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SECTION 1. SHORT TITLE. This Act may be cited as the ``NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017''. SEC. 2. NIST MISSION TO ADDRESS CYBERSECURITY THREATS. Section 20(a)(1) of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3(a)(1)) is amended by inserting ``, emphasizing the principle that expanding cybersecurity threats require engineering security from the beginning of an information system's life cycle, building more trustworthy and secure components and systems from the start, and applying well-defined security design principles throughout'' before the semicolon. SEC. 3. IMPLEMENTATION OF CYBERSECURITY FRAMEWORK. The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is amended by inserting after section 20 the following: ``SEC. 20A. FRAMEWORK FOR IMPROVING CRITICAL INFRASTRUCTURE CYBERSECURITY. ``(a) Implementation by Federal Agencies.--The Institute shall promote the implementation by Federal agencies of the Framework for Improving Critical Infrastructure Cybersecurity (in this section and section 20B referred to as the `Framework') by providing to the Office of Management and Budget, the Office of Science and Technology Policy, and all other Federal agencies, not later than 6 months after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017, guidance that Federal agencies may use to incorporate the Framework into their information security risk management efforts, including practices related to compliance with chapter 35 of title 44, United States Code, and any other applicable Federal law. ``(b) Guidance.--The guidance required under subsection (a) shall-- ``(1) describe how the Framework aligns with or augments existing agency practices related to compliance with chapter 35 of title 44, United States Code, and any other applicable Federal law; ``(2) identify any areas of conflict or overlap between the Framework and existing cybersecurity requirements, including gap areas where additional policies, standards, guidelines, or programs may be needed to encourage Federal agencies to use the Framework and improve the ability of Federal agencies to manage cybersecurity risk; ``(3) include a template for Federal agencies on how to use the Framework, and recommend procedures for streamlining and harmonizing existing and future cybersecurity-related requirements, in support of the goal of using the Framework to supplant Federal agency practices in compliance with chapter 35 of title 44, United States Code; ``(4) recommend other procedures for compliance with cybersecurity reporting, oversight, and policy review and creation requirements under such chapter 35 and any other applicable Federal law; and ``(5) be updated, as the Institute considers necessary, to reflect what the Institute learns from ongoing research, the audits conducted pursuant to section 20B(c), the information compiled by the Federal working group established pursuant to subsection (c), and the annual reports published pursuant to subsection (d). ``(c) Federal Working Group.--Not later than 3 months after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017, the Institute shall establish and chair a working group (in this section referred to as the `Federal working group'), including representatives of the Office of Management and Budget, the Office of Science and Technology Policy, and other appropriate Federal agencies, which shall-- ``(1) not later than 6 months after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017, develop outcome-based and quantifiable metrics to help Federal agencies in their analysis and assessment of the effectiveness of the Framework in protecting their information and information systems; ``(2) update such metrics as the Federal working group considers necessary; ``(3) compile information from Federal agencies on their use of the Framework and the results of the analysis and assessment described in paragraph (1); and ``(4) assist the Office of Management and Budget and the Office of Science and Technology Policy in publishing the annual report required under subsection (d). ``(d) Report.--The Office of Management and Budget and the Office of Science and Technology Policy shall develop and make publicly available an annual report on agency adoption rates and the effectiveness of the Framework. In preparing such report, the Offices shall use the information compiled by the Federal working group pursuant to subsection (c)(3). ``SEC. 20B. CYBERSECURITY AUDITS. ``(a) Initial Assessment.-- ``(1) Requirement.--Not later than 6 months after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017, the Institute shall complete an initial assessment of the cybersecurity preparedness of the agencies described in paragraph (2). Such assessment shall be based on information security standards developed under section 20, and may also be informed by work done or reports published by other Federal agencies or officials. ``(2) Agencies.--The agencies referred to in paragraph (1) are the agencies referred to in section 901(b) of title 31, United States Code, and any other agency that has reported a major incident (as defined in the Office of Management and Budget Memorandum--16--03, published on October 30, 2015, or any successor document). ``(3) National security systems.--The requirement under paragraph (1) shall not apply to national security systems (as defined in section 3552(b) of title 44, United States Code). ``(b) Audit Plan.--Not later than 6 months after the date of enactment of this Act, the Institute shall prepare a needs-based plan for carrying out the audits of agencies as required under subsection (c). Such plan shall include a description of staffing plans, workforce capabilities, methods for conducting such audits, coordination with agencies to support such audits, expected timeframes for the completion of audits, and other information the Institute considers relevant. The plan shall be transmitted by the Institute to the congressional entities described in subsection (c)(4)(F). ``(c) Audits.-- ``(1) Requirement.--Not later than 6 months after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017, the Institute shall initiate an individual cybersecurity audit of each agency described in subsection (a)(2), to assess the extent to which the agency is meeting the information security standards developed under section 20. ``(2) Relation to framework.--Audits conducted under this subsection shall-- ``(A) to the extent applicable and available, be informed by the report on agency adoption rates and the effectiveness of the Framework described in section 20A(d); and ``(B) if the agency is required by law or executive order to adopt the Framework, be based on the guidance described in section 20A(b) and metrics developed under section 20A(c)(1). ``(3) Schedule.--The Institute shall establish a schedule for completion of audits under this subsection to ensure that-- ``(A) audits of agencies whose information security risk is high, based on the assessment conducted under subsection (a), are completed not later than 1 year after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017, and are audited annually thereafter; and ``(B) audits of all other agencies described in subsection (a)(2) are completed not later than 2 years after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017, and are audited biennially thereafter. ``(4) Report.--A report of each audit conducted under this subsection shall be transmitted by the Institute to-- ``(A) the Office of Management and Budget; ``(B) the Office of Science and Technology Policy; ``(C) the Government Accountability Office; ``(D) the agency being audited; ``(E) the Inspector General of such agency, if there is one; and ``(F) Congress, including the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.''.

NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017 (Sec. 2) This bill amends the National Institute of Standards and Technology Act to require the National Institute of Standards and Technology (NIST), in developing standards for information systems, to emphasize the principle that expanding cybersecurity threats require: (1) engineering security from the beginning of a system's life cycle, (2) building more trustworthy and secure components and systems from the start, and (3) applying well-defined security design principles throughout systems. (Sec. 3) NIST must provide guidance for agencies to incorporate into their information security risk management efforts the Framework for Improving Critical Infrastructure Cybersecurity (Framework). Such guidance shall: describe how the Framework aligns or augments existing agency practices; identify any areas of conflict or overlap between the Framework and existing cybersecurity requirements; include a template for federal agencies on how to use the Framework and recommend procedures for streamlining and harmonizing existing and future cybersecurity-related requirements; recommend other procedures for compliance with cybersecurity reporting, oversight, and policy review; and be updated to reflect what NIST learns from ongoing research, cybersecurity audits, information compiled by the federal working group, and annual reports. NIST must chair a federal working group to coordinate the development of metrics and tools to measure the effectiveness of the Framework for federal agencies protecting their information and information systems. The federal working group must assist the Office of Management and Budget (OMB) and Office of Science and Technology Policy (OSTP) in publishing annual reports on agency adoption rates and the effectiveness of the Framework. NIST must initiate an individual cybersecurity audit of certain agencies to assess the extent to which each agency meets information security standards. NIST shall prepare a needs-based plan for the audits that includes: (1) a description of staffing plans, (2) workforce capabilities, (3) methods of conducting such audits, (4) coordination with agencies to support such audits, (5) expected timeframe for the completion of the audits, and (6) other relevant information. NIST must report on the audit of each agency to: (1) OMB, (2) the OSTP, (3) the Government Accountability Office, (4) the agency being audited and its inspector general, and (5) Congress.

NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Incentive Access Act of 2002''. SEC. 2. INCENTIVE PAYMENT IN MEDICARE HEALTH PROFESSIONAL SHORTAGE AREAS DEMONSTRATION PROJECT. Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following new section: ``incentive payments in medicare health professional shortage areas demonstration project ``Sec. 1897. (a) Establishment.-- ``(1) In general.--The Secretary shall establish a demonstration project under which-- ``(A) pursuant to paragraph (3), the Secretary designates areas in a State selected under paragraph (5) as medicare health professional shortage areas; and ``(B) an incentive payment is provided under part B to primary care physicians for each physician's service (as defined in section 1861(q)) that is furnished in a medicare health professional shortage area to an individual enrolled under such part. ``(2) Primary care physician defined.--For purposes of this section, the term `primary care physician' has the meaning given such term for purposes of designating health professional shortage areas under section 332(a) of the Public Health Service Act (42 U.S.C. 254e(a)). ``(3) Designation of areas.--The Secretary shall designate an area in a State selected under paragraph (5) as a medicare health professional shortage area if the Secretary determines, using the methodology established under subsection (b)(1)(B), that individuals enrolled under part B and residing in the area have inadequate access to primary care physicians. ``(4) Terms and conditions.-- ``(A) Incentive payment in addition to payment otherwise made.-- ``(i) In general.--Subject to clause (ii), the incentive payment made under the demonstration project for a physician's service shall be in addition to the amount otherwise made for the service under part B. ``(ii) No payments under the incentive payment program in a demonstration state during operation of the demonstration program.-- Subject to subparagraph (D), notwithstanding section 1833(m), during the operation of the demonstration project in a State selected under paragraph (5), the Secretary may not make any incentive payment to any physician under such section for any service furnished in any part of such State, regardless of-- ``(I) whether the physician is eligible for bonus payments under the demonstration program; and ``(II) where the service was furnished in the State. ``(B) Amount of incentive payment.--The amount of the incentive payment for a physician's service furnished under the demonstration project shall be an amount equal to 40 percent of the payment amount for the service under part B. ``(C) No effect on amount of coinsurance an individual is required to pay.--The amount of any coinsurance that an individual enrolled under part B is responsible for paying with respect to a physicians' service furnished to the individual shall be determined as if this section had not been enacted. ``(D) No effect on payments to critical access hospitals.--The amount of payment for outpatient critical access services of a critical access hospital under section 1834(g) shall be determined as if this section had not been enacted. ``(5) Demonstration sites.--The Secretary shall conduct the demonstration project in 5 States selected by the Secretary as demonstration sites. ``(6) Automation of incentive payments.-- ``(A) In general.--Under the demonstration project, incentive payments under paragraph (1)(B) to a primary care physician shall be made automatically to the physician rather than the physician being responsible for determining when a payment is required to be made under that paragraph. ``(B) Incentive payment based on zip codes.--In order to comply with subparagraph (A), the Secretary shall establish procedures in which the amount of payment otherwise made for a physician's service is automatically increased by the amount of the incentive payment under the demonstration project if the service was furnished in any zip code that is entirely or partially in a designated medicare health professional shortage area in a State selected under paragraph (5). ``(7) Duration.--The demonstration project shall be conducted for a 3-year period. The period for establishing the methodology under subsection (b) shall not be counted for purposes determining such 3-year period. ``(b) Establishment of Methodology for Assisting Secretary in Designating Medicare Health Professional Shortage Areas.-- ``(1) In general.--The Secretary shall select 1 or more Federal rural health research centers within the Health Resources Services Administration to establish a methodology to assist the Secretary in designating areas within the States selected under subsection (a)(5) as medicare health professional shortage areas pursuant to subsection (a)(3). ``(2) Rules for establishing methodology.-- ``(A) In general.--The methodology established under paragraph (1) shall address-- ``(i) how to measure the percentage of the total population in an area that consists of individuals enrolled under part B; and ``(ii) the appropriate ratio of such individuals to primary care physicians in an area in order to ensure that such individuals have adequate access to services furnished by such physicians. ``(B) Methodology may be similar to methodologies used under the public health service act.--The methodology established under paragraph (1) may be similar to methodologies utilized by the Secretary for designating areas, and population groups within areas, as health professional shortage areas under section 332(a) of the Public Health Service Act (42 U.S.C. 254e(a)). ``(C) Consultation.--The Federal rural health research centers selected under paragraph (1) shall consult with the State and local medical societies of the States selected under subsection (a)(5) in establishing the methodology under paragraph (1). ``(c) No Effect on Designation as a Health Professional Shortage Area.--Except as provided in subsection (a)(4)(A)(ii), the designation of an area as a medicare health professional shortage area under subsection (a)(3) shall have no effect on the designation of such area as a health professional shortage area under section 332(a) of the Public Health Service Act (42 U.S.C. 254e(a)). ``(d) Waiver Authority.--The Secretary may waive such requirements of title XI and this title as may be necessary for the purpose of carrying out the demonstration project. ``(e) Report.-- ``(1) In general.--Not later than 6 months after the completion of the demonstration project, the Secretary shall submit to Congress a report on such project. ``(2) Contents.--The report submitted under paragraph (1) shall contain-- ``(A) an evaluation of whether the demonstration project has had the effect of stabilizing, maintaining, or increasing access of individuals enrolled under part B to physicians' services furnished by primary care physicians, including whether the amount of the incentive payment is adequate to stabilize, maintain, or increase such access and if not, then what amount will; ``(B) a comparison of the effectiveness of the demonstration project in stabilizing, maintaining, or increasing such access with the effectiveness of other Federal, State, and local programs, such as the incentive program under section 1833(m), that are designed to stabilize, maintain, or increase such access; ``(C) recommendations for such legislation and administrative actions as the Secretary considers appropriate; and ``(D) any other items that the Secretary considers appropriate. ``(f) Funding.-- ``(1) Incentive payments.--The Secretary shall use funds in the Federal Supplementary Medical Insurance Trust Fund under section 1841 to make the incentive payments under this section. ``(2) Establishment of methodology.-- ``(A) In general.--There is authorized to be appropriated $6,000,000 to establish the methodology under subsection (b)(1). ``(B) Availability.--Any amounts appropriated pursuant to subparagraph (A) shall remain available until expended.''.

Medicare Incentive Access Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act (SSA) part B (Supplementary Medical Insurance) to establish a three-year demonstration project under which the Secretary of Health and Human Services shall: (1) select one or more Federal rural health research centers within the Health Resources Services Administration to develop a methodology for designating Medicare health professional shortage areas; (2) select five States as demonstration sites and designate Medicare health professional shortage areas in them; and (3) provide incentive payments to primary care physicians to service those shortage areas.

A bill to amend title XVIII of the Social Security Act to establish a medicare demonstration project under which incentive payments are provided in certain areas in order to stabilize, maintain, or increase access to primary care services for individuals enrolled under part B of such title.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sex Offender Registration Tips Program Act of 2009'' or the ``SORT Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) Parents for Megan's Law, Inc., a nonprofit corporation described in section 501(c)(3) of the Internal Revenue Code of 1986 and headquartered in New York, has since 1998 educated and supported the community, law enforcement, criminal justice, and government agencies on issues related to sex offender registration, notification, responsible use of information, sexual abuse and abduction prevention, Internet Safety, and crime victim support. (2) Parents for Megan's Law, Inc., established and operates the National Megan's Law Helpline, a free confidential telephone helpline that provides information, support, and criminal justice referrals, nationally and internationally, on sex offender management issues. Parents for Megan's Law, Inc. is a certified rape crisis center and provides support and assistance to child and adult victims of sexual abuse and all victims of violent crime. Research suggests that sexual assault victims who receive counseling support are more likely to report their attack to the police and participate in the prosecution of the offender. (3) The National Megan's Law Helpline has generated over 70,000 requests for assistance, information, or follow-up contacts on sex offender management, crime victim support, and prevention education issues. Helpline requests utilize the Helpline's resources and often entail coordination with outside resources, follow-up calls, or actual referrals to any or all of the following: law enforcement and other criminal justice agencies, state and local crime victims assistance agencies and organizations, social service and human service providers, and other service provider organizations. (4) The Internet website of Parents for Megan's Law, Inc., serves as a clearinghouse and national resource for information related to sex offender registration, notification, sexual abuse and abduction prevention, and crime victims' support and referrals. Such Internet website is also utilized by the public to anonymously report Internet child pornography and child sex tourism and as a resource for Internet Safety education. Reports are forwarded to local law enforcement for appropriate follow-up. (5)(A) With limited resources, the National Megan's Law Helpline has provided the public with a resource for confidentially reporting registered sex offenders failing to comply with registration requirements, supervision, or employment restrictions or who are in positions of trust where potential child victims can be accessed. Confidential tips are triaged, crime victim support is provided, and referrals are made to the appropriate criminal justice agency for follow-up action. (B) In fact, because of anonymous tips to the Helpline, actions have been taken to mitigate potentially dangerous situations, including-- (i) sending a registered sex offender back to prison after he was identified as residing in a registered child day care center where he could access potential child victims; (ii) preventing a convicted former middle school teacher required to register as a sex offender and give up his teacher's license, from gaining employment as an in home children's tutor for a reputable tutoring company where he could gain unsupervised access to potential child victims; (iii) having a registered sex offender who targeted a child, and subsequently was barred from using the Internet to develop online relationships, removed from an Internet Dating service where he attempted to develop a relationship with whom he believed was a single woman with children; (iv) sending a registered sex offender, who was on parole for a weapons charge and restricted from entering school grounds, back to prison for entering school grounds and drug possession; (v) identifying and reporting a registered sex offender, convicted of sexually victimizing a 4-year- old boy while baby-sitting, who had absconded and failed to register; and (vi) identifying, locating and reporting registered sex offenders in violation of conditions of probation, parole, local employment or other restriction laws. (6) A national Sex Offender Registration Compliance survey conducted by Parents for Megan's Law, Inc., in 2003, indicated that, 24 percent of (or over 100,000) registered sex offenders were not complying with sex offender registration laws. Sex offender registry information provides parents and community members an opportunity to protect themselves, their children, and their communities from sexual victimization, but that information, in order to be of value, requires labor intensive follow-up intervention and proactive maintenance to be kept current. (7) Access to the National Criminal Information databases is necessary for Parents for Megan's Law, Inc., to effectively evaluate the veracity of tips received, proactively research noncompliant registrants or registrants engaged in criminal activities and provide law enforcement with viable accurate information for follow-up action. (8) The Sex Offender Registration Tips (SORT) Program will reduce sexual victimization and increase sex offender registration compliance through community tips and proactive maintenance. (9) Authorizing federal funds for the SORT Program will reduce criminal sexual victimization by-- (A) supporting crime victims seeking assistance; (B) supporting sex offender registration, notification, and sexual abuse and abduction prevention education and Internet Safety inquiries; and (C) providing the public two interactive confidential resources, the Helpline and Internet website, for the public to provide information-- (i) about registered sex offenders who are believed to be out of compliance with registration requirements, supervision, or employment restrictions and who are in positions of trust where potential child victims can be accessed; or (ii) concerning sex offender activities that indicate a heightened risk of re- offending. (10)(A) The SORT program will serve as a powerful national tool supporting communities and crime victims while assisting and advancing the mission of Federal, state, and local law enforcement in combating sexual victimization. (B) The SORT program and the National Megan's Law Helpline is unique in the following ways: (i) It provides up to date sexual abuse prevention information, deters vigilantism, and reinforces responsible use of information. (ii) It provides victims who come forth with needed information with an infrastructure of advocacy, enforcement, and therapeutic support. (iii) It maximizes law enforcement's already strained resources by screening anonymous tips promptly and effectively through the use of trained investigators with access to public, private and law enforcement databases. SEC. 3. GRANTS FOR IMPLEMENTATION OF SEX OFFENDER REGISTRATION TIPS PROGRAM. (a) In General.--Subject to the availability of the funds authorized to be appropriated under subsection (d), the Attorney General shall provide grants and access to information and resources to the not-for-profit community and victim's rights organization, Parents for Megan's Law, Inc., to implement the Sex Offender Registration Tips Program described in subsection (b). (b) Sex Offender Registration Tips Program Described.--For purposes of subsection (a), the Sex Offender Registration Tips Program is a program to reduce sexual victimization and support victims of violent crime by-- (1) providing up-to-date and accurate sex offender registry information to Federal, State, and local law enforcement entities through the National Megan's Law Helpline staffed by Parents for Megan's Law, Inc., and the Internet website of such organization; (2) enabling the analysis and coordination of community tips relating to sex offenders who fail to register in the sex offender registry maintained by the jurisdiction involved or who engage in activities in violation of conditions of their probation or parole or other criminal activities; (3) using existing Internet sex offender registries, public information, and the National Criminal Information databases to compare and contrast information and proactively identify high- risk registrants who are out of compliance, in violation of conditions of supervision, and identify the location of wanted registrants in order to ascertain the need for follow-up action by law enforcement; (4) providing crime victims support, information, and referrals; and (5) supporting community members with up-to-date sex offender registration, notification, and sexual abuse and abduction prevention and Internet Safety information. (c) Access.--Notwithstanding any other provision of law, the Attorney General shall ensure access by Parents for Megan's Law, Inc., to the National Crime Information Center databases operated by the Federal Bureau of Investigation pursuant to section 534 of title 28, United States Code, to the extent that such access is only for purposes within the scope of the organization's duties and responsibilities to assist or support law enforcement agencies in administration of criminal justice functions. (d) Authorization of Appropriations.--There is authorized to be appropriated $1,000,000 for grants under subsection (a) for each of the fiscal years 2010 through 2014.

Sex Offender Registration Tips Program Act of 2009 or the SORT Act of 2009 - Directs the Attorney General to: (1) provide grants and access to information and resources to Parents for Megan's Law, Inc., to implement the Sex Offender Registration Tips Program; and (2) ensure access by Parents for Megan's Law, Inc., to the National Crime Information Center databases operated by the Federal Bureau of Investigation (FBI).

A bill to direct the Attorney General to provide grants and access to information and resources for the implementation of the Sex Offender Registration Tips and Crime Victims Center Programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Energy High Energy and Nuclear Physics Authorization Act of 1994''. SEC. 2. DEFINITIONS. For the purposes of this Act-- (1) the term ``CERN'' means the European Organization for Nuclear Research; (2) the term ``construction'' means all activities necessary for completion of a project and its supporting infrastructure, and includes conventional construction and the research, development, design, fabrication, installation, testing, and preoperation of technical sytems; (3) the term ``conventional construction'' means the design and construction of civil works, facilities, and other infrastructure necessary to construct a project, including tunnels, buildings, and roads, necessary to house and support the technical systems, and utilities as necessary for the direct support of elements of a project; (4) the term ``Department'' means the Department of Energy; (5) the term ``Large Hadron Collider project'' means the Large Hadron Collider project at CERN; and (6) the term ``Secretary'' means the Secretary of Energy. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. (a) High Energy Physics.--There are authorized to be appropriated to the Secretary for high energy physics activities of the Department-- (1) $695,400,000 for fiscal year 1996; (2) $719,700,000 for fiscal year 1997; (3) $744,900,000 for fiscal year 1998; and (4) $713,600,000 for fiscal year 1999. Funds authorized under paragraphs (1) through (4) may be expended for the B-factory at the Stanford Linear Accelerator Center and the Fermilab Main Injector. No funds are authorized for United States participation in the planning and construction of the Large Hadron Collider project until the Secretary certifies to the Congress that there is an international agreement that includes the provisions described in section 4(a). (b) Nuclear Physics.--There are authorized to be appropriated to the Secretary for nuclear physics activities of the Department-- (1) $337,100,000 for fiscal year 1996, of which not more than $15,000,000 shall be used for preparation for decontamination and decommissioning of the Los Alamos Meson Physics Facility; (2) $348,900,000 for fiscal year 1997; (3) $361,100,000 for fiscal year 1998; and (4) $373,700,000 for fiscal year 1999. None of the funds authorized under paragraph (2), (3), or (4) are authorized to be appropriated for the operation of the Los Alamos Meson Physics Facility. Funds authorized under paragraphs (1) through (4) may be expended for the Relativistic Heavy Ion Collider at Brookhaven National Laboratory. (c) Limitation on Major Construction Projects.--No funds may be expended for any high energy and nuclear physics facility construction project of the Department, with total project expenditures projected to be in excess of $100,000,000, unless funds are specifically authorized for such purposes in an Act that is not an appropriations Act. SEC. 4. THE LARGE HADRON COLLIDER PROJECT. (a) Negotiations.--The Secretary shall enter into negotiations with CERN concerning United States participation in the planning and construction of the Large Hadron Collider project, and shall seek to ensure that any agreement incorporates provisions to protect the United States investment in the project, including provisions for-- (1) fair allocation of costs and benefits among project participants; (2) a limitation on the amount of United States contribution to project construction and subsequent operating costs; (3) a cost and schedule control system for the total project; (4) the projected cost and schedule for all component design, testing, and fabrication, including technical goals and milestones; (5) the projected cost and schedule for total project construction and operation, including technical goals and milestones; (6) reconsideration of the extent of United States participation if technical or operational milestones described in paragraphs (4) and (5) are not met, or if the project falls significantly behind schedule; and (7) conditions of access for United States and other scientists to the facility. (b) Other International Negotiations.--Nothing in this Act shall be construed to preclude the President from entering into negotiations with respect to international science agreements. SEC. 5. OPERATING PLAN. Within 30 days after the date of the enactment of any Act appropriating funds for the high energy or nuclear physics activities of the Department, the Secretary shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a plan for the operations of the high energy and nuclear physics activities of the Department, as adjusted to reflect the amounts appropriated for such purposes by such Act. SEC. 6. LONG-RANGE PLANNING AND GOVERNANCE. (a) Program Governance Review.-- (1) Requirement.--The Secretary shall contract with an appropriate independent organization to review the governance of all elements of the Department's high energy and nuclear physics programs. Such review shall include-- (A) a performance review of the effectiveness of the Department's management policies and procedures, including an evaluation of departmental staff allocation and the staff allocation and funding balance among facility operations, construction, and research support; (B) an evaluation of the appropriateness of the current application of administrative, environmental, health, and safety regulations to the high energy and nuclear physics laboratories of the Department; and (C) an analysis of the extent to which the Department's high energy and nuclear physics advisory groups represent the diversity of, and the full range of interests among, high energy and nuclear physics researchers. (2) Report to congress.--The Secretary shall submit a report to Congress within 9 months after the date of enactment of this Act detailing the results of the review required by this section, including recommendations for implementing the results and schedules for such implementation. (b) Long-Range Plan.-- (1) Requirement.--The Secretary and the Director of the National Science Foundation shall jointly prepare, in consultation with the high energy physics and nuclear physics communities, a long-range plan for Federal high energy and nuclear physics programs based on current and projected program funding levels. The plan shall be modified every two years. The long-range plan shall include-- (A) a list of research opportunities to be pursued, including both ongoing and proposed activities, listed in order of priority; (B) an analysis of the relevance of each research facility to the research opportunities listed under subparagraph (A); (C) a statement of the optimal balance among facility operations, construction, and research support and the optimal balance between university and laboratory research programs; (D) schedules for continuation, consolidation, or termination of each research program, and continuation, upgrade, transfer, or closure of each research facility; (E) a statement by project of efforts to coordinate research projects with the international community to maximize the use of limited resources and avoid unproductive duplication of efforts; and (F) a description of the extent to which the biennial plan modifications differ from previous plans submitted under this subsection, along with an explanation for such differences. (2) Reports to congress.--(A) The Secretary shall transmit a copy of the original long-range plan with the President's annual budget request to Congress for fiscal year 1997. The plan as modified shall be submitted with the President's budget request to Congress for each subsequent fiscal year ending in an odd number. (B) The Secretary shall transmit with the President's budget request to Congress each year a report demonstrating the consistency of the current long-range plan with the budget being requested for the Department's high energy and nuclear physics programs. (c) Capital Budget Account.--Each of the President's annual budget requests to the Congress for high energy physics activities of the Department, and for nuclear physics activities of the Department, shall distinguish between the budget for capital expenditures, including all ongoing and planned major construction and capital equipment items, and other activities.

Department of Energy High Energy and Nuclear Physics Authorization Act of 1994 - Authorizes appropriations for FY 1996 through 1999 for high energy physics and nuclear physics activities of the Department of Energy (DOE). Instructs the Secretary of Energy to: (1) enter into negotiations with the European Organization for Nuclear Research (CERN) regarding U.S. participation in the planning and construction of the Large Hadron Collider project; (2) submit an operations plan to certain congressional committees subsequent to enactment of appropriations for DOE high energy or nuclear activities; (3) contract with an independent organization to review the governance of DOE high energy and nuclear physics programs; and (4) report to the Congress on a mandated long-range plan prepared jointly with the Director of the National Science Foundation regarding Federal high energy and nuclear physics programs based on current and projected funding levels. Mandates that each of the President's annual budget requests for DOE high energy and nuclear physics activities distinguish between the budget for capital expenditures and other activities.

Department of Energy High Energy and Nuclear Physics Authorization Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Security Information Sharing Partnerships Act of 2006''. SEC. 2. STATE, LOCAL, TRIBAL, AND REGIONAL INFORMATION FUSION CENTER INITIATIVE. (a) In General.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following: ``SEC. 203. STATE, LOCAL, TRIBAL, AND REGIONAL INFORMATION FUSION CENTER INITIATIVE. ``(a) Establishment.--The Secretary shall establish a State, Local, and Tribal Information Fusion Center Initiative to establish partnerships with State, local, tribal, and regional information fusion centers. ``(b) Duties.--Through the State, Local, Tribal, and Regional Information Fusion Center Initiative, the Secretary shall-- ``(1) coordinate with the principal official of each State, local, tribal, or regional information fusion center and the official designated as the Homeland Security Advisor of the State; ``(2) provide Department operational and intelligence advice and assistance to State, local, tribal, and regional information fusion centers; ``(3) support efforts to include State, local, tribal, and regional information fusion centers into efforts to establish an information sharing environment (as defined under section 1016(2) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3665)); ``(4) conduct table-top and live training exercises to regularly assess the capability of individual and regional networks of State, local, tribal, and regional information fusion centers to integrate the efforts of such networks with the efforts of the Department; ``(5) coordinate with other relevant Federal entities engaged in homeland security-related activities; ``(6) provide analytic and reporting advice and assistance to State, local, tribal, and regional information fusion centers; ``(7) review homeland security information gathered by State, local, tribal, and regional information fusion centers and incorporate relevant information with homeland security information of the Department; ``(8) Provide management assistance to State, local, tribal, and regional information fusion centers; ``(9) Serve as a point of contact to ensure the dissemination of relevant homeland security information. ``(10) facilitate close communication and coordination between State, local, tribal, and regional information fusion centers and the Department; ``(11) provide State, local, tribal, and regional information fusion centers with expertise on Department resources and operations; ``(12) provide training to State, local, tribal, and regional information fusion centers and encourage such information fusion centers to participate in terrorist threat- related exercises conducted by the Department; and ``(13) carry out such other duties as the Secretary determines are appropriate. ``(c) Definition of State, Local, Tribal, or Regional Information Fusion Center.--For purposes of this section, the term `State, local, tribal, or regional information fusion center' means a local or regional center comprised of State, local, or tribal governmental entities that-- ``(1) serves as a data analysis and dissemination center for potentially relevant homeland security information; ``(2) is managed by a state, local, or tribal government entity; and ``(3) is designated as a State, local, tribal, or regional information fusion center by the Secretary.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is further amended by adding at the end of the items relating to such subtitle the following: ``Sec. 203. State, Local, Tribal, and Regional Information Fusion Center Initiative''. (c) Reports.-- (1) Concept of operations.--Not later than 90 days after the date of the enactment of this Act and before the State, Local, Tribal, and Regional Information Fusion Center Initiative under section 203 of the Homeland Security Act of 2002, as added by subsection (a), has been implemented, the Secretary 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 a concept of operations for the Initiative, which shall include a privacy and civil liberties impact assessment. (2) Privacy and civil liberties.-- (A) Review of concept of operations.--Not later than 180 days after the date on which the report under paragraph (1) is submitted, the Privacy Officer of the Department of Homeland Security and the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security shall review the privacy and civil liberties implications of the Initiative and the concept of operations and report any concerns to the Secretary of Homeland Security and the Under Secretary of Homeland Security for Intelligence and Analysis. The Secretary may not implement the Initiative until the Privacy Officer and the Officer for Civil Rights and Civil Liberties have certified that any privacy or civil liberties concerns have been addressed. (B) Review of privacy impact.--Under the authority of section 222(5) of the Homeland Security Act of 2002 (6 U.S.C. 142(5)), not later than one year after the date on which the State, Local, Tribal, and Regional Information Fusion Center Initiative is implemented, the Privacy Officer of the Department of Homeland Security, in consultation with the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security, shall submit to Congress, the Secretary of Homeland Security, and the Under Secretary of Homeland Security for Intelligence and Analysis a report on the privacy and civil liberties impact of the Initiative. SEC. 3. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM. (a) Establishment of Program.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by section 2 is further amended by adding at the end the following: ``SEC. 204. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM. ``(a) Establishment.-- ``(1) In general.--The Secretary, acting through the Under Secretary for Intelligence and Analysis, shall establish a fellowship program in accordance with this section for the purpose of-- ``(A) detailing State, local, and tribal analysts and law enforcement officials and officers to the Department to participate in the work of the Office of Intelligence and Analysis in order to become familiar with-- ``(i) the mission and capabilities of the Office of Intelligence and Analysis; and ``(ii) the role, programs, products, and personnel of the Office of Intelligence and Analysis; and ``(B) promoting information sharing between the Department and State, local, and tribal analysts and law enforcement agencies by stationing analysts and law enforcement officers alongside Department intelligence analysts in order to-- ``(i) serve as a point of contact in the Department to assist in the representation of State, local, and tribal homeland security information needs; ``(ii) identify homeland security information of interest to State, local, and tribal analysts and law enforcement officers; and ``(iii) assist Department analysts in preparing and disseminating terrorism-related products that are tailored to State, local, and tribal analysts and law enforcement agencies and designed to help thwart terrorist attacks. ``(2) Program name.--The program under this section shall be known as the `Homeland Security Information Sharing Fellows Program'. ``(b) Eligibility.-- ``(1) In general.--In order to be eligible for selection as an Information Sharing Fellow under the program, an individual must-- ``(A) have homeland security-related responsibilities or law enforcement-related responsibilities; ``(B) be eligible for an appropriate national security clearance; ``(C) possess a valid need for access to classified information, as determined by the Under Secretary for Intelligence and Analysis; and ``(D) be an employee of an eligible entity. ``(2) Eligible entities.--For purposes of this subsection, the term `eligible entity' means-- ``(A) a State, local, tribal, or regional fusion center; ``(B) a State or local law enforcement or other government entity that serves a major metropolitan area, as determined by the Secretary; ``(C) a State or local law enforcement or other government entity that serves a suburban or rural area, as determined by the Secretary; ``(D) a State or local law enforcement or other government entity with port responsibilities, as determined by the Secretary; ``(E) a State or local law enforcement or other government entity with border responsibilities, as determined by the Secretary; ``(F) a State or local law enforcement or other government entity with agricultural responsibilities, as determined by the Secretary; ``(G) a tribal law enforcement or other authority; or ``(H) such other entity as the Secretary determines is appropriate. ``(c) Optional Participation.--No State, local, or tribal law enforcement or other government entity shall be required to participate in the Homeland Security Information Sharing Fellows Program. ``(d) Procedures for Nomination and Selection.-- ``(1) In general.--The Under Secretary shall establish procedures to provide for the nomination and selection of individuals to participate in the Homeland Security Information Sharing Fellows Program. ``(2) Limitations.--The Under Secretary shall-- ``(A) select analysts and law enforcement officers representing a broad cross-section of State, local, and tribal agencies; and ``(B) ensure that the number of Information Sharing Fellows selected does not impede the activities of the Office of Intelligence and Analysis. ``(e) Length of Service.--Information Sharing Fellows shall serve for a reasonable period of time, as determined by the Under Secretary. Such period of time shall be sufficient to advance the information- sharing goals of the Under Secretary and encourage participation by as many qualified nominees as possible. ``(f) Condition.--As a condition of selecting an individual as an Information Sharing Fellow under the program, the Under Secretary shall require that the individual's employer agree to continue to pay the individual's salary and benefits during the period for which the individual is detailed. ``(g) Stipend.--During the period for which an individual is detailed under the program, the Under Secretary shall, subject to the availability of appropriations provide to the individual a stipend to cover the individual's reasonable living expenses for that period. ``(h) Security Clearances.--If an individual selected for a fellowship under the Information Sharing Fellows Program does not possess the appropriate security clearance, the Under Secretary shall ensure that security clearance processing is expedited for such individual and shall ensure that each such Information Sharing Fellow has obtained the appropriate security clearance prior to participation in the Program.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is further amended by adding at the end of the items relating to such subtitle the following: ``Sec. 204. Homeland Security Information Sharing Fellows Program''. (c) Reports.-- (1) Concept of operations.--Not later than 90 days after the date of the enactment of this Act and before the Homeland Security Information Sharing Fellows Program under section 204 of the Homeland Security Act of 2002, as added by subsection (a), has been implemented, the Secretary 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 a concept of operations for the Program, which shall include a privacy and civil liberties impact assessment. (2) Privacy and civil liberties.-- (A) Review of concept of operations.--Not later than 180 days after the date on which the report under paragraph (1) is submitted, the Privacy Officer of the Department of Homeland Security and the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security shall review the privacy and civil liberties implications of the Program and the concept of operations and report any concerns to the Secretary of Homeland Security and the Under Secretary of Homeland Security for Intelligence and Analysis. The Secretary may not implement the Program until the Privacy Officer and the Officer for Civil Rights and Civil Liberties have certified that any privacy or civil liberties concerns have been addressed. (B) Review of privacy impact.--Under the authority of section 222(5) of the Homeland Security Act of 2002 (6 U.S.C. 142(5)), not later than one year after the date on which the Homeland Security Information Sharing Fellows Program is implemented, the Privacy Officer of the Department of Homeland Security, in consultation with the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security, shall submit to Congress, the Secretary of Homeland Security, and the Under Secretary of Homeland Security for Intelligence and Analysis a report on the privacy and civil liberties impact of the Program.

