or data that does not contain a work in which the owner has an exclusive copyright; (2) causes economic loss to any person other than affected file traders; or (3) causes other economic loss of more than $50.00 per impairment to the property of the affected file trader.Conditions a copyright owner's protection from liability upon seven-days' notice to the Department of Justice of the specific technologies intended for use to impair unauthorized distribution, display, performance, or reproduction of a copyrighted work. Requires notice as well, upon request, to an affected file trader or the assignee of an Internet Protocol address used by an affected file trader.Provides for a cause of action against a copyright owner for wrongful impairment, including an action by the Attorney General for injunctive relief in certain circumstances.

To amend title 17, United States Code, to limit the liability of copyright owners for protecting their works on peer-to-peer networks.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Kids from Day One Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Preschool years are a critical time for determining whether or not an individual will develop obesity later in life. (2) The Journal of Clinical Pediatrics reports that the ``tipping point'' in obesity often occurs before 2 years of age, and sometimes as early as 3 months, when the child is learning how much and what to eat. (3) Aerobic fitness and healthy eating patterns support enhanced behavioral, emotional, and academic performance in school. (4) More than 21 percent of preschool children are overweight or obese. (5) A 2009 preschool study found that 89 percent of a preschooler's day is sedentary. (6) The amount of time children spend outdoors is dwindling rapidly, as evidenced by studies showing that children enjoy half the outdoor time they did just 20 years ago. Meanwhile, children are spending nearly 8 hours per day in front of electronic media. (7) Studies indicate that children who are overweight at age 5 are more likely to be more overweight at age 9. (8) Rates of obesity are higher for African-American, Latino, Native American, and Native Alaskan children than the overall population of the children in the United States. (9) Children who are obese have a greater likelihood of being obese in adulthood and developing heart disease, diabetes, and other chronic conditions. (10) In 2005, 61 percent of children from birth through age 6 who were not yet in kindergarten (about 12,000,000 children) received some form of child care on a regular basis from persons other than their parents. (11) A 2008 survey by the National Association of Child Care Resource and Referral Agencies reported that 93 percent of parents thought existing health and safety standards for child care should be improved. (12) Child care centers, family child care homes, and other early learning environments should serve as settings where children adopt healthy eating habits and have opportunities for age appropriate physical activity. (13) Age-appropriate physical activity in the outdoors, in particular, can produce immense physical, mental and emotional health benefits, including addressing childhood obesity, decreasing symptoms of attention deficit and hyperactivity disorder, improving motor skills, stimulating brain development, increasing creativity and quality sleep, and reducing the risk of developing myopia. (14) The governmental, nonprofit, and private sectors came together to launch Let's Move Child Care, a voluntary effort to work with child care providers to help children get off to a healthy start through healthy eating, physical activity, and screen time reduction strategies. Learning collaboratives that build upon these key elements will assist providers and parents in giving children the foundation they need for a healthy life. (b) Purposes.--It is the purpose of this Act to-- (1) establish a 3-year pilot program in 5 States representing a diversity of rural and urban environments that will support child care collaboratives designed to reduce the prevalence of overweight/obesity among children from birth to age 5 in child care settings through dissemination of available tools and curricula and implementation of emerging best practices; (2) enhance the focus of child care centers and family child care homes serving the population of children from birth to age 5 on the healthy development of children through evidence-based or data-informed policies and practices to improve healthy eating, physical activity, and screen time limits; and (3) upon completion of the 3-year period, terminate the pilot program and disseminate the best practices and lessons learned from the pilot program through other systems, programs, or partnerships. SEC. 3. HEALTHY KIDS PROGRAM. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART W--HEALTHY KIDS PROGRAM ``SEC. 399OO. DEFINITIONS. ``In this part: ``(1) Child care center.--The term `child care center' means a center licensed or otherwise authorized to provide child care and services for fewer than 24 hours per day per child in a non-residential setting, unless care in excess of 24 hours is due to the nature of the parents' work. ``(2) Early learning council.--The term `early learning council' means an early childhood assembly that is established to advise governors, State legislators, or State agency administrators on how best to meet the needs of young children and their families specifically through improvement of programs and services. ``(3) Family child care home.--The term `family child care home' means a private family home where home-based child care is provided for a portion of the day, unless care in excess of 24 hours is due to the nature of the parents' work, and that is certified, registered, or licensed in the State in which it is located. ``(4) Screen time limits.