Homeland Security Information Sharing Partnerships Act of 2006 - Amends the Homeland Security Act of 2002 to require the Secretary of Homeland Security to establish a State, Local, and Tribal Information Fusion Center Initiative to establish partnerships with state, local, tribal, and regional information fusion centers (designated entities that serve as data analysis and dissemination centers for potentially relevant homeland security information). Specifies the Secretary's duties through such Initiative, including: (1) coordinating with the principal official of each state, local, tribal, or regional information fusion center and the official designated as the Homeland Security Advisor of the State; (2) providing Department of Homeland Security (DHS) operational and intelligence advice and assistance to such centers; (3) reviewing homeland security information gathered by such centers and incorporate relevant information with Department information; and (4) providing training to such centers and encourage them to participate in terrorist threat-related exercises conducted by the Department. Requires the Secretary to report to specified congressional committees with a concept of operations for the Initiative, including a privacy and civil liberties impact assessment. Directs the Secretary, acting through the Under Secretary for Intelligence and Analysis, to establish a Homeland Security Information Sharing Fellows Program.

To amend the Homeland Security Act of 2002 to provide for information sharing partnerships, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Safety Enhancement Act of 2008''. SEC. 2. AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE. Section 106 of title 49, United States Code, is amended by adding at the end the following: ``(s) Aviation Safety Whistleblower Investigation Office.-- ``(1) Establishment.--There is established in the Federal Aviation Administration (in this section referred to as the `Agency') an Aviation Safety Whistleblower Investigation Office (in this subsection referred to as the `Office'). ``(2) Director.-- ``(A) Appointment.--The head of the Office shall be the Director, who shall be appointed by the Secretary of Transportation. ``(B) Qualifications.--The Director shall have a demonstrated ability in investigations and knowledge of or experience in aviation. ``(C) Term.--The Director shall be appointed for a term of 5 years. ``(D) Vacancy.--Any individual appointed to fill a vacancy in the position of the Director occurring before the expiration of the term for which the individual's predecessor was appointed shall be appointed for the remainder of that term. ``(3) Complaints and investigations.-- ``(A) Authority of director.--The Director shall-- ``(i) receive complaints and information submitted by employees of persons holding certificates issued under title 14, Code of Federal Regulations, and employees of the Agency concerning the possible existence of an activity relating to a violation of an order, regulation, or standard of the Agency or any other provision of Federal law relating to aviation safety; ``(ii) assess complaints and information submitted under clause (i) and determine whether a substantial likelihood exists that a violation of an order, regulation, or standard of the Agency or any other provision of Federal law relating to aviation safety may have occurred; and ``(iii) based on findings of the assessment conducted under clause (ii), make recommendations to the Administrator in writing for further investigation or corrective actions. ``(B) Disclosure of identities.--The Director shall not disclose the identity of an individual who submits a complaint or information under subparagraph (A)(i) unless-- ``(i) the individual consents to the disclosure in writing; or ``(ii) the Director determines, in the course of an investigation, that the disclosure is unavoidable. ``(C) Independence of director.--The Secretary, the Administrator, or any officer or employee of the Agency may not prevent or prohibit the Director from initiating, carrying out, or completing any assessment of a complaint or information submitted subparagraph (A)(i) or from reporting to Congress on any such assessment. ``(D) Access to information.--In conducting an assessment of a complaint or information submitted under subparagraph (A)(i), the Director shall have access to all records, reports, audits, reviews, documents, papers, recommendations, and other material necessary to determine whether a substantial likelihood exists that a violation of an order, regulation, or standard of the Agency or any other provision of Federal law relating to aviation safety may have occurred. ``(4) Responses to recommendations.--The Administrator shall respond to a recommendation made by the Director under subparagraph (A)(iii) in writing and retain records related to any further investigations or corrective actions taken in response to the recommendation. ``(5) Incident reports.--If the Director determines there is a substantial likelihood that a violation of an order, regulation, or standard of the Agency or any other provision of Federal law relating to aviation safety may have occurred that requires immediate corrective action, the Director shall report the potential violation expeditiously to the Administrator and the Inspector General of the Department of Transportation. ``(6) Reporting of criminal violations to inspector general.--If the Director has reasonable grounds to believe that there has been a violation of Federal criminal law, the Director shall report the violation expeditiously to the Inspector General. ``(7) Annual reports to congress.--Not later than October 1 of each year, the Director shall submit to Congress a report containing-- ``(A) information on the number of submissions of complaints and information received by the Director under paragraph (3)(A)(i) in the preceding 12-month period; ``(B) summaries of those submissions; ``(C) summaries of further investigations and corrective actions recommended in response to the submissions; and ``(D) summaries of the responses of the Administrator to such recommendations.''. SEC. 3. MODIFICATION OF CUSTOMER SERVICE INITIATIVE. (a) Findings.--Congress finds the following: (1) Subsections (a) and (d) of section 40101 of title 49, United States Code, directs the Federal Aviation Administration (in this section referred to as the ``Agency)'') to make safety its highest priority. (2) In 1996, to ensure that there would be no appearance of a conflict of interest for the Agency in carrying out its safety responsibilities, Congress amended section 40101(d) of such title to remove the responsibilities of the Agency to promote airlines. (3) Despite these directives from Congress regarding the priority of safety, the Agency issued a vision statement in which it stated that it has a ``vision'' of ``being responsive to our customers and accountable to the public'' and, in 2003, issued a customer service initiative that required aviation inspectors to treat air carriers and other aviation certificate holders as ``customers'' rather than regulated entities. (4) The initiatives described in paragraph (3) appear to have given regulated entities and Agency inspectors the impression that the management of the Agency gives an unduly high priority to the satisfaction of regulated entities regarding its inspection and certification decisions and other lawful actions of its safety inspectors. (5) As a result of the emphasis on customer satisfaction, some managers of the Agency have discouraged vigorous enforcement and replaced inspectors whose lawful actions adversely affected an air carrier. (b) Modification of Initiative.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall modify the customer service initiative, mission and vision statements, and other statements of policy of the Agency-- (1) to remove any reference to air carriers or other entities regulated by the Agency as ``customers''; (2) to clarify that in regulating safety the only customers of the Agency are individuals traveling on aircraft; and (3) to clarify that air carriers and other entities regulated by the Agency do not have the right to select the employees of the Agency who will inspect their operations. (c) Safety Priority.--In carrying out the Administrator's responsibilities, the Administrator shall ensure that safety is given a higher priority than preventing the dissatisfaction of an air carrier or other entity regulated by the Agency with an employee of the Agency. SEC. 4. POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT STANDARDS INSPECTORS. (a) In General.--Section 44711 of title 49, United States Code, is amended by adding at the end the following: ``(d) Post-Employment Restrictions for Flight Standards Inspectors.-- ``(1) Prohibition.--A person holding an operating certificate issued under title 14, Code of Federal Regulations, may not knowingly employ, or make a contractual arrangement which permits, an individual to act as an agent or representative of the certificate holder in any matter before the Federal Aviation Administration (in this subsection referred to as the `Agency') if the individual, in the preceding 2-year period-- ``(A) served as, or was responsible for oversight of, a flight standards inspector of the Agency; and ``(B) had responsibility to inspect, or oversee inspection of, the operations of the certificate holder. ``(2) Written and oral communications.--For purposes of paragraph (1), an individual shall be considered to be acting as an agent or representative of a certificate holder in a matter before the Agency if the individual makes any written or oral communication on behalf of the certificate holder to the Agency (or any of its officers or employees) in connection with a particular matter, whether or not involving a specific party and without regard to whether the individual has participated in, or had responsibility for, the particular matter while serving as a flight standards inspector of the Agency.''. (b) Applicability.--The amendment made by subsection (a) shall not apply to an individual employed by a certificate holder as of the date of enactment of this Act. SEC. 5. ASSIGNMENT OF PRINCIPAL SUPERVISORY INSPECTORS. (a) In General.--An individual serving as a principal supervisory inspector of the Federal Aviation Administration (in this section referred to as the ``Agency)'' may not be responsible for overseeing the operations of a single air carrier for a continuous period of more than 5 years. (b) Transitional Provision.--An individual serving as a principal supervisory inspector of the Agency with respect to an air carrier as of the date of enactment of this Act may be responsible for overseeing the operations of the carrier until the last day of the 5-year period specified in subsection (a) or last day of the 2-year period beginning on such date of enactment, whichever is later. (c) Issuance of Order.--Not later than 30 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue an order to carry out this section. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator such sums as may be necessary to carry out this section. SEC. 6. HEADQUARTERS REVIEW OF AIR TRANSPORTATION OVERSIGHT SYSTEM DATABASE. (a) Reviews.--The Administrator of the Federal Aviation Administration shall establish a process by which the air transportation oversight system database of the Federal Aviation Administration (in this section referred to as the ``Agency'') is reviewed by a team of employees of the Agency on a monthly basis to ensure that-- (1) any trends in regulatory compliance are identified; and (2) appropriate corrective actions are taken in accordance with Agency regulations, advisory directives, policies, and procedures. (b) Monthly Team Reports.-- (1) In general.--The team of employees conducting a monthly review of the air transportation oversight system database under subsection (a) shall submit to the Administrator, the Associate Administrator for Aviation Safety, and the Director of Flight Standards a report on the results of the review. (2) Contents.--A report submitted under paragraph (1) shall identify-- (A) any trends in regulatory compliance discovered by the team of employees in conducting the monthly review; and (B) any corrective actions taken or proposed to be taken in response to the trends. (c) Quarterly Reports to Congress.--The Administrator, on a quarterly basis, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of reviews of the air transportation oversight system database conducted under this section, including copies of reports received under subsection (b). Passed the House of Representatives July 22, 2008. Attest: LORRAINE C. MILLER, Clerk.

Aviation Safety Enhancement Act of 2008 - Establishes in the Federal Aviation Administration (FAA) an Aviation Safety Whistleblower Investigation Office, with a Director appointed by the Secretary of Transportation, which shall receive and assess complaints and information relating to possible violations of aviation safety laws and regulations. Directs the FAA Administrator to modify the FAA customer service initiative, mission and vision, and other policy statements to: (1) remove any reference to air carriers or other entities regulated by the FAA as "customers"; (2) state that in regulating safety the only FAA customers are individuals traveling on aircraft; and (3) state that air carriers and other entities regulated by the FAA do not have the right to select the FAA employees who will inspect their operations. Prohibits any person holding an air carrier operating certificate from knowingly employing, or contracting with, an individual to act as an agent or representative of the certificate holder in any matter before the FAA if, in the preceding two-year period, the individual: (1) served as, or was responsible for oversight of, an FAA flight standards inspector; and (2) had responsibility to inspect, or oversee inspection of, the operations of the certificate holder. Prohibits any individual serving as a principal supervisory inspector of the FAA from being responsible for overseeing the operations of a single air carrier for a continuous period of more than five years. Authorizes appropriations. Directs the FAA Administrator to establish a process by which the FAA air transportation oversight system database is reviewed by a team of FAA employees on a monthly basis to ensure that: (1) any trends in regulatory compliance are identified; and (2) appropriate corrective actions are taken.

To amend title 49, United States Code, to enhance aviation safety.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flint Hills Preservation Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Flint Hills Region of Kansas and Oklahoma contains the world's largest share of the remaining tallgrass prairie, and is the only place where that habitat is in landscape proportions. Only 4 percent of North America's presettlement tallgrass prairie survives to this day, and 80 percent is located in Kansas. (2) The Flint Hills Region is also home to certain declining avian species such as the greater prairie chicken and Henslow's sparrow that cannot continue to exist without large expanses of native tallgrass prairie in an original state. Further, it is a significant corridor for migrating shorebirds such as the American golden plover, the buff-breasted sand- piper, and the upland sandpiper. (3) Beginning in the mid-19th century, cattlemen understood that the richness of the Flint Hills grasses depended on a good spring burn--something they learned from the Native Americans. Fire still thrives in the Flint Hills because the ranchers, and others using the land, know that the natural ecosystem depends on fire. (4) Ranchers, landowners, and conservation groups use prescribed burns to mimic the seasonal fires that have shaped the tallgrass prairie for thousands of years. Areas not burned for several years develop mature grasses and thicker, thatch- like vegetation, which habitat is preferred by invasive species. (5) The Flint Hills Region is one of the few places in the United States where the prevailing agricultural system works essentially in tandem with an ancestral native ecosystem, preserving most of its complexity and the dynamic processes that helped shape it. (6) Due to the uniqueness of the Flint Hills tallgrass prairie and the historic manner in which the tallgrass prairie has been managed by fire, existing prescribed burn practices should be allowed to continue and ambient air data resulting from fires used to manage the Flint Hills tallgrass prairie should be not be included in determinations of compliance with the Clean Air Act. SEC. 3. PRESCRIBED FIRES. The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by inserting after section 329 the following: ``SEC. 330. PRESCRIBED FIRES IN THE FLINT HILLS REGION. ``(a) In General.--In determining whether, with respect to a specific air pollutant, an exceedance or violation of a national ambient air quality standard has occurred for purposes of this Act, a State and the Administrator shall exclude data from a particular air quality monitoring location if emissions from one or more prescribed fires in the Flint Hills Region cause a concentration of the air pollutant at the location to be in excess of the standard. ``(b) Specific Limitations.--If emissions data is excluded under subsection (a) from a particular air quality monitoring station because of emissions from one or more prescribed fires in the Flint Hills Region-- ``(1) the Administrator shall not, as a result of such emissions, find under section 113 that a State has failed to enforce, or that a person has violated, a State implementation plan (for national primary or secondary ambient air quality standards) under section 110; and ``(2) a State shall not, as a result of such emissions, find that a person has violated, or bring an enforcement action for violation of, a State implementation plan (for national primary or secondary ambient air quality standards) under section 110. ``(c) Prohibition Against Smoke Management Plans.--The Administrator shall not require, and a State shall not adopt, a smoke management plan under this Act in connection with any prescribed fire in the Flint Hills Region. ``(d) Not a Stationary Source.--No building, structure, facility, or installation may be treated as a stationary source under section 111 as a result of one or more prescribed fires in the Flint Hills Region. ``(e) No Title V Permit Required.--No person shall be required to obtain or modify a permit under title V in connection with a prescribed fire in the Flint Hills Region. ``(f) Definition.--In this section: ``(1) The term `Flint Hills Region'-- ``(A) means the band of hills in eastern Kansas that stretch into north-central Oklahoma; and ``(B) includes-- ``(i) Butler, Chase, Chautauqua, Clay, Cowley, Dickinson, Elk, Geary, Greenwood, Harvey, Jackson, Lyon, Marion, Marshall, Morris, Ottawa, Pottawatomie, Riley, Saline, Shawnee, Wabaunsee, Washington, and Woodson Counties in Kansas; and ``(ii) Osage, Tulsa, and Washington counties in Oklahoma. ``(2) The term `prescribed fire' means a fire that is set or managed by a person with the goal of enhancing a fire- dependent ecosystem or enhancing the productivity of agricultural grazing land, irrespective of the frequency with which the burn occurs.''.

Flint Hills Preservation Act - Amends the Clean Air Act to require states and the Administrator of the Environmental Protection Agency (EPA), in determining whether an exceedance or violation of a national ambient air quality standard has occurred with respect to a specific air pollutant, to exclude data from a particular air quality monitoring location if emissions from prescribed fires in the Flint Hills Region cause a concentration of the air pollutant at the location to be in excess of the standard. Prohibits, if such emission data is excluded: (1) the Administrator from finding that a state has failed to enforce, or that a person has violated, a state implementation plan (SIP) for national primary or secondary ambient air quality standards as a result of such emissions; or (2) a state from finding that a person has violated, or from bringing an enforcement action for violation of, a SIP for such standards as a result of such emissions. Prohibits: (1) the Administrator from requiring, or a state from adopting, a smoke management plan under such Act in connection with any prescribed fire in such region; and (2) a building, structure, facility, or installation from being treated as a stationary source under new stationary source performance standards as a result of such prescribed fires. Provides that no person shall be required to obtain or modify an operating permit under Title V of the Clean Air Act in connection with such a prescribed fire.

To amend the Clean Air Act to require the exclusion of data of an exceedance or violation of a national ambient air quality standard caused by a prescribed fire in the Flint Hills Region, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Hazard Assessment and Mitigation Program Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The earthquake and resulting tsunami of December 26, 2004, resulted in the deaths of over 230,000 people in Southeast Asia. (2) The geological fault line along which the December 26th tsunami occurred is mirrored by a fault line that runs along the whole of the west coast of the United States. (3) Scientists predict that there is a 10 to 15 percent chance of a major seismic event along this fault line, the Cascadia Subduction Zone, occurring in the next 50 years. (4) Such an event would probably include both a large-scale earthquake and a tsunami, causing incredible damage to both infrastructure and emergency response services. (5) Numerous false alarms in the past year have demonstrated that many coastal communities are not prepared if such a geological event takes place. SEC. 3. PURPOSE AND GOALS. (a) Purpose.--The purpose of the Community Hazard Assessment and Mitigation Program (CHAMP) is to award one-year grants directly to emergency management departments to build and maintain infrastructure to warn people of an approaching tsunami and to address post-tsunami needs. (b) Goals.--The primary goal of this Act is to provide assistance to meet the needs of emergency management departments regarding tsunami hazard preparedness, mitigation, and response. In part, the program seeks to support departments that lack the tools and resources necessary to protect the health and safety of the public and emergency response personnel with respect to a tsunami and its aftermath. In addition, any improvement in warning systems for the coastal communities will improve all hazard capabilities. SEC. 4. GRANT PROGRAM. (a) Grant Authorization.--The Secretary of Homeland Security, acting through the Director of the Federal Emergency Management Administration, may provide grants in accordance with this Act to certain areas to prepare for a tsunami. (b) Priority.--The Director shall give priority to areas in which the likelihood of a tsunami striking in the next 50 years is 10 percent or greater. (c) Competitive Awards.--In addition to the priority given pursuant to subsection (b), the Director shall award a grant under this Act to emergency management departments on a competitive basis considering financial need, benefit to the community and a demonstrated ability to cooperate with other providers of emergency services. SEC. 5. USE OF FUNDS. An emergency management department that receives a grant under this Act may use grant funds-- (1) to establish or improve warning systems, including the purchase of-- (A) sirens; (B) individual weather radios; (C) public safety agency communications gear; and (D) reverse 911 systems; (2) to purchase public safety agency rescue equipment; (3) to reinforce buildings and facilities in maintaining continuity of critical services, including-- (A) police stations; (B) fire stations; (C) emergency management facilities; (D) hospitals; (E) shelters; and (F) endangered sewer sanitation systems; (4) post-tsunami shelters and supplies; and (5) to develop outreach programs to educate both residents and tourists of different types of tsunami (near shore and far field) and how to react to each type. SEC. 6. MATCHING FUNDS. (a) Population of More Than 50,000.--To be eligible to receive a grant under this Act, an emergency management department serving an area with a population over 50,000 shall provide, with non-Federal funds, 20 percent of the total cost of a project established with a grant provided under this Act. (b) Population Between 20,001 and 50,000.--To be eligible to receive a grant under this Act, an emergency management department serving an area with a population between 20,001 and 50,000 shall provide, with non-Federal funds, 10 percent of the total cost of a project established with a grant provided under this Act. (c) Population Under 20,000.--To be eligible to receive a grant under this Act, an emergency management department serving an area with a population under 20,000 shall provide, with non-Federal funds, 5 percent of the total cost of a project established with a grant provided under this Act. (d) In-Kind Contributions.--In determining the non-Federal share of the total costs of a project, the Secretary shall consider in-kind contributions of an emergency management department, not to exceed 50 percent of the amount that the department contributes in non-Federal funds. SEC. 7. EVALUATION AND REPORT. (a) Evaluation.--Not later than 180 days after grants are awarded under this Act, the Director shall determine if emergency management departments that received a grant under this section meet the standards for certification by the National Oceanic and Atmospheric Administration as being tsunami ready and evaluate the effectiveness and tsunami readiness of programs established pursuant to this Act. (b) Report.--Not later than 90 days after the evaluation is completed under subsection (a), the Director shall report such findings to the appropriate Committees of Congress. SEC. 8. DEFINITIONS. (a) Director.--The term ``Director'' means the Director of the Federal Emergency Management Administration. (b) Emergency Management Department.--The term ``emergency management department'' means an agency or organization that is part of, or has a formally recognized arrangement with, a State, territory, local, or tribal authority (city, county, parish, fire district, township, town, or other governing body) and is responsible for planning, preparing, and providing for the prevention, mitigation, and management of emergencies or disasters that present a threat to the lives and property of the citizens and visitors of the community. (c) State.--The term ``State'' means each of the 50 States and the District of Columbia, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and Puerto Rico. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated $100,000,000 for each of fiscal years 2007 through 2012 to the Secretary of the Department of Homeland Security to carry out the activities of this Community hazard Assessment and Mitigation Program. (b) Reservation.--From the amount made available to carry out this Act, the Director may reserve 5 percent for administrative costs. (c) Availability.--Such funds shall remain available until expended.

Community Hazard Assessment and Mitigation Program Act - Authorizes the Secretary of Homeland Security, acting through the Director of the Federal Emergency Management Administration (FEMA), to provide grants to certain areas to prepare for a tsunami. Requires the Director to: (1) give priority to areas in which the likelihood of a tsunami striking in the next 50 years is 10% or greater; and (2) award grants to state, territory, local, or tribal emergency management departments on a competitive basis considering financial need, benefit to the community, and a demonstrated ability to cooperate with other emergency services providers. Authorizes the use of grant funds to: (1) establish or improve warning systems; (2) purchase public safety agency rescue equipment; (3) reinforce buildings and facilities in maintaining continuity of critical services; (4) provide post-tsunami shelters and supplies; and (5) develop outreach programs to educate residents and tourists about different types of tsunamis and how to react to each type. Sets forth matching fund requirements, based on population. Requires the Director to: (1) determine if grant recipients meet National Oceanic and Atmospheric Administration (NOAA) certification standards; and (2) evaluate the effectiveness and tsunami readiness of programs established pursuant to his Act.

To provide grants to certain areas to prepare for a tsunami.

That the following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of Government for fiscal year 2017, and for other purposes, namely: TITLE I--CONTINUING APPROPRIATIONS FOR FISCAL YEAR 2017 Sec. 101. (a) Such amounts as may be necessary, at a rate for operations as provided in the applicable appropriations Acts for fiscal year 2016 and under the authority and conditions provided in such Acts, for continuing projects or activities (including the costs of direct loans and loan guarantees) that are not otherwise specifically provided for in this title, that were conducted in fiscal year 2016, and for which appropriations, funds, or other authority were made available in the following appropriations Acts: (1) The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2016 (division A of Public Law 114-113). (2) The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2016 (division B of Public Law 114-113). (3) The Department of Defense Appropriations Act, 2016 (division C of Public Law 114-113). (4) The Energy and Water Development and Related Agencies Appropriations Act, 2016 (division D of Public Law 114-113). (5) The Financial Services and General Government Appropriations Act, 2016 (division E of Public Law 114-113). (6) The Department of Homeland Security Appropriations Act, 2016 (division F of Public Law 114-113). (7) The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2016 (division G of Public Law 114-113). (8) The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2016 (division H of Public Law 114-113). (9) The Legislative Branch Appropriations Act, 2016 (division I of Public Law 114-113). (10) The Department of State, Foreign Operations, and Related Programs Appropriations Act, 2016 (division K of Public Law 114-113), except title IX. (11) The Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2016 (division L of Public Law 114-113). (b)(1) The rate for operations provided by subsection (a) in the revised security category (as defined in section 250(c)(4)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985) is hereby adjusted by the percentage necessary to achieve a rate for operations in such category equal to the excess of $548,091,000,000 over the total amount made available in such category pursuant to section 201. (2) The rate for operations provided by subsection (a) in the revised nonsecurity category (as defined in section 250(c)(4)(E) of the Balanced Budget and Emergency Deficit Control Act of 1985) is hereby adjusted by the percentage necessary to achieve a rate for operations in such category equal to the excess of $518,491,000,000 over the total amount made available in such category pursuant to section 201. Sec. 102. (a) No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used for: (1) the new production of items not funded for production in fiscal year 2016 or prior years; (2) the increase in production rates above those sustained with fiscal year 2016 funds; or (3) the initiation, resumption, or continuation of any project, activity, operation, or organization (defined as any project, subproject, activity, budget activity, program element, and subprogram within a program element, and for any investment items defined as a P-1 line item in a budget activity within an appropriation account and an R-1 line item that includes a program element and subprogram element within an appropriation account) for which appropriations, funds, or other authority were not available during fiscal year 2016. (b) No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used to initiate multi-year procurements utilizing advance procurement funding for economic order quantity procurement unless specifically appropriated later. Sec. 103. Appropriations made by section 101 shall be available to the extent and in the manner that would be provided by the pertinent appropriations Act. Sec. 104. Except as otherwise provided in section 102, no appropriation or funds made available or authority granted pursuant to section 101 shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during fiscal year 2016. Sec. 105. Appropriations made and authority granted pursuant to this title shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this title. Sec. 106. Unless otherwise provided for in this title or in the applicable appropriations Act for fiscal year 2017, appropriations and funds made available and authority granted pursuant to this title shall be available until whichever of the following first occurs: (1) the enactment into law of an appropriation for any project or activity provided for in this title; (2) the enactment into law of the applicable appropriations Act for fiscal year 2017 without any provision for such project or activity; or (3) December 9, 2016. Sec. 107. Expenditures made pursuant to this title shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. Sec. 108. Appropriations made and funds made available by or authority granted pursuant to this title may be used without regard to the time limitations for submission and approval of apportionments set forth in section 1513 of title 31, United States Code, but nothing in this title may be construed to waive any other provision of law governing the apportionment of funds. Sec. 109. Notwithstanding any other provision of this title, except section 106, for those programs that would otherwise have high initial rates of operation or complete distribution of appropriations at the beginning of fiscal year 2017 because of distributions of funding to States, foreign countries, grantees, or others, such high initial rates of operation or complete distribution shall not be made, and no grants shall be awarded for such programs funded by this title that would impinge on final funding prerogatives. Sec. 110. This title shall be implemented so that only the most limited funding action of that permitted in the title shall be taken in order to provide for continuation of projects and activities. TITLE II--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017 AND ZIKA RESPONSE AND PREPAREDNESS ACT SEC. 201. ENACTMENT BY REFERENCE. (a) In General.--The provisions of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017 and Zika Response and Preparedness Act, as printed in the Conference Report accompanying H.R. 2577 (H. Rept. 114-640), are hereby enacted into law. (b) Publication.--In publishing the Act in slip form and in the United States Statutes at Large pursuant to section 112, of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end appendixes setting forth the texts of the bill referred to in subsection (a) of this section. TITLE III--ENSURING VETTING OF REFUGEES TO KEEP AMERICANS SAFE SEC. 301. SHORT TITLE. This title may be cited as the ``American Security Against Foreign Enemies Act of 2015'' or as the ``American SAFE Act of 2015''. SEC. 302. REVIEW OF REFUGEES TO IDENTIFY SECURITY THREATS TO THE UNITED STATES. (a) Background Investigation.--In addition to the screening conducted by the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation shall take all actions necessary to ensure that each covered alien receives a thorough background investigation prior to admission as a refugee. A covered alien may not be admitted as a refugee until the Director of the Federal Bureau of Investigation certifies to the Secretary of Homeland Security and the Director of National Intelligence that each covered alien has received a background investigation that is sufficient to determine whether the covered alien is a threat to the security of the United States. (b) Certification by Unanimous Concurrence.--A covered alien may only be admitted to the United States after the Secretary of Homeland Security, with the unanimous concurrence of the Director of the Federal Bureau of Investigation and the Director of National Intelligence, certifies to the appropriate Congressional Committees that the covered alien is not a threat to the security of the United States. (c) Inspector General Review of Certifications.--The Inspector General of the Department of Homeland Security shall conduct a risk- based review of all certifications made under subsection (b) each year and shall provide an annual report detailing the findings to the appropriate Congressional Committees. (d) Monthly Report.--The Secretary of Homeland Security shall submit to the appropriate Congressional Committees a monthly report on the total number of applications for admission with regard to which a certification under subsection (b) was made and the number of covered aliens with regard to whom such a certification was not made for the month preceding the date of the report. The report shall include, for each covered alien with regard to whom a certification was not made, the concurrence or nonconcurrence of each person whose concurrence was required by subsection (b). (e) Definitions.--In this Act: (1) Covered alien.--The term ``covered alien'' means any alien applying for admission to the United States as a refugee who-- (A) is a national or resident of Iraq or Syria; (B) has no nationality and whose last habitual residence was in Iraq or Syria; or (C) has been present in Iraq or Syria at any time on or after March 1, 2011. (2) Appropriate congressional committee.--The term ``appropriate Congressional Committees'' means-- (A) the Committee on Armed Services of the Senate; (B) the Select Committee on Intelligence of the Senate; (C) the Committee on the Judiciary of the Senate; (D) the Committee on Homeland Security and Governmental Affairs of the Senate; (E) the Committee on Foreign Relations of the Senate; (F) the Committee on Appropriations of the Senate; (G) the Committee on Armed Services of the House of Representatives; (H) the Permanent Select Committee on Intelligence of the House of Representatives; (I) the Committee on the Judiciary of the House of Representatives; (J) the Committee on Homeland Security of the House of Representatives; (K) the Committee on Appropriations of the House of Representatives; and (L) the Committee on Foreign Affairs of the House of Representatives. TITLE IV--STOPPING THE INTERNET GIVEAWAY SEC. 401. SHORT TITLE. This title may be cited as the ``Protecting Internet Freedom Act''. SEC. 402. FINDINGS. Congress finds the following: (1) The Department of Commerce and the National Telecommunications and Information Administration (in this section referred to as the ``NTIA'') should be responsible for maintaining the continuity and stability of services related to certain interdependent Internet technical management functions, known collectively as the Internet Assigned Numbers Authority (in this section referred to as the ``IANA''), which includes-- (A) the coordination of the assignment of technical Internet protocol parameters; (B) the administration of certain responsibilities associated with the Internet domain name system root zone management; (C) the allocation of Internet numbering resources; and (D) other services related to the management of the Advanced Research Project Agency and INT top-level domains. (2) The interdependent technical functions described in paragraph (1) were performed on behalf of the Federal Government under a contract between the Defense Advanced Research Projects Agency and the University of Southern California as part of a research project known as the Tera-node Network Technology project. As the Tera-node Network Technology project neared completion and the contract neared expiration in 1999, the Federal Government recognized the need for the continued performance of the IANA functions as vital to the stability and correct functioning of the Internet. (3) The NTIA may use its contract authority to maintain the continuity and stability of services related to the IANA functions. (4) If the NTIA uses its contract authority, the contractor, in the performance of its duties, must have or develop a close constructive working relationship with all interested and affected parties to ensure quality and satisfactory performance of the IANA functions. The interested and affected parties include-- (A) the multistakeholder, private sector-led, bottom-up policy development model for the domain name system that the Internet Corporation for Assigned Names and Numbers represents; (B) the Internet Engineering Task Force and the Internet Architecture Board; (C) Regional Internet Registries; (D) top-level domain operators and managers, such as country codes and generic; (E) governments; and (F) the Internet user community. (5) The IANA functions contract of the Department of Commerce explicitly declares that ``[a]ll deliverables provided under this contract become the property of the U.S. Government.''. One of the deliverables is the automated root zone. (6) Former President Bill Clinton's Internet czar Ira Magaziner stated that ``[t]he United States paid for the Internet, the Net was created under its auspices, and most importantly everything [researchers] did was pursuant to government contracts.''. (7) Under section 3 of article IV of the Constitution of the United States, Congress has the exclusive power to ``dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States''. (8) The .gov and .mil top-level domains are the property of the United States Government, and as property, the United States Government should have the exclusive control and use of those domains in perpetuity. SEC. 403. MAINTAINING THE IANA FUNCTIONS CONTRACT. The Assistant Secretary of Commerce for Communications and Information may not allow the responsibility of the National Telecommunications and Information Administration with respect to the Internet domain name system functions, including responsibility with respect to the authoritative root zone file and the performance of the Internet Assigned Numbers Authority functions, to terminate, lapse, expire, be canceled, or otherwise cease to be in effect unless a Federal statute enacted after the date of enactment of this title expressly grants the Assistant Secretary such authority. SEC. 404. EXCLUSIVE UNITED STATES GOVERNMENT OWNERSHIP AND CONTROL OF .GOV AND .MIL DOMAINS. Not later than 60 days after the date of enactment of this title, the Assistant Secretary of Commerce for Communications and Information shall provide to Congress a written certification that the United States Government has-- (1) secured sole ownership of the .gov and .mil top-level domains; and (2) entered into a contract with the Internet Corporation for Assigned Names and Numbers that provides that the United States Government has exclusive control and use of those domains in perpetuity.