--The term `screen time limits' means policies or guidelines, such as those developed by the American Academy of Pediatrics, designed to reduce the daily amount of time that children spend watching or looking at digital monitors or displays, including television sets, computer monitors, or hand-held gaming devices. ``(5) State.--Notwithstanding section 2(f), the term `State' means-- ``(A) each of the several States; ``(B) the District of Columbia; ``(C) an Indian tribe or tribal organization; ``(D) the Commonwealth of Puerto Rico; and ``(E) any other territory or possession of the United States. ``SEC. 399OO-1. GRANTS. ``(a) In General.-- ``(1) In general.--The Secretary, in consultation with appropriate entities within the Department of Health and Human Services, shall award 3-year competitive grants to 5 eligible entities to help reduce and prevent obesity among the population of children from birth to age 5 in a State and to encourage parental engagement in child care settings outside a child's place of residence. ``(2) Eligible entities.--To be an eligible entity under paragraph (1), an entity shall be-- ``(A) a State health department (or other appropriate child care licensing entities within such State); or ``(B) a nonprofit organization or a partnership of nonprofit organizations with expertise in the healthy development of children. ``(b) Use of Funds.-- ``(1) In general.--Grantees shall use amounts received under a grant under this subsection-- ``(A)(i) to establish one or more child care collaboratives consisting of the center director and staff members from multiple child care sites and family child care homes; ``(ii) in the case of a State grantee, to contract with a nonprofit organization in the State with expertise in the healthy development of children to establish the collaborative or collaboratives; or ``(iii) to provide funding to an entity that routinely trains child care providers to establish the collaborative or collaboratives; and ``(B) to provide or contract with the organizer of the collaborative or collaboratives to provide-- ``(i) technical assistance, including onsite assistance when appropriate, to the child care providers participating in the collaborative; ``(ii) a compilation of best practices, strategies, and lessons learned from the collaborative, to be reported annually to the Secretary; and ``(iii) a plan to ensure that the collaborative will be sustainable, without additional Federal funding, upon the conclusion of the 3-year pilot program. ``(2) Collaboratives.--Each collaborative established under clause (i), (ii), or (iii) of paragraph (1)(A) shall share best practices, strategies, and techniques for successfully implementing evidence-based or data-informed policies and practices relating to healthy eating, physical activity, parental engagement, and other topics, such as breastfeeding, relating to the healthy development of children, using available curricula, tools, and other interventions. ``(3) Content of plan.--The plan described under paragraph (1)(B)(iii) may include the incorporation of the best practices, strategies, and techniques described in paragraph (2) into the training and professional development for child care providers in the State or other approaches determined appropriate by the State and the Secretary. ``(c) Collaborative Training Requirements.-- ``(1) In general.--Collaboratives shall incorporate no less than 5 and no more than 10 daylong, interactive training sessions each year and ongoing technical assistance to the child care providers participating in the collaborative that include-- ``(A) the provision and discussion of information concerning implementation by the child care providers of age-appropriate healthy eating and physical activity interventions, using available tools and culturally competent curricula for population of children from birth to age 5 in the State involved, which at a minimum shall include-- ``(i) a handbook that includes recommendations, guidelines, and best practices for child care centers and family child care homes relating to healthy eating, physical activity, and screen time reduction; ``(ii) information about the availability of and services provided by child care health consultants; and ``(iii) health and wellness resources available through the Child Care Bureau, the Maternal and Child Health Bureau, Let's Move Child Care, and the Food and Nutrition Service of the Department of Agriculture; ``(B) the identification, improvement upon, and expansion of nutrition and physical activity best practices targeted to the population of children from birth to age 5 in the State involved and the identification of strategies for incorporating parental education and other parental engagement; ``(C) the identification of strategies and techniques for overcoming barriers to healthy eating, physical activity, and parental engagement; and ``(D) the provision of instruction and discussion of techniques used to appropriately model, direct, and encourage child care staff behavior to apply the best practices and strategies identified under subparagraphs (B) and (C). ``(d) Practice, Curricula, and Policy Changes.