This bill provides continuing FY2017 appropriations to most federal agencies until the earlier of December 9, 2016, or the enactment of the applicable appropriations legislation. It prevents a government shutdown that would otherwise occur when FY2017 begins on October 1, 2016, because the FY2017 appropriations bills that fund the federal government have not been enacted. The bill specifies the rates of operations for security and nonsecurity programs for the duration of the continuing appropriations. The bill enacts, by reference, the provisions of the conference report for H.R. 2577 (Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017 and Zika Response and Preparedness Act). American Security Against Foreign Enemies Act of 2015 or the American SAFE Act of 2015 The Federal Bureau of Investigation, the Department of Homeland Security, and the Director of National Intelligence must take specified actions to ensure that certain aliens from Iraq or Syria receive thorough background investigations and are certified not to be a security threat prior to being admitted to the United States as refugees. Protecting Internet Freedom Act The Department of Commerce may not allow the National Telecommunications and Information Administration's responsibility for Internet domain name system functions to cease unless a federal statute enacted after enactment of this bill expressly grants Commerce the authority. Commerce must certify to Congress that the United States: (1) secured sole ownership of the .gov and .mil top-level domains, and (2) entered into a contract with the Internet Corporation for Assigned Names and Numbers that provides the U.S. government with exclusive control and use of those domains in perpetuity.

Making continuing appropriations for fiscal year 2017, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cigarette Fire Safety Act of 2004''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Cigarette ignited fires are the leading cause of fire deaths in the United States. (2) In 1999 there were 807 deaths from cigarette ignited fires, 2,193 civilian injuries from such fires, and $559,100,000 in property damage caused by such fires. (3) Nearly 100 children are killed each year from cigarette related fires. (4) For over 20 years former Member of Congress Joseph Moakley worked on behalf of burn victims, firefighters, and every individual who has lost a loved one in a fire. By securing enactment of the Cigarette Safety Act of 1984 and the Fire Safe Cigarette Act of 1990, Joseph Moakley completed the necessary technical work for a cigarette fire safety standard and paved the way for a national standard. (5) It is appropriate for the Congress to require by law the establishment of a cigarette fire safety standard for the manufacture and importation of cigarettes. (6) A recent study by the Consumer Product Safety Commission found that the cost of the loss of human life and personal property from not having a cigarette fire safety standard is $4,600,000,000 per year. (7) It is appropriate that the regulatory expertise of the Consumer Product Safety Commission be used to implement a cigarette fire safety standard. SEC. 3. CIGARETTE FIRE SAFETY STANDARD. (a) In General.-- (1) Requirement for standard.--Not later than 18 months after the date of the enactment of this Act, the Commission shall, by rule, prescribe one or more fire safety standards for cigarettes that, except as provided in this Act, are substantively the same as the standards set forth by the State of New York in Part 429 of Title 18 of the Official Compilation of Codes, Rules and Regulations of the State of New York, as promulgated on December 31, 2003 (in this Act referred to as the ``New York standard''), including the Appendix to such Part. (2) Cigarettes with unique characteristics.--In adapting section 4(c) of such Part 429, if the Commission determines that a cigarette, because of its unique or nontraditional characteristics, cannot be tested in accordance with the test method prescribed by the Commission, the manufacturer of such cigarette may propose a test method and performance standard for such cigarette. If the Commission finds the proposed method and standard to be equivalent to the test method and performance standard otherwise established by the Commission, the Commission may approve the method and standard and the manufacturer of such cigarette may employ such test method and performance standard to certify the cigarette pursuant to rules prescribed by this Act. (3) Commission.--In this Act, the term ``Commission'' means the Consumer Product Safety Commission. (b) Procedure.-- (1) In general.--The rule under subsection (a), and any modification thereof, shall be prescribed in accordance with section 553 of title 5, United States Code. (2) Modifications.-- (A) Modification by sponsor.--If the sponsor of the testing methodology used under subsection (a)(2) modifies the testing methodology in any material respect, the sponsor shall notify the Commission of the modification, and the Commission may incorporate the modification in the rule prescribed under subsection (a) if the Commission determines that the modification will enhance a fire safety standard established under subsection (a)(2). (B) Modification by commission.--The Commission may modify the rule prescribed under subsection (a), including the test requirements specified in subsection (a)(2), in whole or in part, only if the Commission determines that compliance with such modification is technically feasible and will enhance a fire safety standard established under that subsection. Any such modification shall not take effect earlier than 3 years after the date on which the rule is first issued. (3) Inapplicability of certain laws.-- (A) In general.--No Federal law or Executive order, including the laws listed in subparagraph (B) but not including chapters 5, 6, 7, and 8 of title 5, United States Code, commonly referred to as the Administrative Procedures Act, may be construed to apply to the promulgation of the rule required by subsection (a), or a modification of the rule under paragraph (2) of this subsection. (B) Included laws.--The Federal laws referred to in subparagraph (A) include the following: (i) The Consumer Product Safety Act (15 U.S.C. 2051 et seq.). (ii) Chapter 6 of title 5, United States Code. (iii) The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (iv) The Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104-121), and the amendments made by that Act. (c) Effective Date.--The Commission shall specify in the rule prescribed under subsection (a) the effective date of the rule. The effective date may not be later than 24 months after the date of the enactment of this Act. (d) Treatment of Standard.-- (1) In general.--The fire safety standard promulgated under subsection (a) shall be treated as a consumer product safety standard promulgated under the Consumer Product Safety Act (15 U.S.C. 2051 et seq.), except as provided in section 4. (2) Treatment of cigarettes.--A cigarette shall be treated as a consumer product under section 3(a)(1)(B) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(1)(B)) for purposes of this Act and for purposes of sections 17 and 18 of the Consumer Product Safety Act (15 U.S.C. 2066, 2067). SEC. 4. PREEMPTION. (a) In General.--This Act, and any cigarette fire safety standard established or modified pursuant to section 3, may not be construed to preempt or otherwise affect in any way any law or regulation that prescribes a fire safety standard for cigarettes-- (1) set forth by the State of New York in the New York standard; or (2) promulgated by any State that is more stringent than the fire safety standard for cigarettes established under this section. (b) Private Remedies.--The provisions of section 25 of the Consumer Product Safety Act (15 U.S.C. 2074) shall apply with respect to the fire safety standard promulgated under section 3(a) of this Act. SEC. 5. SCOPE OF JURISDICTION OF CONSUMER PRODUCT SAFETY COMMISSION. Except as otherwise provided in this Act, the Commission shall have no jurisdiction over tobacco or tobacco products. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.--There is authorized to be appropriated to the Consumer Product Safety Commission for fiscal year 2005, $2,000,000 for purposes of carrying out this Act. (b) Availability.--Amounts appropriated pursuant to subsection (a) shall remain available until expended.

Cigarette Fire Safety Act of 2004 - Requires the Consumer Product Safety Commission to prescribe fire safety standards for cigarettes that, except as provided in this Act, are substantively the same as specified standards promulgated by the State of New York. Directs sponsors of testing methodologies employed under this Act to notify the Commission of any modifications in such methodologies. Authorizes the Commission to modify established fire safety standards to incorporate modifications that will enhance those standards. Requires fire safety standards promulgated under this Act to be treated as consumer product safety standards, and directs that cigarettes shall be treated as consumer products, under the Consumer Product Safety Act (CPSA). Precludes the preemption by this Act of the New York standard or more stringent fire safety standards for cigarettes promulgated by any State. Makes the CPSA's private remedy provisions applicable to fire safety standards promulgated under this Act. Denies the Commission any jurisdiction over tobacco or tobacco products except as provided in this Act.

A bill to provide for fire safety standards for cigarettes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Skills Connection Act''. SEC. 2. CREATION OF SEARCHABLE DATABASE. (a) In General.--Not later than 120 days after the date of enactment of this Act, the Secretary of Labor shall create a publicly available, easily navigable, and searchable database containing the following: (1) A registry of credentials (which may be certificates), for purposes of enabling programs that lead to such a credential to receive priority under a covered provision. (2) A skills database, for purposes of enabling programs that lead to such a credential to receive priority under a covered provision. (3) A jobs bank. (b) Credentials Registry.--In creating a registry of credentials, the Secretary shall-- (1) list the credential in the registry if the credential is required by Federal or State law for an occupation (such as a credential required by a State law regarding qualifications for a health care occupation); (2) list the credential, and list an updated credential, in the registry if the credential involved is an industry- recognized, nationally portable credential that is consistent with the Secretary's established industry competency models and is consistently updated through third party validation to reflect changing industry competencies; and (3) for each credential listed in the registry, provide an assessment of which skills listed in the skills database created under subsection (c) align with or are related to the requirements of the credential. (c) Skills Database.--In creating a skills database, the Secretary shall-- (1) list identifiable skills that are required for employment in the manufacturing sector, as determined by the Secretary-- (A) by using Manufacturing Institute-Endorsed Manufacturing Skills Certification System or similar resource; or (B) by consulting with an organization similar to the Manufacturing Institute; (2) after consultation with the Manufacturing Institute or similar organization and representatives of the Armed Forces list identifiable skills developed through service in the Armed Forces; and (3) for each skill listed under paragraphs (1) and (2), include information about how that skill aligns with or is related to the requirements for the credentials listed under the credentials registry created under subsection (b). (d) Jobs Bank.--In creating a jobs bank, the Secretary shall-- (1) enable job seekers to-- (A) enter basic information through the statewide employment statistics system established under section 15 of the Wagner-Peyser Act (29 U.S.C. 49l-2) for their State of residence about their skills, experience, credentials, and preferred area of employment; and (B) browse job listings submitted by employers to such jobs bank that match the credentials, experience, or other qualifications entered under subparagraph (A); (2) automatically match available jobs with job seekers who have matching qualifications; and (3) enable information relating to shortages in certain skills or credentials available to be utilized by State workforce investment board established under section 111 of the Workforce Investment Board of 1998 (29 U.S.C. 49j) and others to inform decisions about how to allocate workforce development resources. (e) Rule of Construction.--Nothing in this Act shall be construed-- (1) to require an entity with responsibility for selecting or approving an education, training, or workforce investment activities program with regard to a covered provision, to select a program with a credential listed in the registry described in subsection (b); or (2) to be an endorsement of a skill listed under the skills database described in subsection (c) by the Secretary of Labor or the Federal Government. (f) Availability of Funds.--For each fiscal year, funds shall be available from the amount appropriated for each such fiscal year for the Workforce Innovation Fund established under section 1801(a)(3) of title VIII of division B of Public Law 112-10 for the costs of carrying out the provisions of this Act. (g) Definitions.--In this section: (1) Armed forces.--The term ``Armed Forces'' means the Army, Navy, Air Force, and Marine Corps. (2) Covered provision.--The term ``covered provision'' means any of sections 129 and 134 of the Workforce Investment Act of 1998 (29 U.S.C. 2854, 2864), section 122(c)(1)(B) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)(B)), and section 236 of the Trade Act of 1974 (19 U.S.C. 2296). (3) Industry recognized credential.--The term ``industry- recognized'', used with respect to a credential, means a credential that-- (A) is sought or accepted by companies within the industry sector involved as recognized, preferred, or required for recruitment, screening, or hiring; and (B) is endorsed by a nationally recognized trade association or organization representing a significant part of the industry sector. (4) Nationally portable.--The term ``nationally portable'', used with respect to a credential, means a credential that is sought or accepted by companies within the industry sector involved, across multiple States, as recognized, preferred, or required for recruitment, screening, or hiring. (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (6) Workforce investment activities.--The term ``workforce investment activities'' has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801).

Skills Connection Act - Directs the Secretary of Labor to create a searchable and publicly available database containing a registry of industry-recognized credentials, a skills database, and a jobs bank to enable programs that lead to such credentials to receive priority under: youth workforce investment programs, statewide employment and training programs, career and technical programs, and training programs for Trade Adjustment Assistance (TAA) workers. Makes funds available from amounts appropriated for each fiscal year for the Workforce Innovation Fund for the costs of carrying out this Act.

Skills Connection Act

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``International Megan's Law to Prevent Demand for Child Sex Trafficking''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Angel Watch Center. Sec. 5. Sense of Congress provisions. Sec. 6. Enhancing the minimum standards for the elimination of trafficking. Sec. 7. Assistance to foreign countries to meet minimum standards for the elimination of trafficking. Sec. 8. Rules of Construction. SEC. 2. FINDINGS. Congress finds the following: (1) Megan Nicole Kanka, who was 7 years old, was abducted, sexually assaulted, and murdered in 1994, in the State of New Jersey by a violent predator living across the street from her home. Unbeknownst to Megan Kanka and her family, he had been convicted previously of a sex offense against a child. (2) In 1996, Congress adopted Megan's Law (Public Law 104- 145) as a means to encourage States to protect children by identifying the whereabouts of sex offenders and providing the means to monitor their activities. (3) In 2006, Congress passed the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248) to protect children and the public at large by establishing a comprehensive national system for the registration and notification to the public and law enforcement officers of convicted sex offenders. (4) Law enforcement reports indicate that known child-sex offenders are traveling internationally, and that the criminal background of such individuals may not be known to local law enforcement prior to their arrival. (5) The commercial sexual exploitation of minors in child sex trafficking and pornography is a global phenomenon. The International Labour Organization has estimated that 1.8 million children worldwide are victims of child sex trafficking and pornography each year. (6) Child sex tourism, where an individual travels to a foreign country and engages in sexual activity with a child in that country, is a form of child exploitation and, where commercial, child sex trafficking. (7) According to research conducted by The Protection Project of The Johns Hopkins University Paul H. Nitze School of Advanced International Studies, sex tourists from the United States who target children form a significant percentage of child sex tourists in some of the most significant destination countries for child sex tourism. (8) In order to protect children, it is essential that United States law enforcement be able to identify child-sex offenders in the United States who are traveling abroad and child-sex offenders from other countries entering the United States. Such identification requires cooperative efforts between the United States and foreign governments. In exchange for providing notice of child-sex offenders traveling to the United States, foreign authorities will expect United States authorities to provide reciprocal notice of child-sex offenders traveling to their countries. SEC. 3. DEFINITIONS. In this Act: (1) Center.--The term ``Center'' means the Angel Watch Center established pursuant to section 4(a). (2) Child-sex offender.-- (A) In general.--The term ``child-sex offender'' means an individual who is a sex offender described in paragraph (3) or (4) of section 111 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911) by reason of being convicted of a child-sex offense. (B) Definition of convicted.--In this paragraph, the term ``convicted'' has the meaning given the term in paragraph (8) of section 111 of such Act. (3) Child-sex offense.-- (A) In general.--The term ``child-sex offense'' means a specified offense against a minor, as defined in paragraph (7) of section 111 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911), including-- (i) an offense (unless committed by a parent or guardian) involving kidnapping; (ii) an offense (unless committed by a parent or guardian) involving false imprisonment; (iii) solicitation to engage in sexual conduct; (iv) use in a sexual performance; (v) solicitation to practice prostitution; (vi) video voyeurism as described in section 1801 of title 18, United States Code; (vii) possession, production, or distribution of child pornography; (viii) criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct; and (ix) any conduct that by its nature is a sex offense against a minor. (B) Other offenses.--The term ``child-sex offense'' includes a sex offense described in paragraph (5)(A) of section 111 of the Adam Walsh Child Protection and Safety Act of 2006 that is a specified offense against a minor, as defined in paragraph (7) of such section. (C) Foreign convictions; offenses involving consensual sexual conduct.--The limitations contained in subparagraphs (B) and (C) of section 111(5) of the Adam Walsh Child Protection and Safety Act of 2006 shall apply with respect to a child-sex offense for purposes of this Act to the same extent and in the same manner as such limitations apply with respect to a sex offense for purposes of the Adam Walsh Child Protection and Safety Act of 2006. (4) Jurisdiction.--The term ``jurisdiction'' means any of the following: (A) A State. (B) The District of Columbia. (C) The Commonwealth of Puerto Rico. (D) Guam. (E) American Samoa. (F) The Northern Mariana Islands. (G) The United States Virgin Islands. (H) To the extent provided in, and subject to the requirements of, section 127 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16927), a federally recognized Indian tribe. (5) Minor.--The term ``minor'' means an individual who has not attained the age of 18 years. SEC. 4. ANGEL WATCH CENTER. (a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall establish within the Child Exploitation Investigations Unit of United States Immigration and Customs Enforcement (ICE) of the Department of Homeland Security a Center, to be known as the ``Angel Watch Center'', to carry out the activities specified in subsection (d). (b) Leadership.--The Center shall be headed by the Director of ICE, in collaboration with the Commissioner of United States Customs and Border Protection (CBP) and in consultation with the Attorney General. (c) Members.--The Center shall consist of the following: (1) The Director of ICE. (2) The Commissioner of CBP. (3) Individuals who are designated as analysts in ICE or CBP. (4) Individuals who are designated as program managers in ICE or CBP. (d) Activities.-- (1) In general.--The Center shall carry out the following activities: (A) Receive information on travel by child-sex offenders. (B) Establish a system to maintain and archive all relevant information, including the response of destination countries to notifications under subsection (e) where available, and decisions not to transmit notification abroad. (C) Establish an annual review process to ensure that the Center is consistent in procedures to provide notification to destination countries or not to provide notification to destination countries, as appropriate. (2) Information required.--The United States Marshals Service's National Sex Offender Targeting Office shall make available to the Center information on travel by child-sex offenders in a timely manner for purposes of carrying out the activities described in paragraph (1) and (e). (e) Notification.-- (1) To countries of destination.-- (A) In general.--The Center may transmit notice of impending or current international travel of a child- sex offender to the country or countries of destination of the child-sex offender, including to the visa- issuing agent or agents in the United States of the country or countries. (B) Form.--The notice under this paragraph may be transmitted through such means as determined appropriate by the Center, including through an ICE attache. (2) To offenders.-- (A) General notification.-- (i) In general.--If the Center transmits notice under paragraph (1) of impending international travel of a child-sex offender to the country or countries of destination of the child-sex offender, the Secretary of Homeland Security, in conjunction with any appropriate agency, shall make reasonable efforts to provide constructive notice through electronic or telephonic communication to the child-sex offender prior to the child-sex offender's arrival in the country or countries. (ii) Exception.--The requirement to provide constructive notice under clause (i) shall not apply in the case of impending international travel of a child-sex offender to the country or countries of destination of the child-sex offender if such constructive notice would conflict with an existing investigation involving the child-sex offender. (B) Specific notification regarding risk to life or well-being of offender.--If the Center has reason to believe that to transmit notice under paragraph (1) poses a risk to the life or well-being of the child-sex offender, the Center shall make reasonable efforts to provide constructive notice through electronic or telephonic communication to the child-sex offender of such risk. (C) Specific notification regarding probable denial of entry to offender.--If the Center has reason to believe that a country of destination of the child-sex offender is highly likely to deny entry to the child- sex offender due to transmission of notice under paragraph (1), the Center shall make reasonable efforts to provide constructive notice through electronic or telephonic communication to the child-sex offender of such probable denial. (3) Sunset.--The authority of paragraph (1) shall terminate with respect to a child-sex offender beginning as of the close of the last day of the registration period of such child-sex offender under section 115 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16915). (f) Complaint Review.--The Center shall establish a mechanism to receive complaints from child-sex offenders affected by notifications of destination countries of such child-sex offenders under subsection (e). (g) Consultations.--The Center shall seek to engage in ongoing consultations with-- (1) nongovernmental organizations, including faith-based organizations, that have experience and expertise in identifying and preventing child sex tourism and rescuing and rehabilitating minor victims of international sexual exploitation and trafficking; (2) the governments of countries interested in cooperating in the creation of an international sex offender travel notification system or that are primary destination or source countries for international sex tourism; and (3) Internet service and software providers regarding available and potential technology to facilitate the implementation of an international sex offender travel notification system, both in the United States and in other countries. (h) Technical Assistance.--The Secretary of Homeland Security and the Secretary of State may provide technical assistance to foreign authorities in order to enable such authorities to participate more effectively in the notification program system established under this section. SEC. 5. SENSE OF CONGRESS PROVISIONS. (a) Bilateral Agreements.--It is the sense of Congress that the President should negotiate memoranda of understanding or other bilateral agreements with foreign governments to further the purposes of this Act and the amendments made by this Act, including by-- (1) establishing systems to receive and transmit notices as required by title I of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); and (2) establishing mechanisms for private companies and nongovernmental organizations to report on a voluntary basis suspected child pornography or exploitation to foreign governments, the nearest United States embassy in cases in which a possible United States citizen may be involved, or other appropriate entities. (b) Notification to the United States of Child-sex Offenses Committed Abroad.--It is the sense of Congress that the President should formally request foreign governments to notify the United States when a United States citizen has been arrested, convicted, sentenced, or completed a prison sentence for a child-sex offense in the foreign country. SEC. 6. ENHANCING THE MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING. Section 108(b)(4) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7106(b)(4)) is amended by adding at the end before the period the following: ``, including severe forms of trafficking in persons related to sex tourism''. SEC. 7. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING. The President is strongly encouraged to exercise the authorities of section 134 of the Foreign Assistance Act of 1961 (22 U.S.C. 2152d) to provide assistance to foreign countries directly, or through nongovernmental and multilateral organizations, for programs, projects, and activities, including training of law enforcement entities and officials, designed to establish systems to identify sex offenders and provide and receive notification of child sex offender international travel. SEC. 8. RULES OF CONSTRUCTION. (a) Department of Justice.--Nothing in this Act shall be construed to preclude or alter the jurisdiction or authority of the Department of Justice under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.), including section 113(d) of such Act, or any other provision law, or to affect the work of the United States Marshals Service with INTERPOL. (b) Angel Watch Center.--Nothing in this Act shall be construed to preclude the Angel Watch Center from transmitting notice with respect to any sex offender described in paragraph (3) or (4) of section 111 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911) or with respect to any sex offense described in paragraph (5) of such section.

(This measure has not been amended since it was passed by the House on May 20, 2014. International Megan's Law to Prevent Demand for Child Sex Trafficking - (Sec. 4) Directs the Secretary of Homeland Security (DHS) to establish within the Child Exploitation Investigations Unit of U.S. Immigration and Customs Enforcement (ICE) the Angel Watch Center, which shall: (1) receive information on travel by child-sex offenders; (2) establish a system to maintain and archive all relevant information, including decisions not to transmit notification abroad and responses of destination countries to notifications; (3) establish an annual review process to ensure that the Center is consistent in procedures regarding providing notification to destination countries; and (4) establish a mechanism to receive complaints from child-sex offenders affected by notifications of destination countries. Authorizes the Center to transmit notice to a destination country (including to such country's visa-issuing agents in the United States) of impending or current international travel of a child-sex offender to such country. Requires the Secretary, in conjunction with any appropriate agency, if the Center transmits such notice to a destination country, to make reasonable efforts to provide constructive notice through electronic or telephonic communication to the child-sex offender prior to such offender's arrival in such country, except when such constructive notice would conflict with an existing investigation involving the offender. Requires the Center to make reasonable efforts to provide constructive notice to such offender if the Center has reason to believe that transmitting notice to a destination country: (1) poses a risk to the life or well-being of the offender, or (2) is highly likely to result in the destination country denying entry to the offender. Terminates the authority of the Center to transmit such notice of international travel of a child-sex offender as of the close of the last day of the registration period of such offender under the Adam Walsh Child Protection and Safety Act of 2006 (Walsh Act). Directs the Center to establish a mechanism to receive complaints from child-sex offenders affected by notifications of destination countries. Requires the Center to engage in ongoing consultations with: (1) nongovernmental organizations that have experience in identifying and preventing child sex tourism and rescuing and rehabilitating minor victims of international sexual exploitation and trafficking, (2) the governments of countries interested in cooperating in the creation of an international sex offender travel notification system or that are primary destination or source countries for international sex tourism, and (3) Internet service and software providers regarding technology to facilitate the implementation of an international sex offender travel notification system in the United States and in other countries. Authorizes the Secretary of Homeland Security and the Secretary of State to provide technical assistance to enable foreign authorities to participate more effectively in the notification program system. (Sec. 5) Expresses the sense of Congress that the President should: (1) negotiate bilateral agreements with foreign governments to further the purposes of this Act; and (2) formally request foreign governments to notify the United States when a U.S. citizen has been arrested, convicted, or sentenced or has completed a prison sentence for a child-sex offense in the foreign country. (Sec. 6) Amends the Trafficking Victims Protection Act of 2000 to include, as indicia of serious and sustained efforts to eliminate severe forms of trafficking in persons, a country's cooperation with other governments in the investigation and prosecution of such trafficking, including trafficking related to sex tourism. (Sec. 7) Encourages the President to use authorities under the Foreign Assistance Act of 1961 to assist foreign countries in identifying sex offenders and providing and receiving notification of child sex offender international travel.

International Megan's Law to Prevent Demand for Child Sex Trafficking

SECTION 1. SHORT TITLE. This Act may be cited as the ``EPSCoR Research and Competitiveness Act of 2006''. SEC. 2. FINDINGS. The Congress finds the following: (1) Ensuring regional diversity in research funding is an essential strategy in strengthening international competitiveness. (2) Economic development in high technology fields is often advanced by industrial partnerships with near by strong research institutions from which companies can acquire intellectual property, highly trained staff, and vital resources. (3) The National Science Foundation is an independent Federal agency created by Congress in 1950 ``to promote the progress of science; to advance the national health, prosperity and welfare, and to secure the national defense''. (4) Congress has subsequently directed that, ``it shall be an objective of the Foundation to strengthen research and education in the sciences and engineering, including independent research by individuals, throughout the United States, and to avoid undue concentration of such research and education''. (5) Currently, Foundation research investments are concentrated in a small number of States. In contrast, 25 other States together receive less than 10 percent of the Foundation's research funding, yet these States are home to 20 percent of the population, 25 percent of doctoral/research universities, and 18 percent of academic scientists and engineers. (6) Insufficient research infrastructure diminishes the ability of many universities to compete effectively for research funding, and thereby limits their contributions to regional economic development and international competitiveness. (7) The Foundation's Experimental Program to Stimulate Competitive Research, or EPSCoR, is the primary program by which the Foundation seeks to improve the research infrastructure of institutions in States that presently receive small portions of Foundation funding. EPSCoR is thus an important component of national efforts to increase innovation and improve competitiveness. SEC. 3. FUNDING. There are authorized to be appropriated to the Foundation for EPSCoR-- (1) $125,000,000 for fiscal year 2007; and (2) for each of fiscal years 2008 through 2011, an amount equal to the sum of-- (A) $125,000,000; and (B) $125,000,000 multiplied by a percentage equal to the percentage by which the Foundation's budget request for such fiscal year exceeds the total amount appropriated to the Foundation for fiscal year 2007. SEC. 4. RESEARCH INFRASTRUCTURE IMPROVEMENT GRANTS. (a) In General.--In the administration of the Foundation's research infrastructure improvement grant program, the Director shall authorize States participating in the grant program to include partnerships with out-of-State research institutions if the amount of funding transferred to another State does not exceed 5 percent of the amount of the grant in any fiscal year. (b) Authorization Level.--From amounts appropriated pursuant to section 3, the Director shall make available to the research infrastructure improvement grant program-- (1) $65,000,000 for fiscal year 2007; and (2) for each of fiscal years 2008 through 2011, an amount equal to the sum of-- (A) $75,000,000; and (B) $75,000,000 multiplied by a percentage equal to the percentage by which the Foundation's budget request for such fiscal year exceeds the total amount appropriated to the Foundation for fiscal year 2007. SEC. 5. CO-FUNDING. (a) In General.--For each of fiscal years 2007 through 2011, the Director shall obligate and expend not less than 20 percent of the amount available for EPSCoR on co-funding projects that are ranked, by a peer-review process, in the top 20 percent of all proposals submitted in response to an announced competition. (b) Annual Report.--The Director shall submit an annual report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Science that provides information about-- (1) co-funded projects on a State-by-State basis for the preceding year; and (2) the amount and use of co-funding by each of the Foundation's directorates for that year. SEC. 6. CYBER INFRASTRUCTURE. Within 180 days after the date of enactment of this Act, the Director, through the Office of Cyber Infrastructure, shall develop and publish a plan enabling States participating in EPSCoR to participate fully in the Foundation's Cyber Infrastructure Initiative. SEC. 7. MAJOR RESEARCH INSTRUMENTATION. Within 180 days after the date of enactment of this Act, the Director, through the Office of Major Research Instrumentation, shall develop and publish a plan enabling States participating in EPSCoR to develop partnerships and participate fully in the Foundation's major research instrumentation program. SEC. 8. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Science Foundation. (2) EPSCoR.--The term ``EPSCoR'' means the Experimental Program to Stimulate Competitive Research authorized by section 113 of the National Science Foundation Authorization Act of 1988 (42 U.S.C. 1862g). (3) Foundation.--The term ``Foundation'' means the National Science Foundation.D23/

EPSCoR Research and Competitiveness Act of 2006 - Authorizes appropriations for FY2007-FY2011 to the National Science Foundation (NSF) for the Experimental Program to Stimulate Competitive Research (EPSCoR). Requires the Director of the NSF: (1) in the administration of the NSF's research infrastructure improvement grant program, to authorize states participating in the grant program to include partnership with out-of-state research institutions if the amount of funding transferred to another state does not exceed 5% of the amount of the grant in any fiscal year; and (2) from the amounts appropriated pursuant to this Act, to make available specified amounts for FY2007-FY2011 to such grant program. Requires the Director to obligate and spend not less than 20% of the amount available for EPSCoR on co-funding projects that are ranked by a peer-review process in the top 20% of all proposals submitted in response to an announced competition. Requires the submission of annual reports providing information concerning: (1) co-funded projects on a state-by-state basis; and (2) the amount and use of co-funding by each of the NSF's directorates. Requires the Director: (1) through the Office of Cyber Infrastructure, to develop and publish a plan enabling states participating in EPSCoR to develop partnerships and participate fully in the NSF's Cyber Infrastructure Initiative; and (2) through the Office of Major Research Instrumentation, to develop and publish a plan enabling states participating in EPSCoR to develop partnerships and participate fully in the NSF's major research instrumentation program.

A bill to enhance scientific research and competitiveness through the Experimental Program to Stimulate Competitive Research, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clear Creek National Recreation Area and Conservation Act''. SEC. 2. DEFINITIONS. In this Act: (1) Management plan.--The term ``management plan'' means the Plan for the Recreation Area prepared under section 4(c). (2) Recreation area.--The term ``Recreation Area'' means the Clear Creek National Recreation Area. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of California. (5) Off highway vehicle.--The term ``off highway vehicle'' means any motorized vehicle designed for or capable of cross- country travel on or immediately over land, water, snow, or other natural terrain and not intended for use on public roads. SEC. 3. ESTABLISHMENT OF CLEAR CREEK NATIONAL RECREATION AREA. (a) In General.--To promote environmentally responsible off highway vehicle recreation, the area generally depicted as ``Proposed Clear Creek National Recreation Area'' on the map titled ``Proposed Clear Creek National Recreation Area'' and dated December 15, 2015, is established as the ``Clear Creek National Recreation Area'', to be managed by the Secretary. (b) Other Purposes.--The Recreation Area shall also support other public recreational uses, such as hunting, hiking, and rock and gem collecting. (c) Map on File.--Copies of the map referred to in subsection (a) shall be on file and available for public inspection in-- (1) the Office of the Director of the Bureau of Land Management; and (2) the appropriate office of the Bureau of Land Management in California. SEC. 4. MANAGEMENT. (a) In General.--The Secretary shall manage the Recreation Area to further the purposes described in section 3(a), in accordance with-- (1) this Act; (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) any other applicable law. (b) Uses.--The Secretary shall-- (1) prioritize environmentally responsible off highway vehicle recreation and also facilitate hunting, hiking, gem collecting, and the use of motorized vehicles, mountain bikes, and horses in accordance with the management plan described in subsection (c); (2) issue special recreation permits for motorized and non- motorized events; and (3) reopen the Clear Creek Management Area to the uses described in this subsection as soon as practicable following the enactment of this Act and in accordance with the management guidelines outlined in this Act and other applicable law. (c) Interim Management Plan.--The Secretary shall use the 2006 Clear Creek Management Area Resource Management Plan Amendment and Route Designation Record of Decision as modified by this Act or the Secretary to incorporate natural resource protection information not available in 2006, as the basis of an interim management plan to govern off highway vehicle recreation within the Recreation Area pending the completion of the long-term management plan required in subsection (d). (d) Permanent Management Plan.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall create a comprehensive management plan for the Clear Creek Recreation Area that-- (1) shall describe the appropriate uses and management of the Recreation Area in accordance with this Act; (2) shall be prepared in consultation with-- (A) appropriate Federal, State, and local agencies (including San Benito, Monterey, and Fresno Counties); (B) adjacent land owners; (C) other stakeholders (including conservation and recreational organizations); and (D) holders of any easements, rights-of-way, and other valid rights in the Recreation Area; (3) shall include a hazards education program to inform people entering the Recreation Area of the asbestos related risks associated with various activities within the Recreation Area, including off-highway vehicle recreation; (4) shall include a user fee program for motorized vehicle use within the Recreational Area and guidelines for the use of the funds collected for the management and improvement of the Recreation Area; (5) shall designate as many previously used trails, roads, and other areas for off highway vehicle recreation as feasible in accordance with this in order to provide a substantially similar recreational experience, except that nothing in this paragraph shall be construed as precluding the Secretary from closing any area, trail, or route from use for the purposes of public safety or resource protection; (6) may incorporate any appropriate decisions, as determined by the Secretary, in accordance with this Act, that are contained in any management or activity plan for the area completed before the date of the enactment of this Act; (7) may incorporate appropriate wildlife habitat management plans or other plans prepared for the land within or adjacent to the Recreation Area before the date of the enactment of this Act, in accordance with this Act; (8) may use information developed under any studies of land within or adjacent to the Recreation Area carried out before the date of enactment of this Act; and (9) may include cooperative agreements with State or local government agencies to manage all or a portion of the recreational activities within the Recreation Area in accordance with an approved management plan and the requirements of this Act. (e) Acquisition of Property.-- (1) In general.--The Secretary may acquire land adjacent to the National Recreation Area by purchase from willing sellers, donation, or exchange. (2) Management.--Any land acquired under paragraph (1) shall be managed in accordance with-- (A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (B) this Act; and (C) any other applicable law (including regulations). (3) Improved access.--The Secretary may acquire by purchase from willing sellers, donation, exchange, or easement, land, or interest in land to improve public safety in providing access to the Recreation Area. (f) Private Property.-- (1) Access to private property.-- (A) In general.--The Secretary shall provide landowners adequate access to inholdings within the Recreation Area. (B) Inholdings.--For access purposes, private land adjacent to the Recreation Area to which there is no other practicable access except through the Recreation Area shall be managed as an inholding. (2) Use of private property.--Nothing in this Act affects the ownership, management, or other rights relating to any non- Federal land (including any interest in any non-Federal land). (3) Buffer zones.--Nothing in this Act creates a protective perimeter or buffer zone around the Recreation Area. (4) Valid rights.--Nothing in this Act affects any easements, rights-of-way, and other valid rights in existence on the date of the enactment of this Act. (g) Water Right Exclusion.--Nothing in this Act-- (1) shall constitute or be construed to constitute either an express or implied reservation by the United States of any water or water rights with respect to the Recreation Area; or (2) shall affect any water rights existing on the date of the enactment of this Act. (h) Hunting and Fishing.--Nothing in this Act-- (1) limits hunting or fishing; or (2) affects the authority, jurisdiction, or responsibility of the State to manage, control, or regulate fish and resident wildlife under State law (including regulations), including the regulation of hunting or fishing on public land managed by the Bureau of Land Management. (i) Motorized Vehicles.--Except in cases in which motorized vehicles are needed for administrative purposes or to respond to an emergency, the use of motorized vehicles on public land in the Recreation Area shall be permitted only on roads, trails, and areas designated by the management plan for the use by motorized vehicles. (j) Grazing.--In the Recreation Area, the grazing of livestock in areas in which grazing is allowed as of the date of the enactment of this Act shall be allowed to continue, consistent with-- (1) this Act; (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) any regulations promulgated by the Secretary, acting through the Director of the Bureau of Land Management. (k) Withdrawal.--Subject to valid existing rights, all Federal land within the Recreation Area is withdrawn from-- (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patenting under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (l) Fees.--Amounts received by the Secretary under the fee structure required by subsection (d)(4) shall be-- (1) deposited in a special account in the Treasury of the United States; and (2) made available until expended to the Secretary for use in the Recreation Area. (m) Risk Standard.--The National Oil and Hazardous Substances Pollution Contingency Plan (section 300 of title 40, Code of Federal Regulations), published pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605), shall not apply to the Secretary's management of asbestos exposure risks faced by the public when recreating within the Clear Creek Recreation Area described in section 3(b). SEC. 5. JOAQUIN ROCKS WILDERNESS. In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 21,000 acres of Federal lands located in Fresno County and San Benito County, California, and generally depicted on a map entitled ``Proposed Joaquin Rocks Wilderness'' and dated January 14, 2015, is designated as wilderness and as a component of the National Wilderness Preservation System and shall be known as the ``Joaquin Rocks Wilderness''. SEC. 6. RELEASE OF SAN BENITO MOUNTAIN WILDERNESS STUDY AREA. (a) Finding.--Congress finds that, for the purposes of section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), the San Benito Mountain wilderness study area has been adequately studied for wilderness designation. (b) Release.--The San Benito Mountain wilderness study area is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)). SEC. 7. CLARIFICATION REGARDING FUNDING. No additional funds are authorized to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized. Passed the House of Representatives July 5, 2016. Attest: KAREN L. HAAS, Clerk.

Clear Creek National Recreation Area and Conservation Act (Sec. 3) This bill establishes the Clear Creek National Recreation Area in California to promote environmentally responsible off-highway vehicle recreation and support other public recreational uses, including hunting, hiking, and rock and gem collecting. (Sec. 4) The Department of the Interior shall: prioritize environmentally responsible off-highway vehicle recreation and also facilitate hunting, hiking, gem collecting, and the use of motorized vehicles, mountain bikes, and horses; issue special recreation permits for motorized and nonmotorized events; and reopen the Clear Creek Management Area to such uses. Interior shall use the 2006 Clear Creek Management Area Travel Management Plan, as modified by this bill or by Interior, to incorporate natural resource protection information unavailable in 2006 as the basis for an interim management plan to govern off-highway vehicle recreation in the Recreation Area. Interior shall create a comprehensive management plan for the Recreation Area, which shall include: a hazards education program to inform people entering the Recreation Area of the asbestos-related risks associated with various activities within the recreation area, including off-highway vehicle recreation; and a user fee program for motorized vehicle use and guidelines for the use of the funds collected for the management and improvement of the recreation area. Interior may acquire by purchase from willing sellers, donation, or exchange: lands adjacent to the Recreation Area, and lands or interests in land to improve public safety in allowing access to the Recreation Area. Landowners must be given adequate access to inholdings within the Recreation Area. Private land adjacent to the Recreation Area to which there is no practicable access except through the recreation area shall be managed as an inholding. Nothing in this bill: creates a protective perimeter or buffer zone around the Recreation Area, constitutes a reservation by the United States of any water or water rights, limits hunting or fishing, or affects state authority to manage or regulated fish and resident wildlife. The use of motorized vehicles on public land in the Recreation Area shall be permitted only on roads, trails, and areas designated by the management plan. Livestock grazing shall be allowed to continue in certain parts of the Recreation Area. The bill withdraws all federal land within the Recreation Area from: (1) all forms of entry, appropriations, and disposal under the public land laws; (2) location, entry, and patenting under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. The National Oil and Hazardous Substances Pollution Contingency Plan shall not apply to Interior's management of asbestos exposure risks faced by the public when recreating within the Recreation Area. (Sec. 5) The bill designates approximately 21,000 acres of identified federal lands in Fresno and San Benito Counties, California, as the Joaquin Rocks Wilderness, and a component of the National Wilderness Preservation System. (Sec. 6) The bill also releases the San Benito Mountain Wilderness Study Area from specified requirements applicable to public lands subject to a wilderness review. (Sec. 7) No additional funds are authorized to carry out this bill's requirements, and those requirements shall be carried out using amounts otherwise authorized.

Clear Creek National Recreation Area and Conservation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Second Chance Voting Rights Act of 2006''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The right to vote is the most fundamental act performed by citizens in our great representative democracy. (2) Citizen participation in local, State, and Federal elections is the primary means to assure representation of many constituent groups in the political process. (3) More than 500,000 Americans who were convicted of felony crimes have served their entire sentence and stand free and clear of incarceration and parole. (4) It is the civic duty of every citizen of the United States to vote in any election in order to guarantee full and fair representation of all interests. (5) Allowing ex-offenders to vote restores them to their role as responsible citizens in this great country whose greatness is strengthened by the civic rehabilitation and participation of all nonvoting citizens. (6) The States of Alaska, Arkansas, California, Colorado, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, West Virginia, and Wisconsin, and the District of Columbia, restore the right to vote automatically upon the completion of sentence, including parole. (7) The United States should ensure that the Federal voting rights of a person are restored upon the unconditional release of that person from prison and the completion of sentence, including parole. SEC. 3. FEDERAL VOTING RIGHTS OF INDIVIDUALS WHO HAVE BEEN CONVICTED OF A CRIMINAL OFFENSE. (a) In General.--The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense. (b) Applicability.--Subsection (a) shall apply to an individual convicted of a criminal offense upon the unconditional release of that individual from incarceration for that offense and the completion of sentence for that offense, including parole. SEC. 4. ENFORCEMENT. (a) Attorney General.--The Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this Act. (b) Private Right of Action.-- (1) A person who is aggrieved by a violation of this Act may provide written notice of the violation to the chief election official of the State involved. (2) Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action obtain declaratory or injunctive relief with respect to the violation. (3) If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. SEC. 5. DEFINITIONS. For purposes of this Act-- (1) the term ``election'' means-- (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President; and (2) the term ``Federal office'' means the office of President or Vice President of the United States, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States. SEC. 6. RELATION TO OTHER LAWS. (a) State Laws.--Nothing in this Act shall be construed to prohibit the States enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this Act. (b) Federal Laws.--The rights and remedies established by this Act are in addition to all other rights and remedies provided by law, and neither rights and remedies established by this Act shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) or the National Voter Registration Act (42 U.S.C. 1973-gg).

Second Chance Voting Rights Act of 2006 - Declares that the right of a U.S. citizen to vote in any election for federal office shall not be denied or abridged because that individual has been convicted of a criminal offense. Applies this Act to a convicted individual upon his or her unconditional release from incarceration and completion of his or her sentence, including parole. Provides for enforcement of, and remedies for, violations of this Act. Prohibits construing this Act to prohibit states from affording the right to vote in any federal election on less restrictive terms.

To secure the Federal voting rights of a person upon the unconditional release of that person from prison and the completion of sentence, including parole.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Growth and Stabilization Financing Demonstration Act 1994''. SEC. 101. GUARANTEED LOAN DEMONSTRATION PROGRAM. (a) In General.--In order to study the feasibility and desirability of a program of loan guarantees for economic growth and stabilization in communities facing economic distress, the Secretary is authorized to guarantee loans made to private borrowers by private lending institutions, community development financial institutions, and other lenders as the Secretary considers appropriate, except that the Secretary may guarantee loans less than $750,000 only if the borrower is not eligible for a loan guarantee under the Small Business Act. (b) Terms and Conditions.-- (1) In general.--The Secretary may make such guarantees upon application of the lenders and upon such terms and conditions as the Secretary may prescribe. (2) Presumption of validity.--Guarantees under paragraph (1) shall be conclusive evidence that the guarantee has been properly obtained, that the underlying loan qualifies for such guarantee, and that, but for fraud or material misrepresentation by the holder, such guarantee will be presumed to be valid, legal, and enforceable. (3) Lender responsibility.--No guarantee will be provided unless the lender is responsible and makes adequate provision for servicing the loan on reasonable terms and for protecting the financial interest of the United States. (c) Preferred Lender Preference.--To the extent feasible, the Secretary shall exercise the guarantee authority established under this section on a preferred lender basis and authorize lenders, in accordance with agreements entered into between the Secretary and such lenders, to take such actions on the Secretary's behalf as the Secretary deems appropriate, including, but not limited to, the determination of eligibility and credit worthiness and loan monitoring, collection and liquidation. (d) Target Subsidy Rate.--In exercising the loan guarantee authority provided under this section, the Secretary shall attempt to administer the program in a manner which results in a subsidy rate not to exceed approximately 6 percent of the amount of the overall loan guarantees. (e) Authorization of Appropriations.--Of the funds authorized to be appropriated under section 106, for purposes of this section there are authorized to be appropriated $50,000,000 per fiscal year to cover the costs (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees issued pursuant to subsection (b)(3) of such section. Such sums shall remain available until expended. SEC. 102. INTEREST RATE SUBSIDY DEMONSTRATION PROGRAM. (a) In General.--In order to study the feasibility and desirability of a program of interest rate subsidies for economic growth and stabilization in communities facing economic distress, the Secretary is authorized to pay interest rate subsidies to private lending institutions, community development financial institutions, and other lenders as the Secretary considers appropriate, for loans made to private borrowers. (b) Terms and Conditions.--The Secretary may pay interest rate subsidies upon application of the lenders and upon such terms and conditions as the Secretary may prescribe, except that no interest rate subsidy may be provided unless the lender is responsible and makes adequate provision for servicing the loan on reasonable terms and for protecting the financial interest of the United States. (c) Preferred Lender Preference.--To the extent feasible, the Secretary shall exercise the interest rate subsidy authority established under this section on a preferred lender basis and authorize lenders, in accordance with agreements entered into between the Secretary and such lenders, to take such actions on the Secretary's behalf as the Secretary deems appropriate, including, but not limited to, the determination of eligibility and credit worthiness and loan monitoring, collection and liquidation. SEC. 103. EQUITY FINANCE DEMONSTRATION PROGRAM. (a) In General.--In order to study the feasibility and desirability of a program of equity financing for economic growth and stabilization in communities facing economic distress, the Secretary is authorized to establish a demonstration program under which the Secretary may directly, or indirectly through grants to eligible intermediaries, purchase or commit to purchase warrants, subordinated debt, or nonvoting preferred securities of private United States businesses or nonprofit organizations and associations. (b) Establishment of Fund.--For purposes of conducting the program provided under subsection (a), the Secretary shall establish an Equity Investment Revolving Fund. (c) Disposal of Equity Instruments.--The Secretary shall endeavor to dispose of any financial instruments purchased or guaranteed under this section within a period of 10 years after their date acquisition of such interest. (d) Use of Payments.-- (1) Use of payments to the secretary.--Amounts received by the Secretary from the payment of dividends and the redemption of financial instruments acquired under this section shall be deposited in the Equity Investment Revolving Fund and shall, subject to appropriations, be available to make or guarantee additional investments consistent with this section. (2) Use of payments to eligible intermediaries.--Of the amounts received by eligible recipient intermediaries from the payment of dividends and the redemption of financial instruments acquired under this section-- (A) up to 50 percent may be retained by such eligible intermediaries to make or guarantee additional investments consistent with this section, and (B) no less than 50 percent shall be returned to the Secretary to be deposited into the Fund established under subsection (b) to make or guarantee additional investments consistent with this section. (e) Investment of Excess Funds.--If the Secretary determines that the amount of money in the Fund exceeds the current requirements of the Fund, the Secretary may direct the Secretary of the Treasury to invest such amounts in obligations of the United States, in obligations guaranteed by the United States Government, or in such other obligations or securities of the United States as the Secretary of the Treasury deems appropriate. Provided, however, that any subsequent use of monies so invested shall be subject to appropriations. SEC. 104. SECONDARY MARKET CREDIT ENHANCEMENT DEMONSTRATION PROGRAM. In order to study the feasibility and desirability of a program of providing credit enhancements to pools of financial instruments related to economic growth and stabilization activities in communities facing economic distress, the Secretary is authorized to establish a demonstration program under which the Secretary may provide credit enhancements to pools of financial instruments related to economic growth and stabilization activities in such areas. SEC. 105. PERFORMANCE EVALUATIONS; REPORT TO CONGRESS. (a) Performance Evaluations.--The Secretary shall conduct performance evaluations of each of the demonstration projects established under this Act to assess their effectiveness in promoting economic growth and stabilization in communities facing economic distress. (b) Annual Report.--Based on the evaluations conducted under subsection (a), the Secretary shall prepare and submit annually a report to the Congress containing a full and detailed account of operations under this Act. Such a report shall include-- (1) performance measures established under subsection (a); (2) an audit setting forth the amount, type, recipient, and source of disbursements, receipts, and losses sustained as a result of operations under this Act during the preceding fiscal year and since inception of the demonstration programs; and (3) recommendations with respect to program changes, statutory changes, and other matters to improve and facilitate the operations of the demonstration programs and to encourage the use of these programs by qualified concerns. SEC. 106. AUTHORIZATION OF APPROPRIATIONS. For purposes of this Act, there are authorized to be appropriated $90,000,000 per fiscal year. Such sums shall remain available until expended. SEC. 107. SEPARABILITY. If any provision of this Act, or any application of such provision to any person or circumstance, shall be held invalid, the remainder of this Act, or the application of such provision to person or circumstance other than those as to which it is held invalid, shall not be affected thereby.

Economic Growth and Stabilization Financing Demonstration Act 1994 - Prescribes guidelines under which the Secretary of Commerce may conduct demonstration programs in economically distressed communities to: (1) guarantee loans made by lending institutions to private parties; (2) pay interest rate subsidies; (3) implement an equity financing program; and (4) provide secondary market credit enhancements to pools of financial instruments related to economic growth and stabilization in such communities. Directs the Secretary to conduct performance evaluations and submit an annual status report to the Congress. Authorizes appropriations.

Economic Growth and Stabilization Financing Demonstration Act 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hibben Center for Archaeological Research Act of 2002''. SEC. 2. FINDINGS. Congress finds that-- (1) when the Chaco Culture National Historical Park was established in 1907 as the Chaco Canyon National Monument, the University of New Mexico owned a significant portion of the land located within the boundaries of the Park; (2) during the period from the 1920's to 1947, the University of New Mexico conducted archaeological research in the Chaco Culture National Historical Park; (3) in 1949, the University of New Mexico-- (A) conveyed to the United States all right, title, and interest of the University in and to the land in the Park; and (B) entered into a memorandum of agreement with the National Park Service establishing a research partnership with the Park; (4) since 1971, the Chaco Culture National Historical Park, through memoranda of understanding and cooperative agreements with the University of New Mexico, has maintained a research museum collection and archive at the University; (5) both the Park and the University have large, significant archaeological research collections stored at the University in multiple, inadequate, inaccessible, and cramped repositories; and (6) insufficient storage at the University makes research on and management, preservation, and conservation of the archaeological research collections difficult. SEC. 3. DEFINITIONS. In this Act: (1) Hibben center.--The term ``Hibben Center'' means the Hibben Center for Archaeological Research to be constructed at the University under section 4(a). (2) Park.--The term ``Park'' means the Chaco Culture National Historical Park in the State of New Mexico. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Tenant improvement.--The term ``tenant improvement'' includes-- (A) finishing the interior portion of the Hibben Center leased by the National Park Service under section 4(c)(1); and (B) installing in that portion of the Hibben Center-- (i) permanent fixtures; and (ii) portable storage units and other removable objects. (5) University.--The term ``University'' means the University of New Mexico. SEC. 4. HIBBEN CENTER FOR ARCHAEOLOGICAL RESEARCH. (a) Establishment.--The Secretary may, in cooperation with the University, construct and occupy a portion of the Hibben Center for Archaeological Research at the University. (b) Grants.-- (1) In general.--The Secretary may provide to the University a grant to pay the Federal share of the construction and related costs for the Hibben Center under paragraph (2). (2) Federal share.--The Federal share of the construction and related costs for the Hibben Center shall be 37 percent. (3) Limitation.--Amounts provided under paragraph (1) shall not be used to pay any costs to design, construct, and furnish the tenant improvements under subsection (c)(2). (c) Lease.-- (1) In general.--Before funds made available under section 5 may be expended for construction costs under subsection (b)(1) or for the costs for tenant improvements under paragraph (2), the University shall offer to enter into a long-term lease with the United States that-- (A) provides to the National Park Service space in the Hibben Center for storage, research, and offices; and (B) is acceptable to the Secretary. (2) Tenant improvements.--The Secretary may design, construct, and furnish tenant improvements for, and pay any moving costs relating to, the portion of the Hibben Center leased to the National Park Service under paragraph (1). (d) Cooperative Agreements.--To encourage collaborative management of the Chacoan archaeological objects associated with northwestern New Mexico, the Secretary may enter into cooperative agreements with the University, other units of the National Park System, other Federal agencies, and Indian tribes for-- (1) the curation of and conduct of research on artifacts in the museum collection described in section 2(4); and (2) the development, use, management, and operation of the portion of the Hibben Center leased to the National Park Service under subsection (c)(1). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated-- (1) to pay the Federal share of the construction costs under section 4(b), $1,574,000; and (2) to pay the costs of carrying out section 4(c)(2), $2,198,000. (b) Availability.--Amounts made available under subsection (a) shall remain available until expended. (c) Reversion.--If the lease described in section 4(c)(1) is not executed by the date that is 2 years after the date of enactment of this Act, any amounts made available under subsection (a) shall revert to the Treasury of the United States.

Hibben Center for Archaeological Research Act of 2002 - Authorizes the Secretary of the Interior to: (1) construct and occupy a portion of the Hibben Center for Archaeological Research at the University of New Mexico; (2) provide a grant to the University to pay the Federal share of construction and related costs for the Center; and (3) furnish specified tenant improvements to the portion of the Center leased to the National Park Service (NPS).Requires the University, before funds available under this Act may be expended for construction or tenant improvement costs, to offer to enter into a long-term lease with the United States that: (1) provides to NPS space in the Center for storage, research, and offices; and (2) is acceptable to the Secretary.Authorizes the Secretary, in order to encourage collaborative management of the Chacoan archaeological objects associated with northwestern New Mexico, to enter into cooperative agreements with the University, other NPS units, other Federal agencies, and Indian tribes for: (1) the curation and conduct of research on artifacts in the research museum collection and archive at the University; and (2) the development, use, management, and operation of the portion of the Center leased to NPS.

A bill to authorize the Secretary of the Interior, in cooperation with the University of New Mexico, to construct and occupy a portion of the Hibben Center for Archaeological Research at the University of New Mexico, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping Salvadoran Families Together Act''. SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF EL SALVADOR GRANTED OR ELIGIBLE FOR TEMPORARY PROTECTED STATUS. (a) In General.--Title II of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after section 244 the following: ``SEC. 244A. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF EL SALVADOR GRANTED OR ELIGIBLE FOR TEMPORARY PROTECTED STATUS. ``(a) In General.--The status of any alien described in subsection (c) shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if the alien-- ``(1) applies for such adjustment within 3 years after the date of the enactment of this section; ``(2) is determined to be admissible to the United States for permanent residence; and ``(3) meets the criteria established under subsection (c). ``(b) Certain Grounds for Inadmissability Inapplicable.-- ``(1) In general.--For purposes of determining admissibility under subsection (a)(2), the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply. ``(2) Additional waiver for individual aliens.--The Secretary may waive any other provision of section 212(a) in the case of an individual alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. ``(c) Aliens Eligible for Adjustment of Status.--An alien shall be eligible for adjustment of status if the alien-- ``(1) is a national of El Salvador who was granted temporary protected status, or was otherwise eligible for temporary protected status, on or before the date of the enactment of this section; and ``(2) has been continuously physically present in the United States for a period of not less than 3 years before the date of the enactment of this section. ``(d) Waiver Authorized.--Notwithstanding any provision of this Act, an alien who fails to meet the continuous physical presence requirement under paragraph (2) of subsection (c) shall be considered eligible for status adjustment as provided in this section if the Attorney General or the Secretary determines that the removal of the alien from the United States would result in extreme hardship to the alien, their spouse, their children, their parents, or their domestic partner. ``(e) Effect of Application on Certain Orders.--An alien present in the United States who has been ordered removed or has been granted voluntary departure from the United States may, notwithstanding such order, apply for adjustment of status under this section. Such alien shall not be required to file a separate motion to reopen, reconsider, or vacate the order of removal. If the Secretary approves the application, the Secretary shall cancel the order of removal. If the Secretary renders a final administrative decision to deny the application, the order of removal shall be effective and enforceable to the same extent as if the application had not been made. ``(f) Work Authorization.--The Secretary shall authorize an alien who has applied for adjustment of status under this section to engage in employment in the United States during the pendency of such application and shall provide the alien with an appropriate document signifying authorization of employment. ``(g) Adjustment of Status for Certain Family Members.-- ``(1) In general.--The status of an alien shall be adjusted by the Secretary to that of an alien lawfully admitted for permanent residence if the alien-- ``(A) is the spouse, parent, or unmarried son or daughter of an alien whose status is adjusted under this section; ``(B) applies for adjustment under this section within 3 years after the date of the enactment of this section; and ``(C) is determined to be admissible to the United States for permanent residence. ``(2) Certain grounds for inadmissibility inapplicable.-- For purposes of determining admissibility under subsection (g)(1)(C), the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) shall not apply. ``(h) Availability of Administrative Review.--The Secretary shall provide to aliens applying for adjustment of status under this section the same right to, and procedures for, administrative review as are provided to-- ``(1) applicants for adjustment of status under section 245; and ``(2) aliens subject to removal proceedings under section 240. ``(i) No Offset in Number of Visas Available.--The granting of adjustment of status under this section shall not reduce the number of immigrant visas authorized to be issued under any provision of this Act. ``(j) Treatment of Brief, Casual, and Innocent Departures and Certain Other Absences.--An alien who has failed to maintain the 3-year continuous physical presence requirement under subsection (c) because of brief, casual, and innocent departures or, emergency travel, or extenuating circumstances outside of the control of the alien, shall not be considered to have failed to maintain continuous physical presence in the United States. ``(k) Definition.--In this section, the term `domestic partner' means an adult of at least 18 years of age in a committed relationship with an alien applying for adjustment of status under this section. A committed relationship is one in which the employee and the domestic partner of the employee are each other's sole domestic partner (and are not married to or domestic partners with anyone else) and share responsibility for a significant measure of each other's common welfare and financial obligations. This includes any relationship between two individuals of the same or opposite sex that is granted legal recognition by a State or by the District of Columbia as a marriage or analogous relationship (including a civil union).''. (b) Clerical Amendment.--The table of contents of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 244 the following: ``Sec. 244A. Adjustment of status for certain nationals of El Salvador granted or eligible for temporary protected status.''. SEC. 3. ADJUSTMENT OF RELATION OF PERIOD OF TEMPORARY PROTECTED STATUS TO CANCELLATION OF REMOVAL. Section 244(e) of the Immigration and Nationality Act (8 U.S.C. 1254a(e)) is amended-- (1) by striking ``With respect to an alien'' and inserting the following: ``(1) In general.--With respect to an alien''; and (2) by adding at the end the following: ``(2) Waiver for certain temporary protected status holders.--The provisions in subsection (e) shall not apply to an alien who is eligible for adjustment of status pursuant to section 244A.''. SEC. 4. ELIGIBILITY FOR NATURALIZATION. (a) In General.--Notwithstanding sections 319(b), 328, and 329 of the Immigration and Nationality Act (8 U.S.C. 1430(b), 1439, and 1440), an alien whose status is adjusted under section 244A of the Immigration and Nationality Act, as added by section 2 of this Act, to that of an alien lawfully admitted for permanent residence may apply for naturalization under chapter 2 of title III of the Immigration and Nationality Act (8 U.S.C. 1421 et seq.) not earlier than 5 years after such adjustment of status. (b) Language Requirement Waiver.--Section 312(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1423(b)(2)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``334, either--'' and inserting ``334--''; (2) in subparagraph (A), by striking ``, or'' at the end and inserting a semicolon; (3) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (4) by adding at the end the following: ``(C) is an alien who received adjustment of status under section 244A.''.

Keeping Salvadoran Families Together Act This bill amends the Immigration and Nationality Act to permit an alien who is a national of El Salvador in temporary protected status (TPS) to apply for legal permanent resident status if such alien: is eligible for permanent resident status, applies for adjustment within three years, was granted or was eligible for TPS status, and has been continuously physically present in the United States for at least three years. (TPS designations permit eligible nationals of designated counties affected by armed conflict or natural disasters to temporarily reside and work in the United States.) The bill: waives certain grounds of inadmissibility; authorizes the waiver of the continuous physical presence requirement if an alien's removal would cause extreme hardship to the alien or to the alien's spouse, children, parents, or domestic partner; authorizes an alien who has applied for status adjustment to work; and authorizes an alien who has been ordered removed or granted voluntary departure to apply for status adjustment. An alien's spouse, parent, or unmarried child shall have his or her status adjusted to legal permanent resident if such person is eligible for status adjustment and applies within three years.

Keeping Salvadoran Families Together Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``HMO Guaranty Act of 2000''. SEC. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the Board of Directors appointed under section 3(d). (2) Contractual obligation.--The term ``contractual obligation'' means an obligation by a health maintenance organization, under an agreement, policy, certificate, or evidence of coverage involving a covered individual and the organization, to pay or reimburse the covered individual (or a health care provider who provided items or services to the individual) for services provided prior to the declaration of the insolvency of the health maintenance organization, that remains unpaid at the time of such insolvency. Such term does not include claims by former employees, including medical professional employees, for deferred compensation, severance, vacation, or other employment benefits. (3) Covered individual.--The term ``covered individual'' means an enrollee or member of a health maintenance organization. (4) Guaranty fund.--The term ``Guaranty Fund'' means the Federal HMO Guaranty Fund established under section 3. (5) Health care provider.--The term ``health care provider'' means a physician, hospital, or other person that is licensed or otherwise authorized by the State to provide health care services, and that provided health care services to an enrollee of a health maintenance organization. (6) Health maintenance organization.--The term ``health maintenance organization'' has the meaning given such term by section 2791(b)(3) of the Public Health Service Act (42 U.S.C. 300gg-91(b)(3)). (7) Health maintenance organization contract.--The term ``covered health maintenance organization contract'' means a policy, certificate, or other evidence of health care coverage that is issued by a health maintenance organization. (8) Insolvent organization.--The term ``insolvent organization'' means a health maintenance organization that is declared insolvent by court of competent jurisdiction and placed under the control of a State Commissioner of Insurance for the purpose of liquidation. (9) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, in consultation with the Secretary of Labor and the Secretary of the Treasury. (10) State.--The term ``State'' includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, or any agency or instrumentality thereof. (11) Uncovered expenditures.--The term ``uncovered expenditures'' means the expenditures for the provision of health care services that are the obligation of a health maintenance organization that have not been paid by such organization and for which no alternative payment arrangements have been made. SEC. 3. ESTABLISHMENT OF HMO GUARANTY FUND. (a) In General.--There is established in the Treasury of the United States a fund to be known as the HMO Guaranty Fund to be used as provided for in this Act. (b) Amounts in Fund.-- (1) In general.--There shall be deposited into the Guaranty Fund-- (A) amounts collected under section 5(a); (B) penalties collected under section 5(b); and (C) earnings on investments of monies in the Guaranty Fund. (2) Investments.-- (A) In general.--The Secretary of the Treasury shall invest amounts in the Guaranty Fund that are not required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States. For such purpose, such obligations may be acquired on original issue at the issue price, or by purchase of outstanding obligations at the market price. (B) Availability of income.--Any interest derived from obligations held by the Guaranty Fund and the proceeds from any sale or redemption of such obligations, are hereby appropriated to the Fund. (c) Use of Guaranty Fund.--Subject to section 4, amounts in the Guaranty Fund shall be used to make payments to a State-- (1) to pay the outstanding health care provider claims for uncovered expenditures, and to fulfill contractual obligations to covered individuals, with respect to an insolvent health maintenance organization; and (2) to provide for a temporary continuation of health care coverage for covered individuals. (d) Board of Directors.-- (1) In general.--The Guaranty Fund shall be administered by a Board of Directors to be composed of 9 individuals of which-- (A) three directors shall be appointed by the National Association of Insurance Commissioners from among individuals who serve as insurance regulators of a State; (B) three directors shall be appointed by a national association which represents the health maintenance organization industry of all States (as determined by the Secretary) from among representatives of health maintenance organizations; and (C) three directors shall be-- (i) the Secretary of the Treasury, or the designee of the Secretary; (ii) the Secretary of Health and Human Services, or the designee of the Secretary; and (iii) the Secretary of Labor, or the designee of the Secretary. (2) Terms, vacancies.--The members of the Board shall establish the terms of service of the members of the Board appointed under subparagraphs (A) and (B) of paragraph (1). Any vacancy in the Board shall not affect its powers, and shall be filled in the same manner as the original appointment. (3) Compensation of members.-- (A) In general.--Except as provided in subparagraph (B), each member of the Board who is not an officer or employee of the Federal Government shall serve without compensation. All members of the Board 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 Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board. Such expenses shall be paid from the Guaranty Fund. (4) Voting.--Each member of the Board shall have 1 vote. The Board shall set policy and decide all matters by a simple majority of the votes cast. (5) Chairperson.--The Board shall elect a chairperson from among its members. (6) Meetings.--The Board shall first meet not later than 30 days after the date on which all members are appointed under paragraph (1). Subsequent meetings shall be at the call of the chairperson. The Board may hold public hearings after giving proper notice. (7) Fiduciary duty.--With respect to the members of the Board that are not appointed under paragraph (1)(A), in carrying out the duties of the Board such members shall have a fiduciary duty to the Guaranty Fund that shall supersede any duty to an employer or other special interest that the member may otherwise represent. (8) Limitations on liability.--A member of the Board shall not be liable, or in any way responsible, for the obligations of the Guaranty Fund. (e) Duties.--The Board shall-- (1) administer the Guaranty Fund; (2) adopt bylaws that permit the Board to enter into contracts to receive contributions and make distributions in accordance with this Act; (3) establish the application criteria and materials necessary to enable a State to submit an application to the Guaranty Fund; (4) review and make determination on applications received under section 4(b); and (5) carry out other activities in accordance with this Act. SEC. 4. EXPENDITURES FROM THE GUARANTY FUND. (a) In General.--The Guaranty Fund shall be used to make payments to a State to enable such State to pay the claims of health care providers for health care services provided to covered individuals prior to the declaration of insolvency of a health maintenance organization and to provide for a temporary continuation of health care coverage for such individuals. (b) Procedure.-- (1) In general.--Upon the declaration by a court of competent jurisdiction that a health maintenance organization is insolvent, the official responsible for regulating health insurance in the State in which the declaration is made may submit an application to the Guaranty Fund for payment under this Act. (2) Contents of application.--An application submitted by a State under paragraph (1) shall include the following: (A) Liquidation of assets and return of unused funds.--The application shall contain an accounting of amounts received (or expected to be received) as a result of the liquidation of the assets of the insolvent organization. (B) Fund amount.--The application shall contain a request for a specific amount of funds that will be used for the uncovered expenditures and contractual obligations of an insolvent organization. (C) Uncovered expenditures.--The application shall contain an estimate of the aggregate number of uncovered individuals and aggregate amount of uncovered expenditures with respect to the insolvent organization involved. (D) Continuation coverage.--The application shall contain an estimate of the aggregate amount of funds needed to provide continuation coverage to uncovered individuals. (c) Consideration by Board.--Not later than 30 days after the date on which the Guaranty Fund receives a completed application from a State under subsection (b), the Board shall make a determination with respect to payments to the States. (d) Limitation.--The aggregate amount that may be paid to a State under this section with respect to a single uncovered individual shall not exceed $300,000. (e) Use for Continuation Coverage.-- (1) In general.--A State may use amounts provided under this section to provide for the continuation of health care coverage for an uncovered individual through a health maintenance organization or other health care coverage that has been determined appropriate by the official responsible for regulating health insurance in the State in collaboration with the Board. (2) Limitation.--The period of continuation coverage with respect to an uncovered individual under paragraph (1) shall terminate on the earlier of-- (A) the date that is 1 year after the date on which the health maintenance organization was declared insolvent; or (B) or the date on which the contractual obligation of the health maintenance organization to the individual was to terminate. (f) Repayment of Funds.--The State shall repay to the Guaranty Fund an amount equal to-- (1) any amounts not utilized by the State on the date on which the liquidation of the insolvent organization is completed; and (2) any amounts recovered through liquidation that have not been accounted for in the application of the State under subsection (b)(2)(A). SEC. 5. CONTRIBUTIONS TO THE GUARANTY FUND. (a) Assessment on Health Maintenance Organizations.-- (1) In general.--Not later than January 1, 2001, and every 6 months thereafter, each health maintenance organization that is licensed by a State to provide health care coverage shall pay to the Guaranty Fund an amount to be determined in accordance with an assessment schedule to be established by the Secretary not later than 180 days after the date of enactment of this Act. (2) Deferment.--The Board, after consultation with the official responsible for regulating health insurance in the State involved may exempt, abate, or defer, in whole or in part, the assessment of a health maintenance organization under paragraph (1) if the organization demonstrates that the payment of the assessment would endanger the ability of the organization to fulfill its contractual obligations or place the organization in an unsound financial condition. (3) Prohibition.--A health maintenance organization shall not adjust the amount of premiums paid by enrollees to account for the assessment paid under paragraph (1). (b) Failure to Pay.--A health maintenance organization that fails to pay an assessment under subsection (a)(1) within 30 days after the date on which such assessment was to be paid shall be subject to a civil penalty in an amount not to exceed $1,000 per day. SEC. 6. STATE PREEMPTION. (a) In General.--Nothing in this Act shall be construed to preempt or supersede any provision of State law that establishes, implements, or continues in effect any standard or requirement relating to health maintenance organizations. (b) Definition.--In this section, the term ``State law'' means all laws, decisions, rules, regulations or other State actions that have the effect of law.