--A grantee shall ensure that the participants involved in the collaborative, on an ongoing basis-- ``(1) implement policy changes that promote healthy eating, physical activity, and appropriate screen time limits among the population of children from birth to age 5; ``(2) utilize a culturally competent healthy eating and physical activity curriculum focusing on such population of children from birth to age 5; ``(3) implement programs, activities, and procedures for incorporating parental education and engagement of parents in programs; and ``(4) implement innovative ways to remove barriers that exist to providing opportunities for healthy eating and physical activity. All activities described in this subsection shall be evidence-based and data-informed and be consistent with the curriculum presented through training activities described in subsection (c). ``SEC. 399OO-2. GRANTS FOR THE EVALUATION OF PILOT PROGRAMS. ``The Secretary shall award competitive grants to Prevention Research Centers, universities, or other appropriate entities to evaluate the programs carried out with grants under section 399OO-1, including baseline, process, and outcome measurements. ``SEC. 399OO-3. COORDINATION. ``(a) Interagency Coordination.--To the extent practicable, the Secretary shall coordinate activities conducted under this part with activities undertaken by the National Prevention, Health Promotion and Public Health Council established under section 4001 of the Patient Protection and Affordable Care Act. ``(b) Pilot Coordination.--The Secretary shall designate an entity (directly or through contract) to provide technical assistance to States and pilot centers in the coordination of activities as described in subsection (a). ``SEC. 399OO-4. TECHNICAL ASSISTANCE, EVALUATION, AND REPORTING. ``(a) Technical Assistance and Information.--The Secretary shall-- ``(1) provide technical assistance to grantees and other entities providing training under a grant under section 399OO- 1; and ``(2) disseminate to grantees information concerning evidence-based or data-informed approaches, including dissemination of available tools, curricula, and available or emerging best practices that can be expanded or improved upon through the pilot program conducted under section 399OO-1. ``(b) Evaluation Requirements.--With respect to evaluations conducted under section 399OO-2, the Secretary shall ensure that-- ``(1) evaluation metrics are consistent across all programs funded under this part; ``(2) interim outcomes are measured by the number of centers that adopt policies to increase healthy eating and physical activity and reduce screen time; ``(3) interim outcomes are measured, to the extent practicable, by changes in foods served, opportunities for physical activity, and screen time in the child care participants in the collaboratives established under section 399OO-1; and ``(4) upon completion of the pilot program under section 399OO-1, the evaluation shall include an identification of policies, best practices, and strategies to improve healthy eating, physical activity, screen time limits, and parental engagement that could be replicated in other child care settings. ``(c) Dissemination of Information.--Upon the conclusion of the pilot program under section 399OO-1, the Secretary shall disseminate to all appropriate agencies within the Department of Health and Human Services evidence, strategies, best practices, and lessons learned from grantees. Such agencies shall encourage the utilization of best practices through Federal programs and other appropriate methods. ``(d) Report to Congress.--Not later than 180 days after the completion of the pilot program under section 399OO-1, the Secretary shall submit to Congress a report concerning the evaluation of the pilot program, including recommendations as to how lessons learned from such programs can be incorporated into future guidance documents developed and provided by the Secretary and other Federal agencies, as well as Federal programs, as appropriate. ``SEC. 399OO-5. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this part, $1,500,000 for each of fiscal years 2012, 2013, and 2014.''.

Healthy Kids from Day One Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to award three-year competitive grants to five eligible entities to help reduce and prevent obesity among children from birth to age five in a state and to encourage parental engagement in child care settings outside a child's place of residence. Identifies as eligible entities: (1) a state health department or other appropriate child care licensing entities within the state, or (2) a nonprofit organization or a partnership of nonprofit organizations with expertise in the healthy development of children. Requires grant funds to be used to: (1) establish child care collaboratives; (2) provide funding to entities that routinely train child care providers to establish collaboratives; and (3) provide technical assistance to participating providers, a compilation of best practices, strategies, and lessons learned from the collaborative, and a plan to ensure that the collaborative will be sustainable, without additional federal funding, upon the conclusion of the grants. Requires each collaborative to: (1) share best practices, strategies, and techniques for successfully implementing policies and practices relating to healthy eating, physical activity, parental engagement, and other topics relating to the healthy development of children; and (2) incorporate between 5 and 10 day-long, interactive training sessions each year and ongoing technical assistance to participating child care providers. Directs the Secretary to: (1) award grants to Prevention Research Centers, universities, or other appropriate entities to evaluate programs carried out under such grants; (2) coordinate activities conducted under this Act with activities undertaken by the National Prevention, Health Promotion, and Public Health Council; and (3) disseminate to all appropriate HHS agencies evidence, strategies, best practices, and lessons learned from grantees.

A bill to establish a pilot program to address overweight/obesity among children from birth to age 5 in child care settings and to encourage parental engagement.