Requires each HMO that is licensed by a State to provide health care coverage to make biannual payments to the Guaranty Fund in accordance with an assessment schedule to be established by the Secretary of Health and Human Services. Permits deferrals or exemptions if an HMO demonstrates that payment of the assessment would endanger its ability to fulfill contractual obligations or place it in an unsound financial condition. Prescribes a civil penalty for failure to pay.

HMO Guaranty Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fox-Wisconsin Heritage Parkway National Heritage Area Act of 2010''. SEC. 2. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Fox-Wisconsin Heritage Parkway National Heritage Area established by section 3(a). (2) Local coordinating entity.--The term ``local coordinating entity'' means the local coordinating entity for the Heritage Area designated by section 3(d). (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area required under section 5(a). (4) Map.--The term ``map'' means the map included under section 5(b)(3)(H). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Wisconsin. SEC. 3. FOX-WISCONSIN HERITAGE PARKWAY NATIONAL HERITAGE AREA. (a) Establishment.--There is established in the State the Fox- Wisconsin Heritage Parkway National Heritage Area. (b) Boundaries.-- (1) In general.--The Heritage Area shall include-- (A) the area included in Appendix A, Map 1 of the feasibility study submitted by the local coordinating entity, which includes approximately 1,444 square miles of land in 15 counties in central and southeastern Wisconsin, including Brown, Calumet, Columbia, Crawford, Dane, Fond du Lac, Grant, Green Lake, Iowa, Marquette, Outagamie, Richland, Sauk, Waushara, and Winnebago counties; and (B) any contributing sites, buildings, and districts within the area described in subparagraph (A) that are recommended for inclusion in the Heritage Area by the management plan. (2) Revisions.--The boundaries of the Heritage Area may be revised if the revisions are-- (A) proposed in the management plan developed for the Heritage Area; (B) depicted on the map; and (C) approved by the Secretary in accordance with this Act. (c) Map.--The map shall be available for public inspection in the appropriate offices of-- (1) the National Park Service; and (2) the local coordinating entity. (d) Local Coordinating Entity.--The local coordinating entity for the Heritage Area shall be the Fox-Wisconsin Heritage Parkway, a nonprofit organization established in the State. SEC. 4. ADMINISTRATION. (a) Authorities.--To carry out the management plan, the Secretary, acting through the local coordinating entity, may use amounts made available under this Act-- (1) to make grants to the State (including any political subdivision of the State), nonprofit organizations, and other individuals; (2) to enter into cooperative agreements with, or provide technical assistance to, the State (including any political subdivision of the State), nonprofit organizations, and other interested parties; (3) to hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resource protection, and heritage programming; (4) to obtain funds or services from any source, including funds or services that are provided under any other Federal law or program; (5) to enter into contracts for goods or services; and (6) to serve as a catalyst for any other activity that-- (A) furthers the purposes and goals of the Heritage Area; and (B) is consistent with the approved management plan. (b) Duties.--The local coordinating entity shall-- (1) in accordance with section 5, prepare and submit to the Secretary a management plan for the Heritage Area; (2) assist units of local government, regional planning organizations, and nonprofit organizations in carrying out the approved management plan by-- (A) carrying out programs and projects that recognize, protect, and enhance important resource values located in the Heritage Area; (B) establishing and maintaining interpretive exhibits and programs in the Heritage Area; (C) developing recreational and educational opportunities in the Heritage Area; (D) increasing public awareness of, and appreciation for, the natural, historical, scenic, and cultural resources of the Heritage Area; (E) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with Heritage Area themes; (F) ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest, are posted throughout the Heritage Area; and (G) promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area; (3) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan; (4) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan; (5) for any year for which Federal funds have been received under this Act-- (A) submit an annual report to the Secretary that describes the activities, expenses, and income of the local coordinating entity (including grants to any other entities during the year that the report is made); (B) make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and (C) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and (6) encourage by appropriate means economic viability that is consistent with the Heritage Area. (c) Prohibition on the Acquisition of Real Property.--The local coordinating entity shall not use Federal funds made available under this Act to acquire real property or any interest in real property. SEC. 5. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of enactment of this Act, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area. (b) Requirements.--The management plan shall-- (1) incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, educational, and recreational resources of the Heritage Area; (2) take into consideration State and local plans; (3) include-- (A) an inventory of the resources located in the Heritage Area; (B) comprehensive policies, strategies, and recommendations for conservation, funding, management, and development of the Heritage Area; (C) a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, cultural, historic, scenic, educational, and recreational resources of the Heritage Area; (D) a program of implementation for the management plan by the local coordinating entity that includes a description of-- (i) actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and (ii) specific commitments for implementation that have been made by the local coordinating entity or any government, organization, or individual for the first 5 years of operation; (E) the identification of sources of funding for carrying out the management plan; (F) analysis and recommendations for means by which local, State, and Federal programs, including the role of the National Park Service in the Heritage Area, may best be coordinated to carry out this Act; (G) an interpretive plan for the Heritage Area; and (H) a map of the Heritage Area; and (4) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, cultural, historic, scenic, educational, and recreational resources of the Heritage Area. (c) Deadline.--If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the local coordinating entity shall be ineligible to receive additional funding under this Act until the date on which the Secretary approves a management plan. (d) Approval or Disapproval of Management Plan.-- (1) In general.--Not later than 180 days after the date of receipt of the management plan under subsection (a), the Secretary, in consultation with the State, shall approve or disapprove the management plan. (2) Criteria for approval.--In determining whether to approve the management plan, the Secretary shall consider whether-- (A) the local coordinating entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (B) the local coordinating entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and (C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, cultural, historic, scenic, educational, and recreational resources of the Heritage Area. (3) Action following disapproval.--If the Secretary disapproves the management plan under paragraph (1), the Secretary shall-- (A) advise the local coordinating entity in writing of the reasons for the disapproval; (B) make recommendations for revisions to the management plan; and (C) not later than 180 days after the date of receipt of any proposed revision of the management plan from the local coordinating entity, approve or disapprove the proposed revision. (4) Amendments.-- (A) In general.--The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines would make a substantial change to the management plan. (B) Use of funds.--The local coordinating entity shall not use Federal funds authorized to be appropriated by this Act to carry out any amendments to the management plan until the Secretary has approved the amendments. SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. (a) In General.--Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law (including regulations). (b) Consultation and Coordination.--To the maximum extent practicable, the head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity. (c) Other Federal Agencies.--Nothing in this Act-- (1) modifies, alters, or amends any law (including any regulation) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. Nothing in this Act-- (1) abridges the rights of any public or private property owner, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner-- (A) to permit public access (including access by Federal, State, tribal, or local agencies) to the property of the property owner; or (B) to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, or local agency; (4) conveys any land use or other regulatory authority to the local coordinating entity; (5) authorizes or implies the reservation or appropriation of water or water rights; (6) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (7) creates any liability, or affects any liability under any other law (including regulations), of any private property owner with respect to any individual injured on the private property. SEC. 8. EVALUATION; REPORT. (a) In General.--Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall-- (1) conduct an evaluation of the accomplishments of the Heritage Area; and (2) prepare a report in accordance with subsection (c). (b) Evaluation.--An evaluation conducted under subsection (a)(1) shall-- (1) assess the progress of the local coordinating entity with respect to-- (A) accomplishing the purposes of this Act for the Heritage Area; and (B) achieving the goals and objectives of the approved management plan for the Heritage Area; (2) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (3) review the management structure, partnership relationships, and funding of the Heritage Area to identify the critical components for sustainability of the Heritage Area. (c) Report.-- (1) In general.--Based on the evaluation conducted under subsection (a)(1), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. (2) Required analysis.--If the report prepared under paragraph (1) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of-- (A) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (B) the appropriate time period necessary to achieve the recommended reduction or elimination. (3) Submission to congress.--On completion of the report, the Secretary shall submit the report to-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. SEC. 9. FUNDING. (a) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year. (b) Availability.--Amounts made available under subsection (a) shall remain available until expended. (c) Cost-Sharing Requirement.-- (1) In general.--The Federal share of the cost of any activity carried out using any assistance made available under this Act shall be not more than 50 percent. (2) Non-federal share.--The non-Federal share-- (A) shall be from non-Federal sources; and (B) may be in the form of in-kind contributions of goods or services fairly valued. SEC. 10. TERMINATION OF AUTHORITY. The authority of the Secretary to provide assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act.

Fox-Wisconsin Heritage Parkway National Heritage Area Act of 2010 - Establishes the Fox-Wisconsin Heritage Parkway National Heritage Area in Wisconsin. Designates the Fox-Wisconsin Heritage Parkway as the local coordinating entity for the Heritage Area. Requires the Fox-Wisconsin Heritage Parkway to prepare and submit a management plan for the Heritage Area. Sets forth requirements for the approval or disapproval of the management plan.

To establish the Fox-Wisconsin Heritage Parkway National Heritage Area, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Integrated Public Alert and Warning System Modernization Act of 2008''. SEC. 2. FINDINGS. Congress finds that-- (1) numerous technologies exist to enable the Federal Government to vastly enhance its public alert and warning system; (2) the potential benefits of these enhancements include-- (A) greater security, survivability, and redundancy of the system; (B) an improved ability to notify remote locations; (C) the ability to geographically target and deliver alerts and warnings to multiple devices; and (D) the ability to allow individuals to request specific alerts and warnings; (3) a modern, integrated public alert and warning system will better enable government officials to provide civilian populations with timely and effective warnings of disasters, such as the devastating tornados and floods in the Midwest in 2008; and (4) the Federal Government should modernize its alert and warning system to improve its ability to alert the residents of the United States of all potential hazards under all conditions. SEC. 3. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION. (a) In General.--Section 202 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5132) is amended by adding at the end the following: ``(e) Integrated Public Alert and Warning System Modernization.-- ``(1) In general.--In order to provide timely and effective disaster warnings under this section, the President, acting through the Director of the Federal Emergency Management Agency, shall-- ``(A) modernize the integrated public alert and warning system of the United States (in this section referred to as the `public alert and warning system') to ensure that the President under all conditions can alert and warn governmental authorities and the civilian population in areas endangered by disasters; and ``(B) implement the public alert and warning system. ``(2) Implementation requirements.--In carrying out paragraph (1), the Director shall-- ``(A) assign to the National Continuity Programs Directorate, or its successor, responsibility for advising the Director on the modernization and implementation of the public alert and warning system; ``(B) establish or adopt, as appropriate, common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system; ``(C) include in the public alert and warning system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences, as appropriate; ``(D) include in the public alert and warning system the capability to alert and warn individuals with disabilities and individuals with limited English proficiency; and ``(E) ensure the conduct of training, tests, and exercises for the public alert and warning system. ``(3) System requirements.--The public alert and warning system shall-- ``(A) incorporate multiple communications technologies; ``(B) be designed to adapt to, and incorporate, future technologies for communicating directly with the public; ``(C) be designed to provide alerts to the largest portion of the affected population feasible and improve the ability of remote areas to receive alerts; ``(D) promote local and regional public and private partnerships to enhance community preparedness and response; and ``(E) provide redundant alert mechanisms where practicable so as to reach the greatest number of people regardless of whether they have access to, or utilize, any specific medium of communication or any particular device. ``(4) Pilot programs.-- ``(A) In general.--The Director shall conduct pilot programs for the purpose of demonstrating the feasibility of using a variety of methods for achieving the system requirements specified in paragraph (3). ``(B) Report.--Not later than 6 months after the date of enactment of this subsection, and annually thereafter for the duration of the pilot programs, the Director shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing-- ``(i) a description and assessment of the effectiveness of the pilot programs; ``(ii) any recommendations of the Director for additional authority to continue the pilot programs or make any of the programs permanent; and ``(iii) any other findings and conclusions of the Director with respect to the pilot programs. ``(5) Implementation plan.--Not later than 6 months after the date of enactment of this subsection, the Director shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a detailed plan for implementing this subsection. The plan shall include a timeline for implementation, a spending plan, and recommendations for any additional authority that may be necessary to fully implement this subsection. ``(6) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $37,000,000 for fiscal year 2009 and such sums as may be necessary for each fiscal year thereafter.''. (b) Limitation on Statutory Construction.--Nothing in this Act (including the amendment made by this Act) shall be construed to affect the authority of the Department of Commerce or the Federal Communications Commission.

Integrated Public Alert and Warning System Modernization Act of 2008 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the President, acting through the Director of the Federal Emergency Management Agency (FEMA), to: (1) modernize and implement the integrated U.S. public alert and warning system to ensure that the President can alert governmental authorities and the civilian population in areas endangered by disasters under all conditions; (2) assign to the National Continuity Programs Directorate responsibility for advising on system modernization and implementation; (3) establish or adopt common alerting and warning protocols, standards, terminology, and operating procedures; (4) include in such system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences and to alert individuals with disabilities or limited English proficiency; and (5) ensure the conduct of training, tests, and exercises. Requires the system to: (1) incorporate multiple communications technologies; (2) be designed to adapt to and incorporate future technologies for communicating directly with the public; (3) be designed to provide alerts to the largest portion of the affected population feasible and improve the ability of remote areas to receive alerts; (4) promote local and regional partnerships to enhance community preparedness and response; and (5) provide redundant alert mechanisms. Requires the Director to conduct pilot programs to demonstrate the feasibility of using a variety of methods for achieving system requirements.

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the President to modernize the integrated public alert and warning system of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Choice Act of 2007''. SEC. 2. REPEAL OF ALTERNATIVE MINIMUM TAX FOR NONCORPORATE TAXPAYERS. (a) In General.--Section 55(a) of the Internal Revenue Code of 1986 (relating to alternative minimum tax imposed) is amended by adding at the end the following new flush sentence: ``In the case of a taxpayer other than a corporation, no tax shall be imposed by this section for any taxable year beginning after December 31, 2006, and the tentative minimum tax of any taxpayer other than a corporation for any such taxable year shall be zero for purposes of this title.''. (b) Conforming Amendments.-- (1) Section 26(c) of such Code is amended by striking ``the term `tentative minimum tax' means the amount determined under section 55(b)(1)'' and inserting ``the tentative minimum tax is zero.''. (2) Section 911(f)(2) of such Code is amended to read as follows: ``(2) the tentative minimum tax under section 55 for the taxable year shall be zero.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 3. SIMPLIFIED INDIVIDUAL INCOME TAX SYSTEM. (a) In General.--Part I of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to tax on individuals) is amended by redesignating section 5 as section 6 and by inserting after section 4 the following new section: ``SEC. 5. SIMPLIFIED INDIVIDUAL INCOME TAX SYSTEM. ``(a) Election.-- ``(1) In general.--A taxpayer other than a corporation may elect in accordance with this subsection to be subject to the tax imposed by this section in lieu of the tax imposed by section 1 for a taxable year and all subsequent taxable years. ``(2) Effect of election.--For purposes of this title, if an election is in effect under paragraph (1) for any taxable year, the tax imposed by this section shall be treated as the tax imposed by section 1 for the taxable year. ``(3) Election.-- ``(A) In general.-- ``(i) In general.--Except as provided in clause (ii) of this subparagraph and clauses (ii) and (iii) of subparagraph (B), the election under paragraph (1) may only be made with respect to any taxable year beginning before January 1, 2017, on a timely filed return for the first taxable year for which the election applies. ``(ii) New taxpayers.--In the case of an individual with no tax liability under this title before January 1, 2017, the election under paragraph (1) may only be made for the first taxable year beginning after December 31, 2016, for which such individual has tax liability under this title. ``(B) Effect of election.-- ``(i) In general.--Except as provided in clauses (ii) and (iii), the election under paragraph (1), once made, shall be irrevocable. ``(ii) One-time revocation of election.--A taxpayer may revoke an election under paragraph (1) for a taxable year and all subsequent taxable years. The preceding sentence shall not apply if the taxpayer has made a revocation under such sentence for any prior taxable year. ``(iii) Filing status changes due to major life events.--In the case of any major life event described in clause (iv), a taxpayer may make an election under paragraph (1) or revoke such an election under clause (ii). Any such election or revocation shall apply for the taxable year for which made and all subsequent taxable years until the taxpayer makes an election under the preceding sentence for any subsequent (and all succeeding) taxable year. ``(iv) Major life event.--For purposes of clause (iii), a major life event described in this clause is marriage, divorce, and death. ``(b) Tax Imposed.-- ``(1) Married individuals and surviving spouses.--In the case of a taxpayer for whom an election under subsection (a) is in effect and who is a married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013 or a surviving spouse (as defined in section 2(a)), there is hereby imposed on the alternative taxable income of such individual a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $100,000.............. 10% of alternative taxable income. Over $100,000.................. $10,000, plus 25% of the excess over $100,000. ``(2) Unmarried individuals (other than surviving spouses).--In the case of a taxpayer for whom an election under subsection (a) is in effect and who is not described in paragraph (1), there is hereby imposed on the alternative taxable income of such individual a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $50,000............... 10% of alternative taxable income. Over $50,000................... $5,000, plus 25% of the excess over $50,000. ``(c) Maximum of Tax on Net Capital Gain of Noncorporate Taxpayers.--If a taxpayer has a net capital gain for the taxable year, the tax imposed by subsection (b) for such taxable year shall not exceed the sum of-- ``(1) the amount determined under subsection (b) computed at the rate and in the same manner as if this paragraph had not been enacted on modified taxable income reduced by the lesser of-- ``(A) the net capital gain, or ``(B) the adjusted net capital gain, plus ``(2) 5 percent (0 percent in the case of taxable years beginning after 2007) of so much of the adjusted net capital gain (or, if less, modified taxable income) as does not exceed an amount equal to the excess described in section 1(h)(1)(B), plus ``(3) 15 percent of the adjusted net capital gain (or, if less, modified taxable income) in excess of the amount on which tax is determined under paragraph (2). Terms used in this paragraph which are also used in section 1(h) shall have the respective meanings given such terms by section 1(h) but computed with the adjustments under this section. ``(d) Alternative Taxable Income.--For purposes of this section-- ``(1) In general.--The term `alternative taxable income' means-- ``(A) gross income, minus ``(B) the sum of-- ``(i) the personal exemption, ``(ii) the dependent allowance, plus ``(iii) the alternative standard deduction. ``(2) Personal exemption.--The personal exemption is-- ``(A) 200 percent of the dollar amount in effect under subparagraph (B) in the case of-- ``(i) a joint return, or ``(ii) a surviving spouse (as defined in section 2(a)), and ``(B) $3,500 in the case of an individual-- ``(i) who is not married and is not a surviving spouse, or ``(ii) who is a married individual filing a separate return. ``(3) Dependent allowance.--The dependent allowance is $3,500 for each dependent (as defined in section 152). ``(4) Alternative standard deduction.--The alternative standard deduction means-- ``(A) $25,000 in the case of-- ``(i) a joint return, or ``(ii) a surviving spouse (as defined in section 2(a)), and ``(B) $12,500 in the case of an individual-- ``(i) who is not married and is not a surviving spouse, or ``(ii) who is a married individual filing a separate return. ``(e) Inflation Adjustments.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 2007, each of the dollar amounts for the rate brackets in subsection (b) and each of the dollar amounts in subsection (d)(2)(B), (d)(3), and (d)(4) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.''. (b) Conforming Amendment.--The table of sections for part I of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 5 and inserting after the item relating to section 4 the following: ``Sec. 5. Simplified Individual Income Tax System. ``Sec. 6. Cross references relating to tax on individuals.''. (c) Capital Gains and Dividends Rate Made Permanent.--The Jobs and Growth Tax Relief Reconciliation Act of 2003 is amended by striking section 303. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006.

Taxpayer Choice Act of 2007 - Amends the Internal Revenue Code to: (1) repeal the alternative minimum tax on individual taxpayers after 2006; and (2) allow taxpayers to elect an alternative income tax system. Makes permanent the capital gains and dividends rate reductions enacted by the Jobs and Growth Tax Relief Reconciliation Act of 2001.

To amend the Internal Revenue Code of 1986 to repeal the alternative minimum tax on individuals and replace it with an alternative tax individuals may choose.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Coalitions for Access and Quality Improvement Act of 2009''. SEC. 2. PURPOSE. The purpose of this Act is to provide assistance to community health coalitions as described in section 3(b) with a clearly defined local need to increase access to and improve the quality of health care services through activities which-- (1) develop or strengthen coordination of services to allow all individuals, including the uninsured and low-income, to receive efficient and higher quality care and to gain entry into and receive services from a comprehensive system of medical, dental, pharmaceutical, and behavioral health care; (2) develop efficient and sustainable infrastructure for a health care delivery system characterized by effective collaboration, information sharing, and clinical and financial coordination among all types of providers of care in the community; and (3) develop or strengthen activities related to providing coordinated care for individuals with chronic conditions. SEC. 3. GRANTS TO STRENGTHEN THE EFFECTIVENESS, EFFICIENCY, AND COORDINATION OF SERVICES. (a) In General.--The Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') shall award grants to assist in the development of integrated health care delivery systems to serve defined communities of individuals-- (1) to improve the efficiency of and coordination among the providers providing services through such systems; (2) to assist local communities in developing programs targeted toward preventing and managing chronic diseases; and (3) to expand and enhance the services provided through such systems. (b) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall be an entity that-- (1) represents a balanced consortium-- (A) whose principal purpose is to ensure the sustainable capacity for the provision of a broad range of coordinated services for all residents within a community defined in the entity's grant application as described in paragraph (2); and (B) that includes at least one of each of the following providers that serve the community (unless such provider does not exist within the community, declines or refuses to participate, or places unreasonable conditions on their participation)-- (i) a federally qualified health center (as defined in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa))); (ii) rural health clinics and rural health networks (as defined in sections 1861(aa) and 1820(d) of the Social Security Act, respectively (42 U.S.C. 1395x(aa), 1395i- 4(d))); (iii) a hospital with a low-income utilization rate that is greater than 25 percent (as defined in section 1923(b)(3) of the Social Security Act (42 U.S.C. 1396r- 4(b)(3))) or a critical access hospital (as defined in section 1820(c)(2) of the Social Security Act (42 U.S.C. 1395i-4(c)(2))); (iv) a public health department; and (v) an interested public or private sector health care provider or an organization that has traditionally served the medically uninsured and low-income individuals; and (2) submits to the Secretary an application, in such form and manner as the Secretary shall prescribe, that-- (A) clearly defines the community to be served; (B) identifies the providers who will participate in the community coalition under the grant and specifies each provider's contribution to the care of individuals in the community; (C) describes the activities that the applicant and the community coalition propose to perform under the grant to further the objectives of this section; (D) demonstrates that it is an established coalition with ability to build on the current system for serving the community by involving providers who have traditionally provided a significant volume of care for uninsured and low-income individuals for that community; (E) demonstrates the coalition's ability to develop coordinated systems of care that either directly provide or ensure the prompt provision of a broad range of high-quality, accessible services, including, as appropriate, primary, secondary, and tertiary services as well as pharmacy, substance abuse, behavioral health and oral health services, in a manner that ensures continuity of care in the community; (F) provides evidence of community involvement, including the business community, in the development, implementation, and direction of the system of care that the coalition proposes to ensure; (G) demonstrates the coalition's ability to ensure that participating individuals are enrolled in health care coverage programs, both public and private, for which the individuals are eligible; (H) presents a plan for leveraging other sources of revenue, which may include State and local sources and private grant funds, and integrating current and proposed new funding sources in a manner to ensure long-term sustainability of the system of care; (I) describes a plan for evaluation of the activities carried out under the grant, including measurement of progress toward the goals and objectives of the program and the use of evaluation findings to improve system performance; (J) demonstrates fiscal responsibility through the use of appropriate accounting procedures and management systems; (K) demonstrates commitment to serve the community without regard to the ability of an individual or family to pay by arranging for or providing free or reduced charge care for the poor; and (L) includes such other information as the Secretary may prescribe. (c) Limitations.-- (1) In general.--An eligible entity may receive a grant under this section for 3 consecutive fiscal years and may receive such a grant award for 2 additional years if-- (A) the eligible entity submits to the Secretary a request for a grant for such additional years; (B) the Secretary determines that current performance justifies the granting of such a request; and (C) the Secretary determines that granting such request is necessary to further the objectives described in subsection (a). (d) Priorities.--In awarding grants under this section, the Secretary-- (1) may accord priority to applicants that demonstrate the greatest extent of unmet need in the community for a more coordinated system of care; and (2) shall accord priority to applicants that best promote the objectives of this section, taking into consideration the extent to which the applicant-- (A) identifies a community whose geographical area has a high or increasing percentage of individuals who are uninsured or low-income; (B) demonstrates that the applicant has included in its community coalition providers, support systems, and programs that have a tradition of serving individuals and families in the community who are uninsured or earn below 200 percent of the Federal poverty level; (C) shows evidence that the proposed coalition activities would expand utilization of preventive and primary care services for uninsured and underinsured individuals and families in the community, including pharmaceuticals, behavioral and mental health services, oral health services, or substance abuse services; (D) proposes approaches that would improve coordination between health care providers and appropriate social service providers; (E) demonstrates collaboration with State and local governments; (F) demonstrates that the applicant makes use of non-Federal contributions to the greatest extent possible; or (G) demonstrates likelihood that the proposed activities will lead to sustainable integrated delivery system as additional efforts of health systems development evolve. (e) Use of Funds.-- (1) Use by grantees.-- (A) In general.--Except as provided in paragraphs (2) and (3), a grantee may use amounts provided under this section only for-- (i) direct expenses associated with achieving the greater integration of a health care delivery system so that the system either directly provides or ensures the provision of a broad range of culturally competent services, including as appropriate primary, secondary, and tertiary care and oral health, substance abuse, behavioral and mental health, and pharmaceutical services; and (ii) direct patient care and service expansions to fill identified or documented gaps within an integrated delivery system. (B) Specific uses.--The following are examples of purposes for which a grantee may use grant funds under this section, when such use meets the conditions stated in subparagraph (A): (i) Increases in outreach activities and closing gaps in health care service, including referral to specialty services and prescription drugs and conducting ongoing outreach to health disparity populations. (ii) Improvements to care management and delivery of patient-centered care, including patient navigation services. (iii) Improvements to coordination of transportation to health care facilities. (iv) Development of provider networks and other innovative models to engage physicians in voluntary efforts to serve the medically underserved within a community. (v) Recruitment, training, and compensation of necessary personnel. (vi) Coordinate the acquisition or interconnected use of technology within a community for the purpose of coordinating care and improving provider communication, including implementation of shared information systems or shared clinical systems to improve the quality of health care. (vii) Development of common processes such as mechanisms for determining eligibility for the programs provided through the system, common identification cards, sliding scale discounts, and monitoring and tracking of outcomes. (viii) Development of specific prevention and disease management tools and processes. (ix) Language access services. (x) Facilitating the involvement of community organizations to provide better access to high-quality health care services to individuals at risk for or who have chronic diseases or cancer. (xi) Helping patients overcome barriers within the health care system to ensure prompt diagnostic and treatment resolution of an abnormal finding of cancer or chronic disease. (2) Direct patient care limitation.--Not more than 20 percent of the funds provided under a grant awarded under this section may be used for providing direct patient care and services. (3) Reservation of funds for national program purposes.-- The Secretary may use not more than 7 percent of funds appropriated to carry out this section for providing technical assistance to grantees, obtaining assistance of experts and consultants, holding meetings, developing of tools, disseminating of information, and evaluation. (f) Reporting by Grantee.--A grantee under this section shall report to the Secretary annually regarding-- (1) progress in meeting the goals and measurable objectives set forth in the grant application submitted by the grantee under subsection (b); and (2) the extent to which activities conducted by such grantee have-- (A) improved the effectiveness, efficiency, and coordination of services for uninsured and low-income individuals in the community served by such grantee, using commonly accepted outcome measures; (B) resulted in the provision of better quality health care for individuals and families in the community served; and (C) resulted in the provision of health care to such individuals at lower cost than would have been possible in the absence of the activities conducted by such grantee. (g) Maintenance of Effort.--With respect to activities for which a grant under this section is authorized, the Secretary may award such a grant only if the applicant and each of the participating providers agree that the grantee and each such provider will maintain its expenditures of non-Federal funds for such activities at a level that is not less then the level of such expenditures during the fiscal year immediately preceding the fiscal year for which the applicant is applying to receive such grant. (h) Technical Assistance.--The Secretary may provide any entity that receives a grant under this section with technical and other nonfinancial assistance necessary to meet the requirements of this section. The Secretary may choose to provide such assistance by awarding a grant to, or entering into a contract with, a State or national not-for-profit organization with expertise in building successful community coalitions. (i) Evaluation of Program.--Not later than September 30, 2014, the Secretary shall prepare and submit to the appropriate committees of Congress a report that describes the extent to which projects funded under this section have been successful in improving the effectiveness, efficiency, and coordination of services in the communities served by such projects, including whether the projects resulted in the provision of better quality health care for such individuals, and whether such care was provided at lower costs than would have been provided in the absence of such projects. (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $75,000,000 for fiscal year 2010; (2) $100,000,000 for fiscal year 2011; (3) $125,000,000 for fiscal year 2012; (4) $150,000,000 for fiscal year 2013; and (5) $175,000,000 for fiscal year 2014.

Community Coalitions for Access and Quality Improvement Act of 2009 - Directs the Secretary of Health and Human Services to award grants to assist in developing integrated health care delivery systems to serve defined communities of individuals to: (1) improve efficiency and coordination among providers; (2) assist local communities in developing programs targeted toward preventing and managing chronic diseases; and (3) expand and enhance services provided. Authorizes the Secretary, in awarding grants, to accord priority to: (1) applicants that demonstrate the greatest unmet need for a more coordinated system of care; and (2) applicants that best promote the objectives of this Act. Authorizes a grantee to use amounts provided only for: (1) direct expenses associated with achieving greater integration of a health care delivery system to directly provide or ensure the provision of a broad range of culturally competent services; and (2) direct patient care and service expansions to fill identified or documented gaps within an integrated delivery system.

A bill to authorize the Secretary of Health and Human Services to make grants to community health coalitions to assist in the development of integrated health care delivery, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Closing the Pre-Paid Mobile Device Security Gap Act of 2016''. SEC. 2. IDENTIFICATION REQUIREMENT. Prior to the completion of any sale of a pre-paid mobile device or SIM card to a purchaser, an authorized reseller shall require the purchaser to provide the following information: (1) The full name of the purchaser. (2) The complete home address of the purchaser. (3) The date of birth of the purchaser. SEC. 3. IDENTIFICATION VERIFICATION. (a) In-Person Sales.--An authorized reseller making a sale to a purchaser in person shall verify the purchaser information provided under section 2 by requiring the purchaser to display either of the following: (1) A photographic identification card issued by the Federal Government or a State government, or a document considered acceptable for purposes of subparagraph (B), (C), or (D) of section 274A(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)(1)). (2) Any 2 of the following: (A) A Form W-2 Wage and Tax Statement received from the Internal Revenue Service, provided that such form has been received from the Internal Revenue Service within the prior 18 months. (B) A Form 1099 Social Security Benefit Statement received from the Social Security Administration, provided that such form has been received from the Social Security Administration within the prior 18 months. (C) A Form 1099 received from any other agency of the Federal Government other than the Social Security Administration, including the Internal Revenue Service, provided that such form has been received within the prior 18 months. (D) Any document containing personal identifying information that the Attorney General finds, by regulation, to be acceptable for purposes of this section. (b) Other Sales.--An authorized reseller making a sale to a purchaser not in person shall verify the purchaser information provided under section 2 by requiring the purchaser to submit the following information: (1) Valid credit or debit card account information. (2) Social Security number. (3) Driver's license number. (4) Any other personal identifying information that the Attorney General finds, by regulation, to be necessary for purposes of this section. SEC. 4. RECORD MAKING REQUIREMENT. Upon completion of a sale of a pre-paid mobile device or SIM card, an authorized reseller shall make a record of the sale that includes the following information: (1) The information obtained from the purchaser under section 2, and, if applicable, the information submitted by the purchaser under subsection (b) of section 3. (2) The date of sale. (3) The manufacturer of the pre-paid mobile device or SIM card. (4) The wireless carrier that will provide wireless communication service to the pre-paid mobile device or SIM card. (5) Any assigned telephone number or other subscriber or account identifier known at the time of purchase. (6) Any of the following, if applicable to the pre-paid mobile device or SIM card: (A) International mobile equipment identifier number. (B) Electronic serial number. (C) Mobile equipment identifier. (D) International mobile subscriber identifier. (E) Machine address code. SEC. 5. RECORD TRANSMISSION REQUIREMENT. (a) In General.--Not later than 30 days after the sale of a pre- paid mobile device or SIM card, an authorized reseller shall transmit the record of the sale made in accordance with section 4 to the wireless carrier that will provide wireless communication service to the pre-paid mobile device or SIM card. (b) Permissible Means of Transmission.--In complying with the requirements of subsection (a), an authorized reseller may transmit the sale record to the wireless carrier by means of secure electronic transmission. SEC. 6. RECORDKEEPING REQUIREMENT. After an authorized reseller has transmitted a sale record to a wireless carrier in accordance with section 5, the wireless carrier shall-- (1) provide a transmission confirmation receipt to the authorized reseller, after the receipt of which the authorized reseller shall dispose promptly of any retained copy of the record; and (2) retain the transmitted sale record in accordance with the privacy protections of section 222 of the Communications Act of 1934 (47 U.S.C. 222) for a period of 18 months or until the wireless carrier stops or otherwise discontinues providing service to the pre-paid mobile device or SIM card to which the sale record relates. SEC. 7. PENALTIES. (a) False or Misleading Statements.--A purchaser who knowingly provides false or misleading information when providing the identifying information and documents required under sections 2 and 3 shall be fined under title 18, United States Code, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331 of such title), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591 of such title, then the term of imprisonment imposed under this section shall be not more than 8 years. (b) Failure To Comply.-- (1) In general.--The Attorney General shall assess, against an authorized reseller or wireless carrier who commits an offense under this Act, a civil penalty of $50 for each such offense. (2) Separate offense.-- (A) By authorized reseller.--The failure of an authorized reseller, with respect to each separate sale of a pre-paid mobile device or SIM card, to request purchaser identification under section 2, to verify identification under section 3, to make a record under section 4, and to transmit a record under section 5, shall constitute a separate offense. (B) By wireless carrier.--The failure of a wireless carrier, with respect to each separate sale of a pre- paid mobile device or SIM card for which the carrier receives the sale record transmitted under section 5, to provide a transmission confirmation receipt under section 6(1), and to retain the sale record under section 6(2), shall constitute a separate offense. (3) Rule of construction.--Nothing in this section may be construed to-- (A) hold a wireless carrier liable for an offense under this Act committed by an authorized reseller; and (B) hold an authorized reseller liable for an offense under this Act committed by a wireless carrier. SEC. 8. RELATED OFFENSES. (a) Sale by Unauthorized Resellers.-- (1) In general.--It shall be unlawful for any person who is not an authorized reseller to sell a pre-paid mobile device or SIM card. (2) Penalty.--Whoever knowingly violates paragraph (1) shall be imprisoned for not more than 2 years or fined under title 18, United States Code, or both. (3) Notice.--The Attorney General shall make rules requiring a manufacturer or authorized reseller to notify a purchaser of a mobile device or SIM card of the offense and penalty established by this section. (b) Commission of Other Crimes.--If a person knowingly uses a pre- paid mobile device or SIM card obtained by providing false or misleading information in violation of section 2 or 3 to commit a Federal criminal offense, the minimum term of imprisonment for such offense that is required under Federal statute (if any such minimum term is so required) shall be increased by 1 year. SEC. 9. PRESERVATION OF STATE LAW. Nothing in this Act is intended to preempt additional State requirements with respect to the distribution and sale of mobile devices or SIM cards, or to otherwise prevent or prohibit any State from enacting any such requirements. SEC. 10. DEFINITIONS. In this Act: (1) Authorized reseller.--The term ``authorized reseller'' means any person authorized by-- (A) a manufacturer to sell the manufacturer's mobile devices or SIM cards; or (B) a wireless carrier to sell pre-paid mobile devices or SIM cards to which the wireless carrier will provide wireless communication service. (2) Pre-paid mobile device.--The term ``pre-paid mobile device'' means any cellular phone or similar wireless communication device for which the mobile device user purchases a set allotment of wireless communication service. (3) SIM card.--The term ``SIM card'' means a subscriber identity module or functionally equivalent data storage device. (4) Wireless carrier.--The term ``wireless carrier'' means a provider of wireless communication service. (5) Wireless communication service.--The term ``wireless communication service'' means commercial mobile service (as defined in section 332 of the Communications Act of 1934 (47 U.S.C. 332)) or commercial mobile data service (as defined in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401)).

Closing the Pre-Paid Mobile Device Security Gap Act of 2016 This bill requires authorized resellers of pre-paid mobile devices or SIM cards to require purchasers to provide their name, home address, and date of birth. For in-person sales, an authorized reseller must require purchasers to display for verification: (1) a government-issued photographic identification card or a document acceptable under the Immigration and Nationality Act for employment authorization or establishing identity; and (2) any two of a Form W-2 Wage and Tax Statement from the Internal Revenue Service, a Form 1099 Social Security Benefit Statement or a Form 1099 from another federal agency, or a document containing personal identifying information that the Department of Justice (DOJ) finds to be acceptable. For all other sales, an authorized reseller must require purchasers to submit their: (1) credit or debit card account information, (2) Social Security number, (3) driver's license number, and (4) any personal identifying information that DOJ finds to be necessary. Authorized resellers must make a record of their sales that includes: (1) the information obtained from purchasers to verify their identity; (2) the date of sale; (3) the manufacturer and the wireless carrier of the device or SIM card; (4) any assigned telephone number or other identifier of the subscriber or account; and (5) if applicable, the international mobile equipment identifier number, electronic serial number, mobile equipment identifier, international mobile subscriber identifier, and machine address code. Within 30 days after a sale, an authorized reseller must transmit such record to the wireless carrier for the device or SIM card. Purchasers are subject to criminal penalties for providing false or misleading identifying information or documents. A civil penalty is established for authorized resellers or wireless carriers who fail to comply with this Act. The bill also prohibits and establishes criminal penalties for the sale of a pre-paid mobile device or SIM card by a person who is not an authorized reseller.

Closing the Pre-Paid Mobile Device Security Gap Act of 2016

SECTION 1. NOTICE OF HIGH CONCENTRATION OF PENSION ASSETS IN EMPLOYER SECURITIES. (a) In General.--Section 105 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1025) in amended by adding at the end of the following new subsection: ``(e) Notice of High Concentration of Plan Assets In Employer Securities.-- ``(1) In general.--In the case of an individual account plan to which this subsection applies, if the percentage of assets in the individual account that consists of employer securities and employer real property exceeds 50 percent of the total account, the plan administrator shall include with the account statement a notice that the account may be overinvested in employer securities and employer real property. Any determination under this paragraph shall be made as of the most recent valuation date under the plan. ``(2) Exclusion of assets held through pooled investment vehicles.--Employer securities and employer real property held through an investment option of the plan which is not designed to invest primarily in employer securities or employer real property shall not be taken under paragraph (1) is determining the percentage of assets that consist of employer securities and employer real property. ``(3) Application.-- ``(A) In general.--This subsection shall apply to any individual account plan which-- ``(i) holds employer securities which are readily tradable on an established securities market, and ``(ii) permits a participant or beneficiary to exercise control over assets in the individual's account. ``(B) Exception for esops.--This subsection shall not apply to an employee stock ownership plan (as defined in section 4795(e)(7)) of the Internal Revenue Code of 1986) if the plan has no contributions which are subject to section 401 (k) or (m) of such Code. ``(4) Employer securities and real property.--For purposes of this subsection, the terms `employer securities' and `employer real property' have the meanings given such terms by paragraphs (1) and (2) of section 407(d), respectively.'' (b) Penalty.--Section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132) is amended-- (1) in subsection (a)(6), by striking ``(6), or (7)'' and inserting ``(6), (7), or (8)'', (2) by redesignating paragraph (8) of subsection (c) as paragraph (9), and (3) by inserting after paragraph (7) the following new paragraph: ``(8) The Secretary may assess a civil penalty against a plan administrator of up to $100 a day from the date of the plan administrator's failure or refusal to provide notice to participants and beneficiaries in accordance with section 105(e). For purposes of this paragraph, each violation with respect to any single participant or beneficiary shall be treated as a separate violation.'' (c) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2002. SEC. 2. TREATMENT OF QUALIFIED RETIREMENT PLANNING SERVICES. (a) In General.--Subsection (m) of section 132 of the Internal Revenue Code of 1986 (defining qualified retirement services) is amended by redesignating paragraphs (2) and (3) as paragraphs (5) and (6), respectively, and by inserting after paragraph (1) the following: ``(2) Limitations.-- ``(A) Dollar limitation.--The aggregate amount which may be excluded with respect to qualified retirement planning services provided to any individual during a taxable year shall not exceed $1,500. ``(B) Adjusted gross income.--No amount may be excluded with respect to qualified retirement planning services provided during a taxable year if the modified adjusted gross income of the taxpayer for such taxable year exceeds $100,000 ($200,000 in the case of married individuals filing a joint return). For purposes of this subparagraph, the term `modified adjusted gross income' means adjusted gross income, determined without regard to this section and sections 911, 931, and 933. ``(3) Cash reimbursements.--For purposes of this subsection the term `qualified retirement planning services' includes a cash reimbursement by an employer to an employee for a benefit described in paragraph (1). ``(4) No constructive receipt.--No amount shall be included in the gross income of any employee solely because the employee may choose between any qualified retirement planning services provided by a qualified investment advisor and compensation which would otherwise be includible in the gross income of such employee. The preceding sentence shall apply to highly compensated employees only if the choice described in such sentence is available on substantially the same terms to each member of the group of employees normally provided education and information regarding the employer's qualified employer plan.'' (b) Conforming Amendments.-- (1) Section 403(b)(3)(B) of such Code is amended by inserting ``132(m)(4),'' after ``132(f)(4),''. (2) Section 414(s)(2) of such Code is amended by inserting ``132(m)(4),'' after ``132(f)(4),''. (3) Section 415(c)(3)(D)(ii) of such Code is amended by inserting ``132(m)(4),'' after ``132(f)(4),''. (c) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2002.

Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for information and advice to assist pension plan participants in making decisions regarding the investment of their pension plan assets under defined contribution plans that are individual account plans (IAPs) (401(k) and similar plans) which hold regularly tradable employment securities and permit participants or beneficiaries to exercise control over assets in the account.Requires the plan administrator to include in the account statement a notice that the account may be overinvested in employer securities and real property, whenever assets consisting of employer securities and real property exceed 50 percent of total IAP assets. Excludes from such notice requirement: (1) assets held through pooled investment vehicles; and (2) employee stock ownership plans (ESOPs) that have no contributions subject to section 401 (k) or (m) of the Internal Revenue Code (IRC).Amends IRC to limit to$1,500 the aggregate amount which may be excluded from gross income with respect to qualified retirement planning services (QRPS) provided to any individual during a taxable year. Prohibits exclusion of any such amount if the modified adjusted gross income of the taxpayer exceeds $100,000 ($200,000 for married individuals filing a joint return). Provides that no amount (constructive receipt) shall be included in the gross income of any employee solely because the employee may choose between any QRPS provided by a qualified investment advisor, and compensation which would otherwise be includible in the employee's gross income. Applies such provision to highly compensated employees only if such choice is available on substantially the same terms to each member of the group of employees normally provided education and information regarding the employer's qualified employer plan.

A bill to provide information and advice to pension plan participants to assist them in making decisions regarding the investment of their pension plan assets, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Communities Act of 2009''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Landscaping adds to the economic value and sales appeal of commercial real estate and increases office occupancy rates. (2) Greening can change people's perceptions of their neighborhoods, reduce violence and crime, and increase neighborhood stability. (3) Planting new trees, improving streetscapes, and cleaning vacant lots increases property values. (4) People will stay longer and shop more in shopping districts that are well landscaped. (5) Improvements to neighborhood parks increase the value of single-family homes in the surrounding community. (6) Homes adjacent to vacant lots that are greened have a much higher property value than homes adjacent to vacant lots that have not been greened. (b) Purposes.--The purposes of this Act are as follows: (1) To promote investment in greening projects and programs as effective economic development tools. (2) To connect urban economic development initiatives with environmental initiatives. (3) To improve quality of life for city residents. (4) To encourage public-private partnerships. SEC. 3. DEFINITIONS. In this Act: (1) Community greening initiative.--The term ``community greening initiative'' means a program that increases economic development by improving the environment. A community greening initiative may include the following: (A) Revitalizing municipal parks and public spaces. (B) Landscaping community gateways and key corridors. (C) Tree plantings and urban forestry projects. (D) Comprehensive planning for open space preservation. (E) Education, training, and volunteer management concerning community green initiatives. (F) Green roof construction. (G) Green stormwater infrastructure. (H) Vacant lot management. (2) Green roof.--The term ``green roof'' means a roof consisting of vegetation and soil or a growing medium planted over a waterproofing membrane. (3) Green stormwater infrastructure.--The term ``green stormwater infrastructure'' means systems and practices that use or mimic natural processes to infiltrate, evapotranspirate, or reuse stormwater on the site where it occurs rather than transporting the water to a stream or treatment facility. (4) Nonprofit organization.--The term ``nonprofit organization'' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (5) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (6) Urban forestry.--The term ``urban forestry'' means an integrated citywide or neighborhood-wide approach to the planting, care, and management of trees in the city or the neighborhood in order to ensure environmental and social benefits for residents. SEC. 4. GRANTS FOR COMMUNITY GREENING INITIATIVES. (a) Grants.-- (1) In general.--To the extent that funds are available, the Secretary shall, acting through the Assistant Secretary of Commerce for Economic Development, award grants to eligible municipalities to carry out community greening initiatives. (2) Grant amount.--The Secretary may not award a grant under this section in an amount that exceeds $2,000,000. (b) Eligible Municipalities.--For purposes of this section, an eligible municipality is any municipality that meets-- (1) the criteria described by section 209(b) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3149(b)); and (2) the circumstances described by section 209(c) of such Act (42 U.S.C. 3149(c)). (c) Selection of Grant Recipients.-- (1) Application.--An eligible municipality seeking a grant under this section for a community greening initiative shall submit to the Secretary an application therefor in such form and in such manner as the Secretary considers appropriate. (2) Selection.--The Secretary shall, in consultation with the nonprofit organizations that receive a grant or enter into a contract with the Secretary under section 5(a), select to receive grants under this section 80 eligible municipalities that have successfully developed and planned a community greening initiative, as determined by the Secretary. (3) Limitation.--The Secretary may not award a grant under this section to an eligible municipality for a community greening initiative that the Secretary determines will require more than 2 years to complete. (d) Use of Grant Funds.--Each eligible municipality receiving a grant under this section shall, with technical assistance and training provided under section 5(c), use the grant to carry out the community greening initiative for which the grant is received. (e) Matching Requirement.--An eligible municipality seeking a grant under this section for a community greening initiative shall agree to make available non-Federal funds to carry out the community greening initiative in an amount equal to not less than 50 percent of the grant awarded to such eligible municipality under this section. (f) Report.--Not later than 60 days after an eligible municipality that receives a grant under this section for a community greening initiative completes such initiative, the eligible nonprofit organization that assisted such municipality with such initiative under subsection (d) shall submit to the Secretary a report assessing the implementation of such initiative. SEC. 5. TECHNICAL ASSISTANCE AND TRAINING FOR MUNICIPALITIES. (a) Grants or Contracts.-- (1) In general.--To the extent that funds are available, the Secretary shall award grants to, or enter into contracts with, 5 eligible nonprofit organizations to provide technical assistance and training to municipalities that receive grants under section 4. (2) Duration.--A grant or contract under paragraph (1) shall be for a period of 5 years. (b) Eligible Nonprofit Organization.--For purposes of this section, an eligible nonprofit organization is any nonprofit organization that has experience with the following: (1) Planning and implementing projects concerning urban open space, landscape management, and community greening initiatives. (2) Land and water conservation. (3) Working with communities. (4) Forming partnerships or regional consortiums. (5) Urban ecology. (6) Such other experience as the Secretary considers appropriate. (c) Technical Assistance and Training.-- (1) In general.--Each eligible nonprofit organization receiving a grant or entering into a contract under subsection (a) shall provide technical assistance and training to municipalities receiving grants under section 4 to assist such municipalities in carrying out the community greening initiatives for which such grants were awarded. (2) Activities.--Technical assistance and training under paragraph (1) may include the following: (A) Developing, planning, implementing, and assessing community greening initiatives. (B) Developing and implementing training and workshops for municipal agencies and local partners. (C) Evaluating a community greening initiative. (d) Report.--Not later than 90 days after the end of each fiscal year for which amounts are made available for grants under this section, the Secretary shall submit to Congress a report on the technical assistance and training provided under this section. Each report shall describe the actions taken by the Secretary to ensure that technical assistance and training provided under this section is responsive to the needs of municipalities that receive grants under section 4. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act-- (1) $30,000,000 for each of fiscal years 2010, 2013, and 2014; and (2) $90,000,000 for each of fiscal years 2011 and 2012. (b) Reservation of Funds.-- (1) Grants for community greening initiatives.--Not less than 66 percent of the amounts made available to carry out this Act for each of fiscal years 2011 and 2012 shall be made available for the awarding of grants under section 4. (2) Technical assistance and training.--Of the amounts made available to carry out this Act, amounts shall be made available for technical assistance and training under section 5 as follows: (A) For each of fiscal years 2010, 2013, and 2014, 85 percent of such amounts. (B) For each of fiscal years 2011 and 2013, 28 percent of such amounts. (c) Availability.--Funds made available under this Act shall remain available until expended.

Green Communities Act of 2009 [sic] - Directs the Secretary of Commerce, through the Assistant Secretary of Commerce for Economic Development, to make grants to eligible municipalities to carry out community greening initiatives. Defines such an initiative as a program that increases economic development by improving the environment and that may include: (1) revitalizing municipal parks and public spaces; (2) landscaping community gateways and key corridors; (3) tree plantings and urban forestry projects; (4) comprehensive planning for open space preservation; (5) education, training, and volunteer management concerning community green initiatives; (6) green roof construction; (7) green stormwater infrastructure; and (8) vacant lot management. Defines an "eligible municipality" as a municipality that meets criteria for an economic adjustment grant under the Public Works and Economic Development Act of 1965. Directs the Secretary to select 80 eligible municipalities to receive grants. Requires an eligible municipality seeking a grant to agree to make available nonfederal funds to carry out the initiative in an amount equal to not less than 50% of the grant awarded. Directs the Secretary to make grants to, or enter into contracts with, five nonprofit organizations to provide technical assistance and training to municipalities receiving grants.

A bill to require the Secretary of Commerce to award grants to municipalities to carry out community greening initiatives, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voter Outreach and Turnout Expansion Act of 2003''. TITLE I--EXPANSION OF ELECTION ADMINISTRATION REQUIREMENTS SEC. 101. SAME-DAY VOTER REGISTRATION. (a) In General.--Section 303 of the Help America Vote Act of 2002 (42 U.S.C. 15483) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d) Permitting Voter Registration on Date of Election.-- ``(1) In general.--At each polling place in a State at which ballots are cast in an election for Federal office, an individual may register to vote on the date of the election, and may cast a vote at the polling place in the election, if the individual-- ``(A) completes an application for voter registration in accordance with the requirements of this Act and other applicable law; and ``(B) executes a written affirmation before an election official at the polling place stating that the individual is eligible to register to vote in the jurisdiction in which the individual desires to vote and has not already voted in the election. ``(2) Transmittal of completed applications to state election official.--An appropriate official at a polling place shall transmit any voter registration application accepted under this subsection to the appropriate State election official at the time the official at the polling place transmits the ballots cast at the polling place to the official. ``(3) Notice to individuals filing voter registration applications after deadline.--If an individual's application for voter registration prior to the date of an election is received by the appropriate election official after the deadline for receipt of applications with respect to the election under State law, the official shall transmit a notice to the individual stating that the application was received after the deadline and that the individual may register to vote at the polling place on the date of the election in accordance with this subsection. ``(4) Requirements under national voter registration act of 1993.--In carrying out this subsection, a polling place in a State shall meet the requirements applicable to a voter registration agency designated by the State under section 7(a)(2) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-5(a)(2)), except that clauses (i), (ii), and (iii) of section 7(a)(6)(B) of such Act (42 U.S.C. 1973gg- 5(a)(6)(B)) shall not apply with respect to any of the voter registration forms distributed by the polling place pursuant to this subsection.''. (b) Inclusion in Voting Information Requirements.--Section 302(b)(2) of such Act (42 U.S.C. 14582(b)(2)) is amended-- (1) in subparagraph (E), by inserting ``and the right to register to vote at the polling place on the date of an election and vote in that election'' after ``provisional ballot''; (2) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G); and (3) by inserting after subparagraph (D) the following new subparagraph: ``(E) instructions for individuals registering to vote at the polling place under section 303(d);''. (c) Effective Date.--Section 303(e) of such Act (42 U.S.C. 15483(e)), as redesignated by subsection (a), is amended by adding at the end the following new paragraph: ``(3) Requirement for voter registration on date of election.--Each State and jurisdiction shall be required to comply with the requirements of subsection (d) on and after January 1, 2004.''. SEC. 102. PERMITTING VOTERS TO CAST BALLOTS PRIOR TO ELECTION; PERMITTING VOTERS TO OBTAIN ABSENTEE BALLOTS FOR ANY REASON. (a) In General.--The Help America Vote Act of 2002 is amended-- (1) by redesignating sections 304 and 305 as sections 305 and 306; and (2) by inserting after section 303 the following new section: ``SEC. 304. PROMOTING EARLY AND ABSENTEE VOTING. ``(a) Requiring Jurisdictions To Establish Early Voting Sites.-- ``(1) In general.--Each jurisdiction in a State which administers an election for Federal office shall designate early voting sites within the jurisdiction to serve as polling places for the election prior to the date of the election, and shall permit any individual who is registered to vote in the election and eligible to cast a ballot at any polling place within the jurisdiction to cast the ballot at the site. ``(2) Treatment of ballots cast at sites.--After a ballot is cast for an election at an early voting site under this subsection, the ballot shall be held and tabulated by the jurisdiction in the same manner as an absentee ballot cast for the election. ``(3) Period of operation.--The jurisdiction shall operate the early voting sites designated under this subsection for an election during such period as it considers appropriate, except that-- ``(A) the period may not begin later than the 22nd day before the date of the election or the date on which the ballots for the election are available to be cast (whichever occurs later); and ``(B) at least 2 of the days during the period shall be weekend days. ``(4) Conditions for designation and distribution of sites.--The number of early voting sites of a jurisdiction and the location of such sites within the jurisdiction shall be determined by the jurisdiction, subject to the following conditions: ``(A) To the greatest extent practicable, the jurisdiction shall designate sites which are also designated as voter registration agencies under section 7 the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-5). ``(B) The aggregate number of voting systems used in all such sites in the jurisdiction may not be less than 25 percent of the total number of voting systems which will be used in all polling places in the jurisdiction on the date of the election. ``(C) At least one of the sites selected, and the voting system used at such site, shall be accessible for individuals with disabilities (including the blind and visually impaired). ``(D) The geographic distribution of the sites shall reflect the geographic distribution of the voting age population of the jurisdiction. ``(E) In establishing sites, the jurisdiction shall comply with the applicable requirements of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.). ``(b) Permitting Voters To Obtain Absentee Ballots for Any Reason.--No State election official may require an individual who requests an absentee ballot for an election to provide a reason for the request, or to otherwise provide any proof of the individual's need for an absentee ballot, as a condition of obtaining the ballot.''. (b) Conforming Amendments.-- (1) Deadline for adoption of voluntary guidance by election assistance commission.--Section 311(b) of such Act (42 U.S.C. 15501(b)) is amended-- (A) by striking ``and'' at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(4) in the case of recommendations with respect to section 304, January 1, 2004.''. (2) Enforcement.--Section 401 of such Act (42 U.S.C. 15511) is amended by striking ``and 303'' and inserting ``303, and 304''. (c) Clerical Amendment.--The table of sections for subtitle A of title III of such Act is amended-- (1) by redesignating the items relating to sections 304 and 305 as items relating to sections 305 and 306; and (2) by inserting after the item relating to section 303 the following new item: ``Sec. 304. Promoting early and absentee voting.''. SEC. 103. CLARIFICATION OF REQUIREMENT TO PERMIT INDIVIDUALS TO COMPLETE INCOMPLETE MAIL-IN VOTER REGISTRATION APPLICATIONS. Section 303(b)(4)(B) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(4)(B)) is amended to read as follows: ``(B) Incomplete forms.--If an applicant for voter registration with respect to an election fails to answer any of the questions included on the mail voter registration form pursuant to subparagraph (A), or otherwise fails to provide any information required to be provided on the form, the registrar shall-- ``(i) notify the applicant of the failure and of the opportunity for the applicant to register to vote at the polling place on the date of the election in accordance with subsection (d); and ``(ii) if the form was received by the registrar within the deadline under State law for the receipt of voter registration applications with respect to the election, provide the applicant with an opportunity to complete the form in a timely manner to allow for the completion of the registration form prior to the election.''. SEC. 104. ADDITIONAL FUNDING. Section 257(a) of the Help America Vote Act of 2002 (42 U.S.C. 15407(a)) is amended-- (1) in paragraph (1), by striking ``$1,400,000,000'' and inserting ``$1,405,000,000''; (2) in paragraph (2), by striking ``$1,000,000,000'' and inserting ``$1,005,000,000''; and (3) in paragraph (3), by striking ``$600,000,000'' and inserting ``$605,000,000''. SEC. 105. EFFECTIVE DATE. The amendments made by this title shall take effect as if included in the enactment of the Help America Vote Act of 2002. TITLE II--REMOVING OTHER BARRIERS TO VOTING SEC. 201. TREATMENT OF ELECTION DAY IN SAME MANNER AS VETERANS DAY FOR PURPOSES OF FEDERAL EMPLOYMENT. (a) Sense of Congress.--It is the sense of Congress that-- (1) many Americans do not vote on Election Day because of conflicting work schedules; (2) Federal, State, and local governments should share the responsibility for increasing voter turnout on Election Day; (3) States should establish Election Day as a legal public holiday in each year and should provide full paid leave for State government employees on Election Day; and (4) the treatment of Election Day in the same manner as Veterans Day for purposes of laws relating to Federal employment will lead to increased voter turnout and will increase the availability of poll workers and suitable polling places. (b) Treatment of Election Day in Same Manner as Veterans Day for Purposes of Federal Employment.--For purposes of any law relating to Federal employment, the Tuesday next after the first Monday in November in 2004 and each even-numbered year thereafter shall be treated in the same manner as November 11. SEC. 202. VOTING LEAVE. (a) In General.--Each employee of an employer may take up to 2 hours of leave (or up to 3 hours of leave, in the case of an employee whose workplace is further than 25 miles from the polling place at which the employee is eligible to cast a ballot under State law) in order to vote on any workday on which an election for Federal office is held. (b) Unpaid or Paid Leave Permitted.--Notwithstanding any other provision of law, leave granted under this subsection may be unpaid leave or paid leave. (c) Duties of Employee.--An employee taking leave under this subsection shall make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the employer, shall provide such notice prior to taking leave as is practicable, and shall make a reasonable effort to vote. (d) No Loss of Benefits.--The taking of leave under this subsection shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced. (e) Prohibited Acts.-- (1) Exercise of rights.--It shall be unlawful for any employer to interfere with, restrain, or deny the taking of or the attempt to take any leave provided under this subsection. (2) Discrimination.--It shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for-- (A) opposing any practice made unlawful by this subsection; (B) filing any charge, or instituting or causing to be instituted any proceeding, under or related to this subsection; (C) giving or preparing to give any information in connection with any inquiry or proceeding relating to any leave provided under this subsection; or (D) testifying or preparing to testify in any inquiry or proceeding relating to any leave provided under this subsection. (f) Investigative Authority.--The Secretary of Labor shall have investigative authority with respect to the provisions of this subsection in the same manner and under the same terms and conditions as the investigative authority provided under section 106 of the Family and Medical Leave Act of 1993, and the requirements of section 106 of such Act shall apply to employers under this subsection in the same manner as such requirements apply to employers under section 106 of such Act. (g) Enforcement.--The provisions of section 107 of the Family and Medical Leave Act of 1993 shall apply with respect to the enforcement of the requirements of this subsection in the same manner and under the same terms and conditions as such provisions apply with respect to the enforcement of the requirements of title I of such Act. (h) Employer Defined.--In this section, the term ``employer'' means any person engaged in commerce or in any industry or activity affecting commerce who employs 25 or more employees during a calendar year, and includes any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer and any successor in interest of an employer. In the previous sentence, the terms ``commerce'' and ``industry or activity affecting commerce'' have the meaning given such terms in section 101(1) of the Family and Medical Leave Act of 1993. (i) Nondiscrimination.--The implementation and enforcement of this section shall be in compliance with the Voting Rights Act of 1965. (j) Effective Date.--This section shall apply with respect to elections occurring after January 2004. SEC. 203. SENSE OF CONGRESS REGARDING DISTRIBUTION OF SAMPLE BALLOTS AND VOTING MATERIALS. It is the sense of Congress that the distribution of sample ballots, information on voting, and other voter education materials will help to prevent errors by voters at the polls and to reduce the rates of spoiled ballots, and Congress encourages States and other jurisdictions which administer elections to distribute these materials to registered voters prior to elections.

Voter Outreach and Turnout Expansion Act of 2003 - Amends the Help America Vote Act of 2002 to: (1) permit an individual to register to vote on the date of the election at each polling place in a State at which ballots are cast in an election for Federal office; and (2) require each jurisdiction in a State which administers an election for Federal office to designate early voting sites to serve as polling places for the election prior to the election date, and to permit any registered voter to cast a ballot at the site.Expresses the sense of Congress that: (1) many Americans do not vote on Election Day because of conflicting work schedules; (2) Federal, State, and local governments should share the responsibility for increasing voter turnout; (3) States should establish Election Day as a legal public holiday and provide full paid leave for State government employees; and (4) the treatment of Election Day in the same manner as Veterans Day for purposes of law relating to Federal employment will lead to increased voter turnout and will increase the availability of poll workers and suitable polling places.Sets out requirements for employee voting leave.Expresses the sense of Congress encouraging State and other jurisdictions to distribute sample ballots, information on voting, and other voter education materials as an aid to preventing errors by voters at the polls and reducing the rates of spoiled ballots.

To amend the Help America Vote Act of 2002 to require States to permit individuals to register to vote at polling places on the date of an election, to cast ballots at designated polling places prior to the date of an election, and to obtain absentee ballots for an election for any reason, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Capital Area Physician Emergency Assistance Act''. SEC. 2. CERTAIN LEGAL WAIVERS IN NATIONAL CAPITAL AREA REGARDING PROVISION OF ASSISTANCE DURING PUBLIC HEALTH EMERGENCIES. (a) Declaration by President.--If the President declares that a public health emergency is in effect in the National Capital Area, then during the period in which the emergency is in effect, any physician who holds a valid medical license issued by an Area State government-- (1) may provide, in any part of such Area, health services to victims of the emergency to the same extent as the physician is authorized to provide health services within the jurisdiction of the Area State government that issued the license, notwithstanding the law of the other Area State governments; and (2) is not liable for any harm caused by any act or omission of the physician in providing, in any part of such Area, health services to victims of the emergency, notwithstanding the law of any of the Area State governments, unless the harm is caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of others. (b) Declaration by Chief Executive Official of Area State Government.-- (1) Maryland.--For any period during which a public health emergency is in effect in an Area portion of the State of Maryland, pursuant to a qualifying declaration by the Governor of Maryland, subsection (a) applies to health services provided within such Area portion by a physician who holds a valid medical license issued by an Area State government to the same extent and in the same manner as such subsection would apply within the entire National Capital Area if the President were to declare a public health emergency for the National Capital Area under such subsection. (2) Virginia.--For any period during which a public health emergency is in effect in an Area portion of the State of Virginia, pursuant to a qualifying declaration by the Governor of Virginia, subsection (a) applies to health services provided within such Area portion by a physician who holds a valid medical license issued by an Area State government to the same extent and in the same manner as such subsection would apply within the entire National Capital Area if the President were to declare a public health emergency for the National Capital Area under such subsection. (3) District of columbia.--For any period during which a public health emergency is in effect in the District of Columbia, pursuant to a qualifying declaration by the Mayor of such District, subsection (a) applies to health services provided within the District by a physician who holds a valid medical license issued by an Area State government to the same extent and in the same manner as such subsection would apply within the entire National Capital Area if the President were to declare a public health emergency for the National Capital Area under such subsection. (4) Qualifying declaration.-- (A) In general.--A declaration by the Governor of Maryland, the Governor of Virginia, or the Mayor of the District of Columbia, as the case may be, that a public health emergency is in effect is, for purposes of this subsection, a qualifying declaration if-- (i) before officially declaring such emergency, such chief executive official notifies the Secretary of Health and Human Services of the intent to officially declare the emergency; and (ii) the Secretary does not, within 12 hours after such official provides the notice, inform the official that the Secretary has disapproved the declaration on the basis that the Secretary has determined that the declaration is not necessary to protect the public health. (B) Delegation of functions of secretary.--The Secretary of Health and Human Services may, temporarily or otherwise, delegate the functions of the Secretary under subparagraph (A) to the Assistant Secretary for Health or any of the heads of the agencies of the Public Health Service. (5) Relationship between declarations.--With respect to the public health emergency involved, a declaration by the President under subsection (a), including the period in which the emergency is declared to be in effect, supersedes any declaration under this subsection by the Governor of Maryland, the Governor of Virginia, or the Mayor of the District of Columbia. SEC. 3. EMERGENCY SYSTEM IN NATIONAL CAPITAL AREA FOR VERIFICATION OF CREDENTIALS OF PHYSICIAN VOLUNTEERS. (a) In General.--The Secretary of Health and Human Services shall, directly or through an award of a grant, contract, or cooperative agreement, establish and maintain a system for verifying the credentials, licenses, and hospital privileges of individuals who, during a public health emergency in the National Capital Area or portion thereof as declared under section 2, volunteer to serve in such Area as physicians (referred to in this section as the ``verification system''). In carrying out the preceding sentence, the Secretary shall provide for an electronic database for the verification system. (b) Certain Criteria.--The Secretary shall establish criteria regarding the verification system under subsection (a), including provisions regarding the promptness and efficiency of the system in collecting, storing, updating, and disseminating information on the credentials, licenses, accreditations, and hospital privileges of volunteers described in subsection (a). (c) Advance Registration of Volunteers.--In order to facilitate the availability of physicians during a public health emergency in the National Capital Area, the Secretary shall provide for the advance registration with the system of physicians who are willing to serve as volunteers described in subsection (a), and may carry out activities to encourage physicians to register with the system. (d) Other Assistance.--The Secretary may make grants and provide technical assistance to Area State governments and other public or nonprofit private entities for activities relating to the verification system developed under subsection (a). (e) Rule of Construction.--This section may not be construed as authorizing the Secretary to issue requirements regarding the provision by the Area State governments of credentials, licenses, accreditations, or hospital privileges. (f) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $2,000,000 for fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 through 2007. SEC. 4. DEFINITIONS. For purposes of this Act: (1) The term ``Area portion'' means the portion of the State of Maryland or the State of Virginia, as the case may be, that is within the National Capital Area. (2) The term ``Area State governments'' means the governments of the States of Maryland and Virginia and the government of the District of Columbia. (3) The term ``National Capital Area'' means-- (A) the District of Columbia; (B) the counties of Montgomery and Prince George's in the State of Maryland; (C) the cities of Alexandria, Fairfax, Falls Church, and Manassas in the State of Virginia, and the counties of Arlington, Fairfax, Loudon, and Prince William in such State; and (D) such additional jurisdictions in the State of Maryland or Virginia as the President may designate in a declaration under subsection (a) that a public health emergency is in effect. (4) The term ``Secretary'' means the Secretary of Health and Human Services.

National Capital Area Physician Emergency Assistance Act - Permits physicians licensed in Virginia, Maryland, or the District of Columbia to provide services to victims of emergencies in any of such jurisdictions regardless of the jurisdiction of their licensure whenever and wherever a public health emergency is declared by the relevant Governor or Mayor or by the President for the entire National Capital Area.Protects physicians from liability for all but willful, criminal, or reckless misconduct, gross negligence, or a conscious, flagrant indifference to the rights or safety of others while performing such volunteer emergency service.Directs the Secretary of Health and Human Services to provide an advance registration system for physician volunteers which verifies their credentials, licences, and hospital privileges.

To establish certain legal waivers for physicians who provide assistance in the National Capital Area during any period in which a public health emergency is in effect in such Area.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Chronic Care Practice Research Network Act of 2007''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Two-thirds of all Medicare spending involves beneficiaries living with 5 or more chronic conditions. (2) Eighty-four percent of people ages 65 to 70 live with at least one of the following chronic conditions: hypertension, heart disease or heart attack, cancer, diabetes, arthritis, or high cholesterol. (3) Medicare beneficiaries with chronic conditions are more likely to undergo duplicative tests, receive contradictory information from their healthcare providers, experience adverse responses to medications, and undergo hospital visits that could have been prevented. (4) Both traditional fee-for-service Medicare and Medicare Advantage are not currently configured to meet the unique needs of beneficiaries living with multiple chronic conditions. (5) Care for these patients is typically fragmented and delivered by multiple providers working at multiple sites. (6) Medicare has implemented a number of demonstration projects focused on ways to improve care for beneficiaries with multiple chronic conditions, yet there has been limited translation of evidence-based results to the wider chronic care community in a timely manner. (7) As the population of Medicare beneficiaries living with multiple chronic conditions continues to increase, the Centers for Medicare & Medicaid Services should seek more effective actions to test various care models, analyze the outcomes, and implement evidence-based best practices as soon as possible. (8) The United States Government should partner with qualified and experienced health care institutions already serving these beneficiaries to effectively and efficiently develop, evaluate, and translate improvements in coordinated care for them. Generating this information and supporting its translation into clinical practice will serve beneficiaries far more effectively. SEC. 3. MEDICARE CHRONIC CARE PRACTICE RESEARCH NETWORK TO DEVELOP AND APPLY IMPROVED PRACTICES IN COORDINATED CARE FOR MEDICARE BENEFICIARIES WITH MULTIPLE, CHRONIC CONDITIONS. (a) Establishment.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish in accordance with this section a Medicare Chronic Care Practice Research Network (in this section referred to as the ``Network''). (2) Duration.--The initial period of the Network shall be not less than five years. The Secretary may extend or make permanent the Network if the Network's performance demonstrates benefit to the Medicare program. (b) Purpose and Duties of Network.-- (1) Purpose.--The purpose of the Network is to enable highly qualified providers, including providers participating in the Medicare Coordinated Care Demonstration under section 1807 of the Social Security Act (in this section referred to as the ``MCCD''), to form a stable and flexible research infrastructure that accelerates the development and deployment of evidence-based chronic care management practices for Medicare beneficiaries with multiple, chronic conditions. (2) Duties of the network.-- (A) In general.--The Network shall develop and evaluate evidence-based chronic care management practices for Medicare beneficiaries who have two or more chronic illnesses, with a focus on such beneficiaries who are provided benefits under the Medicare fee-for-service program and whose care is most costly. (B) Specific duties.--The Network shall-- (i) research, design, implement, test, and validate specific interventions designed to improve care management for Medicare beneficiaries with multiple chronic conditions; and (ii) provide a reproducible, reliable, and scalable framework to standardize and translate best practices for all Medicare beneficiaries. (3) Financial support.--The Network shall provide financial support in the following areas: (A) Collaboration.--Support of collaboration and networking, including conference calls, meetings, and other forms of communication between and among Network project sites, of publication of guidelines and findings, and of development and dissemination of information on proven, common care management practices. (B) Infrastructure.--Support of research and infrastructure for Network project sites, which may be based upon enrollment size and success of such sites in realizing targets and compliance with data submission requirements. (C) Patient recruitment and care management.-- Support of patient recruitment and care management at Network project sites for the delivery of specific services and ongoing testing of improvements to large patient panels. (D) Evaluation.--Support of internal and external evaluation activities, including evaluation activities conducted at individual Network project sites and the Network. (4) Establishment of target enrollment numbers.--The Secretary and the Network shall jointly develop, based on demographics and previous history, target enrollment numbers for each Network project site. (c) Board of Directors.-- (1) Membership.-- (A) In general.--The Network shall have a Board of Directors (in this section referred to as the ``Board'') composed of the following: (i) CMS administrator.--The Administrator of the Centers for Medicare & Medicaid Services, who shall serve as chairman of the Board and head of the Network. (ii) Ex officio members.-- (I) The Director of the Agency for Health Research and Quality. (II) The Director of the National Institute on Aging. (III) Representatives of other Federal health care and research agency officials, as selected by the Secretary. (iii) Appointed members.--Members appointed under subparagraph (B). (B) Appointed members.-- (i) Initial appointment.--The Secretary shall appoint at least 8 individuals to serve on the Board, including one individual representing each MCCD site. (ii) Additional members.--The Secretary may appoint additional members to the Board to the extent the Secretary determines, including individuals who represent Network project sites not otherwise represented under clause (i). (iii) Term.--The term of office of each member of the Board appointed under this subparagraph shall be five years. (C) Vacancy.--Any vacancy in the membership of the Board-- (i) shall not affect the power of the remaining members to execute the duties of the Board; and (ii) shall be filled by appointment by the Secretary. (2) Project evaluations.--The Board shall provide for both an internal and external evaluation of each Network project site. (3) Initial meeting.--Not later than 60 days after the date members are first appointed under paragraph (1)(B), the Secretary shall convene a meeting of the members of the Board to-- (A) initiate the Network; and (B) begin the planning phase of the Network. (d) Biennial Reports.-- (1) Congressional reports.--Beginning not later than 2 years after the date of the establishment of the Network, the Secretary shall submit to the appropriate committees of Congress biennial reports on the Network. Each report shall include at least the following: (A) A report on progress made toward developing an efficient and effective research infrastructure capable of robustly testing new interventions and models of care for chronically ill Medicare beneficiaries in a timely manner. (B) An evaluation of the overall quality, satisfaction, and cost effectiveness of interventions tested. (C) An evaluation of the capability of the Network to define and test specifications needed to deploy successful interventions on a large geographic or nationwide scale without loss of effectiveness. (D) A description of benefits to the Medicare program resulting from increased collaboration and partnership between Network sites. (E) Any other information regarding the Network that the Secretary determines to be appropriate. (2) Public reports on care models.--Every two years, the Network shall develop and the Secretary shall issue a public report of recommended practices and guidelines for chronic care that summarizes the care models the Network has found to be most effective in managing Medicare beneficiaries with multiple, chronic problems. (e) Waiver.--The Secretary shall waive such provisions of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) as may be necessary for the Network to conduct activities under this section. (f) Funding.--There are authorized to be appropriated from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) and from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act (42 U.S.C. 1395t), in such proportions as the Secretary determines to be appropriate, $60,000,000. Such amount shall be available to carry out this section during a 5-fiscal-year period. (g) Definitions.--For purposes of this section: (1) Medicare program.--The term ``Medicare program'' means the programs under title XVIII of the Social Security Act. (2) Network project site.--The term ``Network project site'' means the site of a chronic care management program conducted under the authority of the Network.

Medicare Chronic Care Practice Research Network Act of 2007 - Directs the Secretary of Health and Human Services to establish a Medicare Chronic Care Practice Research Network to develop and evaluate evidence-based chronic care management for Medicare beneficiaries with multiple, chronic conditions, with a focus on beneficiaries under the Medicare fee-for-service program whose care is most costly.

To establish a Medicare Chronic Care Practice Research Network to develop and apply improved practices in care management for Medicare beneficiaries with multiple, chronic conditions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Health Security Act of 2015''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States-Mexico border is an interdependent and dynamic region of more than 15,000,000 people with significant and unique public health challenges. (2) These challenges include low rates of health insurance coverage, poor access to health care services, high unemployment rates, low educational attainment, and high rates of dangerous diseases, such as tuberculosis, diabetes, obesity, and other non-communicable diseases. (3) As the 2009 novel influenza A (H1N1) pandemic illustrated, diseases do not respect international boundaries, and a strong public health effort at and along the borders is crucial to not only protect and improve the health of Americans but also to help secure the country against threats to biosecurity and other emerging threats. (4) For 11 years, the United States-Mexico Border Health Commission has served as a crucial binational institution to address these unique and truly cross-border health issues. (5) More than 75 percent of Canadians live within 100 miles of the United States border. The 2003 epidemic of severe acute respiratory syndrome caused more than 250 illnesses in the Greater Toronto Area, just 80 miles from New York. SEC. 3. UNITED STATES-MEXICO BORDER HEALTH COMMISSION ACT AMENDMENTS. The United States-Mexico Border Health Commission Act (22 U.S.C. 290n et seq.) is amended-- (1) in section 3-- (A) in paragraph (1), by striking ``; and'' and inserting ``;''; (B) in paragraph (2), by striking the period and inserting a semicolon; and (C) by adding at the end the following: ``(3) to cooperate with the Canada-United States Pan-Border Public Health Preparedness Council (referred to in this Act as the `Council'), as appropriate; and ``(4) to serve as an independent and objective body to both recommend and implement initiatives that solve border health issues.''; (2) in section 5-- (A) in subsection (b), by striking ``should be the leader'' and inserting ``shall be the Chair''; and (B) by adding at the end the following: ``(d) Providing Advice and Recommendations.--Members of the Commission and the Council may at any time provide advice or recommendations to the Secretary, Congress, or any Member of Congress concerning issues that are considered by the Commission or Council. Such advice or recommendations may be provided regardless of whether a request for such is made and regardless of whether the member or individual is authorized to provide such advice or recommendations by the Commission or Council or any other Federal official.''; (3) by redesignating section 8 as section 12; (4) by striking section 7 and inserting the following: ``SEC. 7. BORDER HEALTH GRANTS. ``(a) Eligible Entity Defined.--In this section, the term `eligible entity' means a State, public institution of higher education, local government, Indian tribe, tribal organization, urban Indian organization, nonprofit health organization, trauma center, critical access hospital or other hospital that serves rural or other vulnerable communities and populations, faith-based entity, or community health center receiving assistance under section 330 of the Public Health Service Act (42 U.S.C. 254b), that is located in the United States- Mexico border area or the United States-Canada border area. ``(b) Authorization.--From amounts appropriated under section 11, the Secretary, in consultation with members of the Commission and Council and in coordination with the Office of Global Affairs, shall award grants to eligible entities to address priorities and recommendations outlined by the strategic plan and operational work plan of the Commission and the Council, as authorized under section 9, to improve the health of United States-Mexico border area and United States-Canada border area residents. ``(c) Application.--An eligible entity that desires a grant under subsection (b) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Use of Funds.--An eligible entity that receives a grant under subsection (b) shall use the grant funds for any of the following: ``(1) Programs relating to any one or more of the following: ``(A) Maternal and child health. ``(B) Primary care and preventative health. ``(C) Infectious disease testing, monitoring, and surveillance. ``(D) Public health and public health infrastructure. ``(E) Health promotion. ``(F) Oral health. ``(G) Behavioral and mental health. ``(H) Substance abuse prevention and harm reduction. ``(I) Health conditions that have a high prevalence in the United States-Mexico border area or United States-Canada border area. ``(J) Medical and health services research. ``(K) Workforce training and development. ``(L) Community health workers and promotoras. ``(M) Health care infrastructure problems in the United States-Mexico border area or United States- Canada border area (including planning and construction grants). ``(N) Health disparities in the United States- Mexico border area or United States-Canada border area. ``(O) Environmental health. ``(P) Health education. ``(Q) Outreach and enrollment services with respect to Federal programs (including programs authorized under titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 et seq. and 1397aa et seq.)). ``(R) Trauma care. ``(S) Health research with an emphasis on infectious disease and pressing issues related to noncommunicable diseases. ``(T) Epidemiology and health research. ``(U) Cross-border health surveillance coordinated with Mexican Health Authorities or Canadian Health Authorities. ``(V) Obesity, particularly childhood obesity. ``(W) Crisis communication, domestic violence, health literacy, or cancer. ``(X) Community-based participatory research on border health issues. ``(Y) Violence prevention. ``(Z) Cross-border public health preparedness. ``(2) Other programs determined appropriate by the Secretary. ``(e) Supplement, Not Supplant.--Amounts provided to an eligible entity awarded a grant under subsection (b) shall be used to supplement and not supplant other funds available to the eligible entity to carry out the activities described in subsection (d). ``SEC. 8. GRANTS FOR EARLY WARNING INFECTIOUS DISEASE SURVEILLANCE (EWIDS) IN THE BORDER AREA. ``(a) Eligible Entity Defined.--In this section, the term `eligible entity' means a State, local government, Indian tribe, tribal organization, urban Indian organization, trauma center, regional trauma center coordinating entity, or public health entity. ``(b) Authorization.--From funds appropriated under section 11, the Secretary shall award grants for Early Warning Infectious Disease Surveillance (EWIDS) to eligible entities for infectious disease surveillance activities in the United States-Mexico border area or United States-Canada border area. ``(c) Application.--An eligible entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Uses of Funds.--An eligible entity that receives a grant under subsection (b) shall use the grant funds, in coordination with State and local all hazards programs, to-- ``(1) develop and implement infectious disease surveillance plans and networks and public health emergency and readiness assessments and preparedness plans, and purchase items necessary for such plans; ``(2) coordinate infectious disease surveillance planning and interjurisdictional risk assessments in the region with appropriate United States-based agencies and organizations and appropriate authorities in Mexico or Canada; ``(3) improve infrastructure, including surge capacity, syndromic surveillance, and isolation/decontamination capacity, and policy preparedness, including for mutual assistance and for the sharing of information and resources; ``(4) improve laboratory capacity, in order to maintain and enhance capability and capacity to detect potential infectious disease, whether naturally occurring or the result of terrorism; ``(5) create and maintain a health alert network, including risk communication and information dissemination that is culturally competent and takes into account the needs of at- risk populations, including individuals with disabilities; ``(6) educate and train clinicians, epidemiologists, laboratories, and emergency management personnel; ``(7) implement electronic data and infrastructure inventory systems to coordinate the triage, transportation, and treatment of multicasualty incident victims; ``(8) provide infectious disease testing in the United States-Mexico border area or United States-Canada border area; and ``(9) carry out such other activities identified by the Secretary, members of the Commission, members of the Council, State or local public health authorities, representatives of border health offices, or authorities at the United States- Mexico or United States-Canada borders. ``SEC. 9. PLANS, REPORTS, AUDITS, AND BY-LAWS. ``(a) Strategic Plan.-- ``(1) In general.--Not later than 2 years after the date of enactment of this section, and every 5 years thereafter, the Commission (including the participation of members representing both the United States and Mexican sections) and the Council (including the participation of members representing both the United States and Canada) shall each prepare a binational strategic plan to guide the operations of the Commission and the Council and submit such plan to the Secretary and Congress. ``(2) Requirements.--The binational strategic plan under paragraph (1) shall include-- ``(A) health-related priority areas determined most important by the full membership of the Commission or Council, as applicable; ``(B) recommendations for goals, objectives, strategies, and actions designed to address such priority areas; and ``(C) a proposed evaluation framework with output and outcome indicators appropriate to gauge progress toward meeting the objectives and priorities of the Commission or Council, as applicable. ``(b) Work Plan.--Not later than January 1, 2017, and every 2 years thereafter, the Commission and the Council shall develop and approve an operational work plan and budget based on the strategic plan under subsection (a). ``(c) GAO Review.--Not later than January 1, 2018, and every 2 years thereafter, the Comptroller General of the United States shall conduct an evaluation of the activities conducted by the Commission and the Council based on the operational work plans described in subsection (b) for the previous year and the output and outcome indicators included in the strategic plan described in subsection (a). The evaluation shall include a request for written evaluations from members of the Commission and the Council about barriers and facilitators to executing successfully the work plans of the Commission and the Council. ``(d) Biannual Reporting.--The Commission and Council shall each issue a biannual report to the Secretary that provides independent policy recommendations related to border health issues. Not later than 3 months following receipt of each such biannual report, the Secretary shall provide to Congress the report and any studies or other materials produced independently by the Commission and Council. ``(e) Audits.--The Secretary shall annually prepare an audited financial report to account for all appropriated assets expended by the Commission and Council to address both the strategic and operational work plans for the year involved. ``(f) By-Laws.--Not later than 6 months after the date of enactment of this section, the Commission and Council shall develop and approve bylaws to provide fully for compliance with the requirements of this section. ``(g) Transmittal to Congress.--The Commission and Council shall submit copies of the operational work plan and by-laws to Congress. The Comptroller General of the United States shall submit a copy of each evaluation completed under subsection (c) to Congress. ``SEC. 10. COORDINATION. ``(a) In General.--To the extent practicable and appropriate, plans, systems, and activities to be funded (or supported) under this Act for all hazard preparedness, and general border health, shall be coordinated with Federal, State, and local authorities in Mexico, Canada, and the United States. ``(b) Coordination of Health Services and Surveillance.--The Secretary, acting through the Assistant Secretary for Preparedness and Response, when appropriate, may coordinate with the Secretary of Homeland Security in establishing a health alert system that-- ``(1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the United States-Mexico border area and United States-Canada border area; and ``(2) warns of health threats, extreme weather conditions, disasters of mass scale, bioterrorism, and other emerging threats along the United States-Mexico border area and United States-Canada border area. ``SEC. 11. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this Act $7,000,000 for fiscal year 2017 and each succeeding year, subject to the availability of appropriations for such purpose, of which $4,650,000 shall be made available to fund operationally feasible functions, activities, and grants with respect to the United States- Mexico border and the border health activities under cooperative agreements with the border health offices of the States of California, Arizona, New Mexico, and Texas, and $2,350,000 shall be allocated for the administration of United States activities under this Act on the United States-Canada border and the border health authorities, acting through the Canada-United States Pan-Border Public Health Preparedness Council.''; and (5) in section 12 (as so redesignated)-- (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (6), respectively; (B) by inserting after paragraph (2), the following: ``(3) Indians; indian tribe; tribal organization; urban indian organization.--The terms `Indian', `Indian tribe', `tribal organization', and `urban Indian organization' have the meanings given such terms in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603).''; and (C) by inserting after paragraph (4), as so redesignated, the following: ``(5) United states-canada border area.--The term `United States-Canada border area' means the area located in the United States and Canada within 100 kilometers of the border between the United States and Canada.''.

Border Health Security Act of 2015 This bill amends the United States-Mexico Border Health Commission Act to require the commission to cooperate with the Canada-United States Pan-Border Public Health Preparedness Council and to recommend and implement initiatives that solve border health issues. Members of the commission may provide advice or recommendations to the Department of Health and Human Services (HHS) or Congress without authorization or a request. HHS must award grants: (1) to address the priorities and recommendations of the commission and council to improve the health of border area residents, and (2) for infectious disease surveillance activities in border areas. Every five years, the commission and the council must each prepare a binational strategic plan that includes priority areas, recommendations to address these priority areas, and an evaluation framework to gauge progress. The Office of the Assistant Secretary for Preparedness and Response may coordinate with the Department of Homeland Security in establishing a system that alerts clinicians and public health officials to emerging health threats in border areas.

Border Health Security Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Upper Mississippi Conservation and River Protection Act of 2013'' or the ``Upper Mississippi CARP Act''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Alternative technology barrier.--The term ``alternative technology barrier'' includes an electric barrier, acoustic barrier, bubble barrier, and such other barriers as the Secretary determines appropriate. (2) Asian carp.--The term ``Asian carp'' means-- (A) grass carp (Ctenopharyngodon idella); (B) silver carp (Hypophthalmichthys molitrix); (C) bighead carp (Hypophthalmichthys nobilis); and (D) black carp (Mylopharyngodon piceus). (3) Lock and dam 1.--The term ``Lock and Dam 1'' means the lock and dam located on Mississippi River mile 847.8 in Minneapolis, Minnesota. (4) Lock and dam 2.--The term ``Lock and Dam 2'' means the lock and dam located on Mississippi River mile 815.2 upstream of Hastings, Minnesota. (5) Lock and dam 4.--The term ``Lock and Dam 4'' means the lock and dam located on Mississippi River mile 752.8 in Alma, Wisconsin. (6) Secretary.--The term ``Secretary'' means the Secretary of the Army, acting through the Chief of Engineers. (7) Upper st. anthony falls lock and dam.--The term ``Upper St. Anthony Falls Lock and Dam'' means the lock and dam located on Mississippi River mile 853.9 in Minneapolis, Minnesota. SEC. 3. FEASIBILITY STUDY ON TEMPORARY CLOSURE OF UPPER ST. ANTHONY FALLS LOCK. (a) Study.--The Secretary shall conduct a study on the feasibility of temporary closure of the lock at the Upper St. Anthony Falls Lock and Dam to manage the threat of Asian carp traveling up the Mississippi River in the State of Minnesota. (b) Potential Impacts.--In conducting the study, the Secretary shall assess the potential impacts, including environmental and economic impacts of-- (1) temporary closure of the lock; and (2) continuing to operate the lock. (c) Consultation.--The Secretary shall carry out the study in consultation with the Secretary of the Interior and appropriate Federal, State, and local entities. (d) Public Comment.--In conducting the study, the Secretary shall provide an opportunity for, and take into consideration, public comment. (e) Report.--Not later than 6 months after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the study. SEC. 4. FEASIBILITY STUDY ON USE OF OTHER ASIAN CARP CONTROL MEASURES. (a) Study.--The Secretary shall conduct a study on the feasibility of implementing control measures at the Upper St. Anthony Falls Lock and Dam and at Lock and Dam 1 to manage the threat of Asian carp traveling up the Mississippi River in the State of Minnesota. (b) Types of Control Measures.--The study shall include an examination of each of the following: (1) Permanent closure of the lock. (2) Modified lock operations. (3) Use of an alternative technology barrier. (4) Such other control measures as the Secretary determines appropriate. (c) Potential Impacts.--In conducting the study, the Secretary shall assess the potential impacts, including environmental and economic impacts of-- (1) implementing each of the control measures to be examined under subsection (b); and (2) not implementing any control measures. (d) Consultation.--The Secretary shall carry out the study in consultation with the Secretary of the Interior and appropriate Federal, State, and local entities. (e) Public Comment.--In conducting the study, the Secretary shall provide an opportunity for, and take into consideration, public comment. (f) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the study. SEC. 5. CLOSURE OF LOCKS TO PREVENT SPREAD OF ASIAN CARP. (a) Discretionary Closure.--The Secretary may close the lock at the Upper St. Anthony Falls Lock and Dam if the Secretary determines in writing, based on the assessment of potential impacts under section 3(b), that closure of the lock is justified as a method to manage the threat of Asian carp traveling up the Mississippi River in the State of Minnesota. (b) Mandatory Closure.--The Secretary shall close the lock at the Upper St. Anthony Falls Lock and Dam if the Secretary determines that-- (1) one or more live adult Asian carp has been captured above Lock and Dam 2; or (2) one or more juvenile Asian carp has been captured above Lock and Dam 4. (c) Determinations by Secretary of the Interior.-- (1) Petitions.--If the Secretary of the Interior determines that an Asian carp has been captured that meets the criteria described in subsection (b)(1) or (b)(2), the Secretary of the Interior may transmit to the Secretary a petition for closure of the lock at the Upper St. Anthony Falls Lock and Dam. (2) Consideration.--After receiving a petition under paragraph (1), the Secretary shall-- (A) consider the recommendation contained in the petition and prepare a written response to the recommendation; and (B) transmit the petition and written response to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate and make the petition and written response available to the public by electronic means, including the Internet. (d) Period of Closure.--If the Secretary closes the lock under this section, the Secretary may reopen the lock after the Secretary determines in writing that adequate measures are in place to manage the threat of Asian carp moving upstream of the Upper St. Anthony Falls Lock and Dam. (e) Emergency Operations.--Nothing in this section shall prevent the Secretary from carrying out emergency lock operations necessary to mitigate flood damage. SEC. 6. ASIAN CARP CONTROL STRATEGY FRAMEWORK. The Council on Environmental Quality shall incorporate the Upper Mississippi River and tributaries, the Minnesota River, and the St. Croix River into the Asian Carp Control Strategy Framework of the Council. SEC. 7. SENSE OF CONGRESS. It is the sense of Congress that, to the maximum extent practicable, Federal agencies researching Asian carp control technologies should partner with State and local shareholders, giving priority to those collaborative partnerships in which the State and local shareholders contribute to the cost of the research.

Upper Mississippi Conservation and River Protection Act of 2013 or the Upper Mississippi CARP Act - Directs the Chief of Engineers to study the feasibility of: (1) temporarily closing the lock at the Upper St. Anthony Falls Lock and Dam (located on Mississippi River mile 853.9 in Minneapolis, Minnesota) to manage the threat of Asian carp traveling up the Mississippi River in Minnesota, and (2) implementing control measures at such lock and Lock and Dam 1 (located on Mississippi River mile 847.8 in Minneapolis, Minnesota), including permanently closing the locks, modifying lock operations, or using an alternative technology barrier, to manage such threat. Requires the Chief to assess the potential impacts, including environmental and economic impacts: (1) of temporary closure of such lock and of continuing to operate it, and (2) of implementing each of such control measures and of not implementing such measures. Authorizes the Chief to close such lock upon determining that closure is justified based on the assessment of potential impacts. Requires the Chief to close such lock upon determining that a live adult Asian carp has been captured above Lock and Dam 2 (located on Mississippi River mile 815.2 upstream of Hastings, Minnesota) or that a juvenile Asian carp has been captured above Lock and Dam 4 (located on Mississippi River mile 752.8 in Alma, Wisconsin). Authorizes the Secretary of the Interior, upon determining that an Asian carp has been captured at such a location, to transmit to the Chief a petition for closure of such lock. Allows the Chief to reopen the lock upon determining that adequate measures are in place to manage the threat. Directs the Council on Environmental Quality to incorporate the Upper Mississippi River and tributaries, the Minnesota River, and the St. Croix River into the Asian Carp Control Strategy Framework of the Council. Expresses the sense of Congress that federal agencies researching Asian carp control technologies should partner with state and local shareholders, giving priority to collaborative partnerships in which such shareholders contribute to the cost of the research.

Upper Mississippi CARP Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Woodrow Wilson Memorial Bridge Preservation Act''. SEC. 2. RESPONSIBILITY OF THE SECRETARY FOR THE WOODROW WILSON MEMORIAL BRIDGE. (a) Maintenance, Rehabilitation, and Expansion of Existing Bridge.--The Secretary of Transportation shall be solely responsible for the maintenance, rehabilitation, and expansion of the existing Woodrow Wilson Memorial Bridge over the Potomac River between the States of Virginia and Maryland until all conditions under section 5 are met. The Secretary shall consult with the Commonwealth of Virginia, the State of Maryland, and the District of Columbia from time to time on the operating, maintenance, and rehabilitation needs of the bridge. (b) Coordination of Agreement.--Sections 2(A), 2(B), and 2(C) of the agreement of April 19, 1985, between the Secretary of Transportation, the Commonwealth of Virginia, the State of Maryland, and the District of Columbia, related to the assignment of responsibility for the operation and maintenance of the bridge shall remain in effect. SEC. 3. ESTABLISHMENT OF FUND. (a) In General.--The contract authority, and associated obligational authority, provided by section 412 of the National Highway System Designation Act of 1995 (112 Stat. 159-160) and section 110 of title 23, United States Code, for the Woodrow Wilson Memorial Bridge shall be designated as the Woodrow Wilson Memorial Bridge Preservation Fund (in this section referred to as the ``Fund'') and shall be maintained as such within the Department of Transportation. (b) Uses of the Fund.--The Fund shall be available to the Secretary for the maintenance, rehabilitation, and expansion of the existing Woodrow Wilson Memorial Bridge for the purpose of keeping the bridge in a condition sufficient to facilitate interstate traffic in an efficient and safe manner. Amounts in the Fund shall only be available for those portions of the bridge that are owned by the Federal Government. (c) Replenishment of the Fund.--Before October 1 of each fiscal year, the Secretary shall estimate the balance in the Fund for such fiscal year. If the balance is projected to be below $50,000,000, the Secretary shall deduct from apportionments made to the Commonwealth of Virginia and the State of Maryland under section 104 of title 23, United States Code, sufficient contract authority and obligation authority to restore the projected Fund balance to $50,000,000. The obligation authority deducted shall be available until expended. (d) Annual Report.--The Secretary shall prepare and transmit to Congress an annual report on the condition of the bridge. SEC. 4. TRANSPORTATION PLAN. (a) Development.--The Secretary of Transportation, the Commonwealth of Virginia, the State of Maryland, and the District of Columbia shall develop a transportation plan for the Capital Beltway corridor (Interstate Route 495) served by the Woodrow Wilson Memorial Bridge project. The plan shall establish what level of high occupancy vehicle lanes and transit service should be provided in the corridor and how such service should be accommodated on a replacement bridge. (b) Consultation.--The plan shall be developed in consultation with appropriate local jurisdictions and metropolitan planning organizations. (c) Funding.--The cost of developing the plan may be paid from the Woodrow Wilson Memorial Bridge Preservation Fund. SEC. 5. CONSTRUCTION OF REPLACEMENT BRIDGE. (a) In General.--Upon certification to Congress by the Secretary of Transportation that all of the following conditions have been met, the balance in the Woodrow Wilson Memorial Bridge Preservation Fund shall be available for the construction of a replacement for the existing Woodrow Wilson Memorial Bridge: (1) The transportation plan required under section 4 has been completed and approved by the Secretary, the Governors of Virginia and Maryland, and the mayor of the District of Columbia. (2) Title to the existing bridge has been transferred from the Federal Government to the Commonwealth of Virginia or the State of Maryland, or both. (3) The Commonwealth of Virginia and the State of Maryland have developed a finance plan to pay for all costs of the replacement bridge project in excess of the current Federal payment provided by the Transportation Equity Act for the 21st Century and have signed an agreement with the Secretary to pay for all cost overruns to the finance plan. The plan shall give priority to the use of such Federal payment for the bridge component of the project. (b) Waiver Authority.--In developing a replacement bridge and its approaches under subsection (a), the Secretary upon petition by the States of Virginia and Maryland, may waive any requirement of title 23, United States Code, other than sections 113 and 138 of such title, that the States have determined to cause unreasonable increases in the cost of the project. SEC. 6. SENSE OF THE CONGRESS. It is the sense of Congress that-- (1) the $900,000,000 Federal payment in the Transportation Equity Act for the 21st Century to replace the Woodrow Wilson Memorial Bridge is the final Federal contribution for that project; (2) any of the Federal payment remaining after completion of the replacement bridge shall be available to pay for costs associated with construction of approaches to the bridge; and (3) all project costs not associated with the bridge component are the responsibility of the Commonwealth of Virginia and the State of Maryland as was the case with the construction of the existing bridge. SEC. 7. CONFORMING AMENDMENTS. Section 412 of the National Highway System Designation Act of 1995 (112 Stat. 159-160) is amended-- (1) in subsection (a)(1) by striking ``of planning'' and all that follows through the period at the end of such subsection and inserting ``of maintenance and rehabilitation by the Secretary of the existing Woodrow Wilson Memorial Bridge.''; and (2) by striking subsection (c). SEC. 8. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect September 30, 2000, and shall apply to fiscal years beginning after such date.

Designates certain contract and associated obligational authorities for the bridge as the Woodrow Wilson Memorial Bridge Preservation Fund which shall be maintained within the Department of Transportation. Requires that such Fund be available to the Secretary for the maintenance, rehabilitation, and expansion of the bridge for keeping it in a condition sufficient to facilitate interstate traffic in an efficient and safe manner. Provides for amounts in the Fund only to be available for those portions of the bridge that are owned by the Federal Government. Sets forth a rule for the replenishment of the Fund. Requires the Secretary to prepare and transmit to Congress an annual report on the bridge's condition. Directs the Secretary, Virginia, Maryland, and the District of Columbia to develop a transportation plan for the Capital Beltway corridor (Interstate Route 495) served by the Woodrow Wilson Memorial Bridge project. Requires that the plan establish what level of high occupancy vehicle lanes and transit service should be provided in the corridor and how such service should be accommodated on a replacement bridge. Permits the cost of developing the plan to be paid from the Fund. Requires the balance in the Fund to be available for the construction of a replacement bridge upon certification to Congress by the Secretary that all of the following conditions have been met: (1) the transportation plan has been completed and approved by the Secretary, the Governors of Virginia and Maryland, and the mayor of the District of Columbia; (2) title to the existing bridge has been transferred from the Federal Government to Virginia, Maryland, or both; and (3) Virginia and Maryland have developed a finance plan to pay for all costs of the replacement bridge project in excess of the current Federal payment and have signed an agreement with the Secretary to pay for all cost overruns to the plan (requires the plan to give priority to the use of such Federal payment for the bridge component). Allows the Secretary, in developing a replacement bridge and its approaches, upon petition by the States of Virginia and Maryland, to waive any Federal highways requirement (with exceptions) that the States have determined to cause unreasonable increases in the cost of the project. Expresses the sense of the Congress that: (1) the $900 million Federal payment to replace the bridge is the final Federal contribution for that project; (2) any of the Federal payment remaining after completion of the replacement bridge shall be available to pay for costs associated with construction of approaches to it; and (3) all project costs not associated with the bridge component are the responsibility of the Commonwealth of Virginia and the State of Maryland.

Woodrow Wilson Memorial Bridge Preservation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Working Families Tax Protection Act of 2012''. SEC. 2. EXTENSION OF 2001 TAX RELIEF FOR THE MIDDLE CLASS. (a) In General.--In the case of the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 which are specified in subsection (b) (and the amendments made by such provisions), section 901 of such Act shall be applied by substituting ``December 31, 2013'' for ``December 31, 2012'' the first place it appears. (b) Specified EGTRRA Provisions.--The following provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 are specified in this subsection: (1) Title I (relating to individual income tax rate reductions). (2) Title II (relating to tax benefits related to children). (3) Title III (relating to marriage penalty relief). (4) Title IV (relating to affordable education provisions). (c) Certain Provisions Not Applicable to High-Income Individuals.-- (1) Individual income tax rates.--Subsection (i) of section 1 of the Internal Revenue Code of 1986 is amended by striking paragraph (2), by redesignating paragraph (3) as paragraph (4), and by inserting after paragraph (1) the following new paragraphs: ``(2) 25- and 28-Percent rate brackets.--The tables under subsections (a), (b), (c), (d), and (e) shall be applied-- ``(A) by substituting `25%' for `28%' each place it appears (before the application of subparagraph (B)), ``(B) by substituting `28%' for `31%' each place it appears, and ``(C) by substituting `33%' for `36%' each place it appears. ``(3) 35-Percent rate bracket.-- ``(A) In general.--In the case of taxable years beginning after December 31, 2012-- ``(i) the rate of tax under subsections (a), (b), (c), and (d) on a taxpayer's taxable income in the highest rate bracket shall be 35 percent to the extent such income does not exceed an amount equal to the excess of-- ``(I) the applicable threshold, over ``(II) the dollar amount at which such bracket begins, and ``(ii) the 39.6 percent rate of tax under such subsections shall apply only to the taxpayer's taxable income in such bracket in excess of the amount to which clause (i) applies. ``(B) Applicable threshold.--For purposes of this paragraph, the term `applicable threshold' means-- ``(i) $500,000 in the case of subsection (a), and ``(ii) \1/2\ the amount applicable under clause (i) in the case of subsections (b), (c), and (d). ``(C) Highest rate bracket.--For purposes of this paragraph, the term `highest rate bracket' means the bracket which would (determined without regard to this paragraph) be the 39.6-percent rate bracket.''. (2) Phaseout of personal exemptions and itemized deductions.-- (A) Overall limitation on itemized deductions.-- Section 68 of such Code is amended-- (i) by striking ``the applicable amount'' the first place it appears in subsection (a) and inserting ``the applicable threshold in effect under section 1(i)(3)'', (ii) by striking ``the applicable amount'' in subsection (a)(1) and inserting ``such applicable threshold'', (iii) by striking subsection (b) and redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively, and (iv) by striking subsections (f) and (g). (B) Phaseout of deductions for personal exemptions.-- (i) In general.--Paragraph (3) of section 151(d) of such Code is amended-- (I) by striking ``the threshold amount'' in subparagraphs (A) and (B) and inserting ``the applicable threshold in effect under section 1(i)(3)'', (II) by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C), and (III) by striking subparagraphs (E) and (F). (ii) Conforming amendment.--Paragraph (4) of section 151(d) of such Code is amended-- (I) by striking subparagraph (B), (II) by redesignating clauses (i) and (ii) of subparagraph (A) as subparagraphs (A) and (B), respectively, and by indenting such subparagraphs (as so redesignated) accordingly, and (III) by striking all that precedes ``in a calendar year after 1989,'' and inserting the following: ``(4) Inflation adjustment.--In the case of any taxable year beginning''. (3) Application of sunsets.-- (A) Individual income tax rates.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall apply to the amendments made by paragraph (1) to the same extent and in the same manner as such section applies to the amendments made by section 101 of such Act. (B) Phaseout of personal exemptions and itemized deductions.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall apply to the amendments made by paragraph (2) to the same extent and in the same manner as such section applies to the amendments made by section 102 of such Act. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 3. EXTENSION OF 2003 TAX RELIEF FOR THE MIDDLE CLASS. (a) In General.--Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 is amended by striking ``December 31, 2012'' and inserting ``December 31, 2013''. (b) Certain Provisions Not Applicable to High-Income Individuals.-- (1) In general.--Paragraph (1) of section (1)(h) of the Internal Revenue Code of 1986 is amended by striking subparagraph (C), by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F) and by inserting after subparagraph (B) the following new subparagraphs: ``(C) 15 percent of the lesser of-- ``(i) so much of the adjusted net capital gain (or, if less, taxable income) as exceeds the amount on which a tax is determined under subparagraph (B), or ``(ii) the excess (if any) of-- ``(I) the amount of taxable income which would (without regard to this subsection) be taxed at a rate below 39.6 percent, over ``(II) the sum of the amounts on which tax is determined under subparagraphs (A) and (B), ``(D) 20 percent of the adjusted net capital gain (or, if less, taxable income) in excess of the sum of the amounts on which tax is determined under subparagraphs (B) and (C),''. (2) Dividends.--Subparagraph (A) of section 1(h)(11) of such Code is amended by striking ``qualified dividend income'' and inserting ``so much of the qualified dividend income as does not exceed the excess (if any) of-- ``(i) the amount of taxable income which would (without regard to this subsection) be taxed at a rate below 39.6 percent, over ``(ii) taxable income reduced by qualified dividend income.''. (3) Minimum tax.--Section 55 of such Code is amended by adding at the end the following new subsection: ``(f) Application of Maximum Rate of Tax on Net Capital Gain of Noncorporate Taxpayers.--In the case of taxable years beginning after December 31, 2012, the amount determined under subparagraph (C) of subsection (b)(3) shall be the sum of-- ``(1) 15 percent of the lesser of-- ``(A) so much of the adjusted net capital gain (or, if less, taxable excess) as exceeds the amount on which tax is determined under subparagraph (B) of subsection (b)(3), or ``(B) the excess described in section 1(h)(1)(C)(ii), plus ``(2) 20 percent of the adjusted net capital gain (or, if less, taxable excess) in excess of the sum of the amounts on which tax is determined under subsection (b)(3)(B) and paragraph (1).''. (4) Conforming amendments.-- (A) The following provisions are amended by striking ``15 percent'' and inserting ``20 percent'': (i) Section 1445(e)(1) of the Internal Revenue Code of 1986. (ii) The second sentence of section 7518(g)(6)(A) of such Code. (iii) Section 53511(f)(2) of title 46, United States Code. (B) Sections 531 and 541 of the Internal Revenue Code of 1986 are each amended by striking ``15 percent of'' and inserting ``the product of the highest rate of tax under section 1(c) and''. (C) Section 1445(e)(6) of such Code is amended by striking ``15 percent (20 percent in the case of taxable years beginning after December 31, 2010)'' and inserting ``20 percent''. (5) Application of sunset.--Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 shall apply to the amendments made by this subsection to the same extent and in the same manner as such section applies to the amendments made by title III of such Act. (c) 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, 2012. (2) Withholding.--The amendments made by subparagraphs (A)(i) and (C) of subsection (b)(4) shall apply to amounts paid on or after January 1, 2013. SEC. 4. EXTENSION OF 2009 TAX RELIEF. (a) American Opportunity Tax Credit.-- (1) In general.--Section 25A(i) of the Internal Revenue Code of 1986 is amended by striking ``or 2012'' and inserting ``2012, or 2013''. (2) Treatment of possessions.--Section 1004(c)(1) of the American Recovery and Reinvestment Tax Act of 2009 is amended by striking ``and 2012'' each place it appears and inserting ``2012, and 2013''. (b) Child Tax Credit.--Section 24(d)(4) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and 2012'' in the heading and inserting ``2012, and 2013'', and (2) by striking ``or 2012'' and inserting ``2012, or 2013''. (c) Earned Income Tax Credit.--Section 32(b)(3) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and 2012'' in the heading and inserting ``2012, and 2013'', and (2) by striking ``or 2012'' and inserting ``2012, or 2013''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2012.

Working Families Tax Protection Act of 2012 - Extends through 2013 the terminating date for provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 relating to: (1) individual income tax rate reductions, (2) tax benefits related to children and adoption, (3) reduction of the marriage penalty, and (4) education assistance. Denies such extension to taxpayers whose income exceeds $500,000. Extends through 2013 the terminating date for provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003 relating to reductions in the tax rate for dividend and capital gain income. Denies such extension to taxpayers whose income is taxed at the maximum income tax rate. Amends the Internal Revenue Code to extend through 2013: (1) the increased American Opportunity tax credit, (2) the increase in the refundable portion of the child tax credit, and (3) the increased earned income tax credit percentage for three or more qualifying children.

To provide a temporary extension for the middle class of certain tax relief enacted in 2001, 2003, and 2009.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Working Waterfront Preservation Act of 2005''. SEC. 2. COMMERCIAL FISHING ACCESS PROTECTION PROGRAM. The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) is amended by adding at the end the following new title: ``TITLE V--GRANTS FOR COMMERCIAL FISHING ACCESS ``SEC. 501. DEFINITIONS. ``In this title: ``(1) Coastal state.--The term `Coastal State' has the meaning given the term `coastal state' in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453). ``(2) Coastal waters.--The term `coastal waters' has the meaning given that term in section 304 of the Coastal Zone Management Act of 1971 (16 U.S.C. 1453). ``(3) Eligible entity.--The term `eligible entity' means-- ``(A) the government of a Coastal State; ``(B) a unit of local government within a Coastal State; or ``(C) a nonprofit organization or a fishing cooperative that the Secretary determines is appropriate to receive a grant under section 502. ``(4) Eligible project.--The term `eligible project' means-- ``(A) a project to acquire real property or an interest in real property located in a Coastal State for the purpose of providing access to persons engaged in the commercial fishing industry or the aquaculture industry to coastal waters in working waterfront areas; or ``(B) a project to make improvements to real property located in a Coastal State and owned by an eligible entity, including the construction or repair of wharfs or related facilities, to provide access to persons engaged in the commercial fishing industry or the aquaculture industry to coastal waters in working waterfront areas. ``(5) Fishing cooperative.--The term `fishing cooperative' means a fishing or fish marketing association organized in a coastal state for the purpose of a promoting, fostering, and encouraging fishing or marketing of fish and fishery products through cooperation of its members and for the benefit of their members as producers of such products. ``(6) Nonprofit organization.--The term `nonprofit organization' means an organization that is-- ``(A) described in section 501(c) of the Internal Revenue Code of 1986; and ``(B) exempt from taxation under section 501(a) of the Internal Revenue Code of 1986. ``(7) State fisheries official.--The term `State fisheries official' means the principal State official with marine fishery management responsibility and expertise in a coastal State, who is designated as such by the Governor of the State, so long as the official continues to hold such position, or the designee of such official. ``(8) Working waterfront areas.--The term `working waterfront areas' means land that is used for or that supports commercial fishing or the aquaculture industry. ``SEC. 502. GRANT PROGRAM. ``(a) In General.--The Secretary is authorized to award a grant to an eligible entity for the purpose of carrying out an eligible project. ``(b) Considerations.--In awarding a grant for an eligible project under this section, the Secretary shall consider-- ``(1) the need for the eligible project based on the assessment of need submitted under subsection (c)(2)(A); ``(2) the economic significance of the eligible project to the commercial fishing industry or the aquaculture industry in the immediate vicinity and in the Coastal State in which the eligible project is located; ``(3) the degree of community support for the eligible project; ``(4) the level of threat of that the property proposed to be acquired or improved with such grant will be converted to uses incompatible with commercial fishing or the aquaculture industry; ``(5) the utility of the eligible project for commercial fishing or the aquaculture industry, with respect to the natural characteristics and developed infrastructure of the property proposed to be acquired; ``(6) whether a business plan or a harbor plan exists for the area in which the project will be located and whether the eligible project is consistent with such plan; ``(7) for an eligible project described in section 501(4)(A), the availability of alternative real property or an alternative interest in real property that would ensure that persons engaged in the commercial fishing industry or the aquaculture industry have access to coastal waters in working waterfront areas; and ``(8) whether a land use plan exists for the area in which the project will be located and whether the project is consistent with such plan. ``(c) Application and Review.-- ``(1) In general.--An eligible entity that seeks a grant under this section shall submit to the appropriate State fisheries official, at such time and in such manner as the Secretary shall prescribe, an application for the grant. ``(2) Assessment of need.--An application for a grant may be considered by the Secretary if the appropriate State fisheries official-- ``(A) prepares an assessment of the need for the proposed eligible project, taking into account-- ``(i) the needs of the commercial fishing industry or the aquaculture industry in the State; ``(ii) the needs of other industries and other parties in the area in which the project will be located; ``(iii) whether alternative sites exist for the proposed project; and ``(iv) the social and cultural value of the industries to the affected community and State; and ``(B) submits to the Secretary-- ``(i) the application submitted under paragraph (1); and ``(ii) the assessment of need prepared under subparagraph (A). ``(d) Cost Sharing.-- ``(1) In general.--The amount of a grant awarded under this section to carry out an eligible project may not exceed 75 percent of the total cost of the eligible project. ``(2) Assurances.--As a condition of receipt of a grant under this section, an eligible entity shall provide to the Secretary such assurances as the Secretary determines are sufficient to demonstrate that the share of the cost of each eligible project that is not funded by the grant awarded under this section has been secured. ``(3) Form.--The share of the cost of carrying out an eligible project that is not funded by a grant awarded under this section may be provided in cash or in kind (including a donation of land). ``(e) Use of Grant Funds for Eligible Projects.-- ``(1) Purchases.-- ``(A) In general.--Except as provided in subparagraph (B), grants awarded under this section may be used to purchase privately-owned real property or interests in privately-owned real property, including easements, only from willing sellers at fair market value. ``(B) Sales at less than fair market value.--A grant awarded under this section may be used to acquire privately-owned real property or an interest in privately-owned real property at less than fair market value only if the owner certifies to the Secretary that the sale is being entered into willingly and without coercion. ``(C) No exercise of eminent domain.--No Federal, State, or local agency may exercise the power of eminent domain to secure title to any real property or facilities in connection with a project carried out under this title. ``(2) Title.--Title to real property or an interest in real property acquired with a grant awarded under this section may be held, as determined appropriate by the Secretary in consultation with the appropriate Coastal State, by-- ``(A) the Coastal State; ``(B) a unit of local government of the Coastal State; ``(C) a nonprofit organization; or ``(D) a fishing cooperative. ``(f) Continued Access to Coastal Waters.-- ``(1) Requirement for agreement.--The Secretary shall enter into an agreement with an eligible entity that receives a grant under this section. Such agreement shall require the eligible entity to provide the Secretary the assurances that the Secretary determines are appropriate to ensure that the eligible project is not converted to a use that is inconsistent with the purposes for which the grant was awarded. ``(2) Reversionary interest.-- ``(A) In general.--If the Governor of a Coastal State makes a determination described in subparagraph (B), all right, title, and interest in and to the property shall, except as provided in subparagraph (C), revert, at the option of the Governor, to the Coastal State, and the State shall have the right of immediate entry onto the property. Any determination of the Governor under this paragraph shall be made on the record after an opportunity for a hearing. ``(B) Determination.--The determination referred to in subparagraph (A) is a determination that-- ``(i) the unit of local government or nonprofit organization is unable or unwilling to enforce the terms of the easement; or ``(ii) the easement has been modified in a manner that is inconsistent with the purposes for which the grant was awarded. ``(C) Conveyance to another unit of local government or nonprofit organization.--If the Governor of a Coastal State makes a determination under subparagraph (B), the State may convey or authorize the unit of local government or nonprofit organization to convey the easement to another unit of local government or nonprofit organization. ``(g) Approval or Disapproval.-- ``(1) In general.--Subject to paragraph (2), as soon as practicable after the date on which the Secretary receives an application under subsection (c)(2)(B), the Secretary shall-- ``(A) review the application; and ``(B)(i) award a grant to the applicant; or ``(ii) disapprove the application and provide the applicant a statement that describes the reasons why the application was disapproved, including a deadline by which the applicant may resubmit the application. ``(h) Administrative Costs.--A Coastal State, on approval of the Secretary and subject to any regulations promulgated by the Secretary, may use up to 10 percent of the amounts made available under this section to pay the administrative costs of the Coastal State relating to the program. ``(i) Treatment of Purchase Proceeds.--For purposes of the Internal Revenue Code of 1986, gross income shall not include 50 percent of the gain from the sale or exchange of private land or interests in private land in purchases described in subsection (e)(1). ``SEC. 503. ANNUAL REPORT. ``The Secretary shall submit to Congress an annual report that describes the eligible projects carried out using grants awarded under this title.''. SEC. 3. AUTHORIZATION OF APPROPRIATION. There are authorized to be appropriated to the Secretary of Commerce $50,000,000 for each of the fiscal years 2005 and 2007 to carry out the provisions of title V of the Magnuson-Stevens Fishery Conservation and Management Act, as added by section 2.

Working Waterfront Preservation Act of 2005 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to authorize the Secretary of Commerce to award a grant to a state or local government of a coastal state, a nonprofit organization, or a fishing cooperative for projects to: (1) acquire real property in a coastal state to provide access to commercial fishermen or persons in the aquaculture industry to coastal waters in working waterfront areas; or (2) make improvements to real property owned by an eligible entity in a coastal state to provide access to such persons to coastal waters in working waterfront areas.

A bill to amend the Magnuson-Stevens Fishery Conservation and Management Act to establish a grant program to ensure waterfront access for commercial fisherman, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Invasive Species Council Act''. SEC. 2. STATEMENT OF POLICY REGARDING FEDERAL DUTIES. (a) In General.--No Federal agency may authorize, fund, or carry out any action that would likely cause or promote the introduction or spread of an invasive species in the United States or any other location, unless the head of the Federal agency, at his or her sole discretion and pursuant to guidelines developed under subsection (b), determines that-- (1) the benefits of the action under consideration clearly outweigh the potential harm to the environment, economy, or human health caused by the introduction or spread of the invasive species; and (2) all feasible and prudent measures to minimize risk of harm to the environment, economy, or human health will be taken in carrying out the actions. (b) Guidelines.--The Council for Environmental Quality, in conjunction with the Invasive Species Council, shall develop guidelines for Federal agencies to analyze actions pursuant to this section. SEC. 3. NATIONAL INVASIVE SPECIES COUNCIL. (a) Establishment.--There is established as an independent entity within the executive branch the National Invasive Species Council. The Council shall provide leadership and coordination among Federal agencies, and between the Federal Government and State and local governments, with respect to effort to minimize the economic, ecological, and human health impacts that invasive species cause and reduce the threat of further invasions. (b) Membership.-- (1) In general.--The Council shall consist of the following members: (A) The Secretary of the Interior. (B) The Secretary of Agriculture. (C) The Secretary of Commerce. (D) The Secretary of State. (E) The Secretary of the Treasury. (F) The Secretary of Defense. (G) The Secretary of Transportation. (H) The Secretary of Health and Human Services. (I) The Administrator of the Environmental Protection Agency. (J) The Administrator of the United States Agency for International Development. (K) Such additional members as may be appointed under paragraph (2). (2) Additional members.--With the concurrence of a majority of the members of the Council, the Chair of the Council may appoint additional members to the Council from among individuals who are officers or employees of the Federal Government with significant responsibilities concerning invasive species. (c) Chair.--The Secretary of the Interior shall serve as chair of the Council for the three-year period beginning on the date of the enactment of this Act. Thereafter, the chair shall rotate every three years among the following members, in the order stated: (1) The Secretary of Agriculture. (2) The Secretary of Commerce. (3) The Secretary of the Interior. (d) Meetings.--The Council shall meet at least semiannually, at the call of chair. (e) Executive Director.-- (1) Appointment.--The President shall appoint the Executive Director of the Council, by and with the advice and consent of the Senate. (2) Consultation.--Before appointing an individual under paragraph (1), the President shall consult with the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Commerce. (3) Qualifications.--An individual appointed under this subsection must have legal or scientific experience and training in the area of natural resources, ecology, or agriculture, and experience in dealing with public policy matters regarding aquatic and terrestrial invasive species. (4) Term.--The Executive Director of the Council shall serve a term of six years, unless removed earlier by the President. (5) Compensation.--The Executive Director shall be paid at the maximum rate of basic pay for GS-15 of the General Schedule. SEC. 4. DUTIES. (a) In General.--The Council shall ensure that Federal agency efforts concerning invasive species are coordinated, effective, complementary, and cost-efficient. (b) Specific Functions.--To carry out subsection (a) the Council shall perform the following functions: (1) Coordinate with existing organizations addressing invasive species, such as the Aquatic Nuisance Species Task Force, the Federal Interagency Committee for the Management of Noxious and Exotic Weeds, regional panels established under the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.), and the White House Office of Science and Technology Policy, to implement the National Management Plan. (2) Develop recommendations for international cooperation between Federal and State Governments and other nations on tools, policies, and methods to prevent the introduction and export of invasive species into and from, respectively, the United States. (3) Develop guidelines for Federal agency efforts to ensure that Federal programs concerning invasive species, including outreach programs, are coordinated with State, local, and tribal governments. (4) Develop, in consultation with the Council on Environmental Quality, guidance to Federal agencies pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) on prevention, control, and eradication of invasive species. (5) Establish and maintain a publicly accessible, coordinated, up-to-date information sharing system that-- (A) allows the access to and exchange of information among Federal agencies and the public; and (B) utilizes, to the greatest extent practicable, the Internet. (6) Ensure that Federal agencies implement the plans, programs, and policies adopted by the Council in the National Management Plan through appropriate actions, including working in cooperation with Federal agencies on development of budgets pursuant to the President's annual budget submission to the Congress. (7) Evaluate Federal programs that are likely to cause or promote the introduction or spread of invasive species in the United States, and recommend actions Federal agencies can take to minimize the risk of introductions or further spread of invasive species. (8) Develop and submit to the appropriate Committees of the House of Representatives and Senate and the Director of the Office of Management and Budget an annual list of priorities, ranked in high, medium, and low categories, of Federal efforts and programs in the following areas: (A) Prevention. (B) Eradication. (C) Control. (D) Monitoring. (E) Research. (F) Outreach. SEC. 5. NATIONAL INVASIVE SPECIES MANAGEMENT PLAN. (a) Development.-- (1) In general.--The Council shall develop a National Invasive Species Management Plan that details and recommends performance-oriented goals and specific measures of success for carrying out each of the Federal agency activities related to invasive species. (2) Development process.--The National Management Plan shall be developed through a public process and in consultation with Federal agencies, appropriate State and local entities, and other appropriate stakeholders. (3) Contents.--The National Management Plan shall include recommendations of effective, cost-efficient, environmentally sound, and science-based approaches for the following: (A) Prevention of the introduction of invasive species, including approaches for identifying pathways by which invasive species are introduced and for minimizing the risk of introductions via those pathways. Recommended approaches under this subparagraph shall provide for-- (i) a process to evaluate risks associated with the introduction and spread of invasive species; and (ii) a coordinated and systematic risk- based process to identify, monitor, and interdict pathways that may be involved in the introduction of invasive species. (B) Cooperating with other nations to increase their capacity to control their invasive species and to prevent the spread of invasive species across international borders. (C) Rapidly detecting and responding to incipient invasions of invasive species. (D) Managing new and established populations of invasive species by eradicating them or controlling their spread. (E) Accurately and reliably monitoring new and established populations of invasive species. (F) Restoring native species and habitat conditions in ecosystems that have been invaded by invasive species. (G) Evaluating and documenting the impacts of invasive species on the economy, the environment, and human health. (H) Conducting research on the matters referred to in subparagraphs (A) through (F). (I) Developing technologies to prevent the introduction and provide for the management of invasive species. (J) Promoting public education on invasive species and the means to address them. (4) Identification of needed personnel, etc.--The National Management Plan shall identify the personnel, other resources, and additional levels of coordination needed to achieve the goals included in the plan. (b) Existing Plan.--The Management Plan of the National Invasive Species Council adopted in 2001 shall be treated as the National Management Plan required under subsection (a) until the date of the issuance of the National Management plan in accordance with subsection (c). (c) Issuance and Update of National Management Plan.--The Council shall-- (1) issue the National Management Plan required under subsection (a) by not later than December 31, 2003; (2) update the National Management Plan by not later than December 31 biennially; and (3) concurrently with the process of updating the National Management Plan, evaluate and report to the Congress on success in achieving the goals set forth in the National Management Plan. (d) Agency Reports.--Within 18 months after the date of the issuance of any edition of the National Management Plan that recommends action by a Federal agency, the head of such agency shall report to the Congress any of such actions that the agency has not taken, with an explanation of why the action is not feasible. SEC. 6. INVASIVE SPECIES ADVISORY COMMITTEE. (a) In General.--The Council shall have an advisory committee to provide information and advice for consideration by the Council, which shall be known as the Invasive Species Advisory Committee. Except as otherwise provided in this section, the advisory committee shall be organized, perform the functions, and have the authorities specified in the charter for such advisory committee signed by the Secretary of the Interior on October 30, 2001. (b) Appointment.--Members of the advisory committee shall be appointed by the chair of the Council, after consultation with the other members of the Council, from among individuals representing stakeholders with respect to Federal programs for minimizing the economic, ecological, and human health impacts that invasive species cause. (c) Functions.--In addition to the functions specified in the charter referred to in subsection (a), the advisory committee shall recommend to the Council plans and actions at local, tribal, State, regional, and ecosystem-based levels to achieve the goals of the National Management Plan required under section 5. (d) Continuing Operation of Existing Committee.--Any advisory committee appointed before the date of the enactment of this Act pursuant to the charter referred to in subsection (a) may continue in effect under this section. SEC. 7. BUDGET CROSSCUT. The Director of the Office of Management and Budget shall prepare and submit to the Congress and the Council, by not later than March 31 of 2003 and of each year thereafter, a budget analysis and summary of all Federal programs relating to invasive species SEC. 8. DEFINITIONS. In this Act: (1) Council.--The term ``Council'' means the National Invasive Species Council established by section 3(a). (2) Invasive species.--The term ``invasive species'' means a species-- (A) that is nonnative to the ecosystem under consideration; and (B) the introduction of which causes or may cause harm to the economy, the environment, or human health. (3) National management plan.--The term ``National Management Plan'' means the National Invasive Species Management Plan developed by the Council under section 5(a). (4) Species.--The term ``species'' means a category of taxonomic classification ranking below a genus or subgenus and consisting of related organisms capable of interbreeding. SEC. 9. EXISTING EXECUTIVE ORDER. Executive Order 13112, dated February 3, 1999, shall have no force or effect. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $2,000,000 for each of fiscal years 2004 through 2006.

National Invasive Species Council Act - Declares that no Federal agency may authorize, fund, or carry out any action that would likely cause or promote the introduction or spread of an invasive species in the United States or any other location, unless the agency head determines that: (1) the benefits outweigh the potential harm to the environment, economy, or human health; and (2) all feasible and prudent measures to minimize the risk or harm will be taken. Requires the Council for Environmental Quality, in conjunction with the National Invasive Species Council, to develop guidelines for such measures.Establishes within the executive branch the National Invasive Species Council to ensure that Federal agency efforts concerning invasive species are coordinated, effective, complementary, and cost-efficient.Requires the Council to develop a National Invasive Species Management Plan that details and recommends performance-oriented goals.Requires the Council to create the Invasive Species Advisory Committee to provide information and advice for consideration by the Council.Requires the Director of the Office of Management and Budget to prepare and submit to Congress and the Council a yearly budget analysis and summary of all Federal programs relating to invasive species.

To establish the National Invasive Species Council, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Mental Health and Addiction Safety Net Equity Act of 2010''. SEC. 2. FEDERALLY QUALIFIED BEHAVIORAL HEALTH CENTERS. Section 1913 of the Public Health Service Act (42 U.S.C. 300x-3) is amended-- (1) in subsection (a)(2)(A), by striking ``community mental health services'' and inserting ``behavioral health services (of the type offered by federally qualified behavioral health centers consistent with subsection (c)(3))''; (2) in subsection (b)-- (A) by striking paragraph (1) and inserting the following: ``(1) services under the plan will be provided only through appropriate, qualified community programs (which may include federally qualified behavioral health centers, child mental health programs, psychosocial rehabilitation programs, mental health peer-support programs, and mental health primary consumer-directed programs); and''; and (B) in paragraph (2), by striking ``community mental health centers'' and inserting ``federally qualified behavioral health centers''; and (3) by striking subsection (c) and inserting the following: ``(c) Criteria for Federally Qualified Behavioral Health Centers.-- ``(1) In general.--The Administrator shall certify, and recertify at least every 5 years, federally qualified behavioral health centers as meeting the criteria specified in this subsection. ``(2) Regulations.--Not later than 18 months after the date of the enactment of the Community Mental Health and Addiction Safety Net Equity Act of 2010, the Administrator shall issue final regulations for certifying non-profit or local government centers as centers under paragraph (1). ``(3) Criteria.--The criteria referred to in subsection (b)(2) are that the center performs each of the following: ``(A) Provide services in locations that ensure services will be available and accessible promptly and in a manner which preserves human dignity and assures continuity of care. ``(B) Provide services in a mode of service delivery appropriate for the target population. ``(C) Provide individuals with a choice of service options where there is more than one efficacious treatment. ``(D) Employ a core staff of clinical staff that is multidisciplinary and culturally and linguistically competent. ``(E) Provide services, within the limits of the capacities of the center, to any individual residing or employed in the service area of the center, regardless of the ability of the individual to pay. ``(F) Provide, directly or through contract, to the extent covered for adults in the State Medicaid plan under title XIX of the Social Security Act and for children in accordance with section 1905(r) of such Act regarding early and periodic screening, diagnosis, and treatment, each of the following services: ``(i) Screening, assessment, and diagnosis, including risk assessment. ``(ii) Person-centered treatment planning or similar processes, including risk assessment and crisis planning. ``(iii) Outpatient clinic mental health services, including screening, assessment, diagnosis, psychotherapy, substance abuse counseling, medication management, and integrated treatment for mental illness and substance abuse which shall be evidence-based (including cognitive behavioral therapy and other such therapies which are evidence-based). ``(iv) Outpatient clinic primary care services, including screening and monitoring of key health indicators and health risk (including screening for diabetes, hypertension, and cardiovascular disease and monitoring of weight, height, body mass index (BMI), blood pressure, blood glucose or HbA1C, and lipid profile). ``(v) Crisis mental health services, including 24-hour mobile crisis teams, emergency crisis intervention services, and crisis stabilization. ``(vi) Targeted case management (services to assist individuals gaining access to needed medical, social, educational, and other services and applying for income security and other benefits to which they may be entitled). ``(vii) Psychiatric rehabilitation services including skills training, assertive community treatment, family psychoeducation, disability self-management, supported employment, supported housing services, therapeutic foster care services, and such other evidence-based practices as the Secretary may require. ``(viii) Peer support and counselor services and family supports. ``(G) Maintain linkages, and where possible enter into formal contracts with the following: ``(i) Inpatient psychiatric facilities and substance abuse detoxification and residential programs. ``(ii) Adult and youth peer support and counselor services. ``(iii) Family support services for families of children with serious mental disorders. ``(iv) Other community or regional services, supports, and providers, including schools, child welfare agencies, juvenile and criminal justice agencies and facilities, housing agencies and programs, employers, and other social services. ``(v) Onsite or offsite access to primary care services. ``(vi) Enabling services, including outreach, transportation, and translation. ``(vii) Health and wellness services, including services for tobacco cessation.''. SEC. 3. MEDICAID COVERAGE AND PAYMENT FOR FEDERALLY QUALIFIED BEHAVIORAL HEALTH CENTER SERVICES. (a) Payment for Services Provided by Federally Qualified Behavioral Health Centers.--Section 1902(bb) of the Social Security Act (42 U.S.C. 1396a(bb)) is amended-- (1) in the heading, by striking ``and Rural Health Clinics'' and inserting ``, Federally Qualified Behavioral Health Centers, and Rural Health Clinics''; (2) in paragraph (1), by inserting ``(and beginning with fiscal year 2011 with respect to services furnished on or after January 1, 2011, and each succeeding fiscal year, for services described in section 1905(a)(2)(D) furnished by a federally qualified behavioral health center)'' after ``by a rural health clinic''; (3) in paragraph (2)-- (A) by striking the heading and inserting ``Initial fiscal year''; (B) by inserting ``(or, in the case of services described in section 1905(a)(2)(D) furnished by a federally qualified behavioral health center, for services furnished on and after January 1, 2011, during fiscal year 2011)'' after ``January 1, 2001, during fiscal year 2001''; (C) by inserting ``(or, in the case of services described in section 1905(a)(2)(D) furnished by a federally qualified behavioral health center, during fiscal years 2009 and 2010)'' after ``1999 and 2000''; and (D) by inserting ``(or, in the case of services described in section 1905(a)(2)(D) furnished by a federally qualified behavioral health center, during fiscal year 2011)'' before the period; (4) in paragraph (3)-- (A) in the heading, by striking ``Fiscal year 2002 and succeeding'' and inserting ``Succeeding''; and (B) by inserting ``(or, in the case of services described in section 1905(a)(2)(D) furnished by a federally qualified behavioral health center, for services furnished during fiscal year 2012 or a succeeding fiscal year)'' after ``2002 or a succeeding fiscal year''; (5) in paragraph (4)-- (A) by inserting ``(or as a federally qualified behavioral health center after fiscal year 2010)'' after ``or rural health clinic after fiscal year 2000''; (B) by striking ``furnished by the center or'' and inserting ``furnished by the federally qualified health center, services described in section 1905(a)(2)(D) furnished by the federally qualified behavioral health center, or''; (C) in the second sentence, by striking ``or rural health clinic'' and inserting ``, federally qualified behavioral health center, or rural health clinic''; (6) in paragraph (5), in each of subparagraphs (A) and (B), by striking ``or rural health clinic'' and inserting ``, federally qualified behavioral health center, or rural health clinic''; and (7) in paragraph (6), by striking ``or to a rural health clinic'' and inserting ``, to a federally qualified behavioral health center for services described in section 1905(a)(2)(D), or to a rural health clinic''. (b) Inclusion of Federally Qualified Behavioral Health Center Services in the Term Medical Assistance.--Section 1905(a)(2) of the Social Security Act (42 U.S.C. 1396d(a)(2)) is amended-- (1) by striking ``and'' before ``(C)''; and (2) by inserting before the semicolon at the end the following: ``, and (D) federally qualified behavioral health center services (as defined in subsection (l)(4))''. (c) Definition of Federally Qualified Behavioral Health Center Services.--Section 1905(l) of the Social Security Act (42 U.S.C. 1396d(l)) is amended by adding at the end the following paragraph: ``(4)(A) The term `federally qualified behavioral health center services' means services furnished to an individual at a federally qualified behavioral health center (as defined by subparagraph (B). ``(B) The term `federally qualified behavioral health center' means an entity that is certified under section 1913(c) of the Public Health Service Act as meeting the criteria described in paragraph (3) of such section.''. SEC. 4. MENTAL HEALTH AND ADDICTION SAFETY NET STUDIES. (a) Paperwork Reduction Study.-- (1) In general.--Not later than 12 months after the date of the enactment of this Act, the Institute of Medicine shall submit to the appropriate committees of Congress a report that evaluates the combined paperwork burden of federally qualified behavioral health centers certified section 1913(c) of the Public Health Service Act, as inserted by section 2. (2) Scope.--In preparing the report under paragraph (1), the Institute of Medicine shall examine licensing, certification, service definitions, claims payment, billing codes, and financial auditing requirements utilized by the Office of Management and Budget, the Centers for Medicare & Medicaid Services, the Health Resources and Services Administration, the Substance Abuse and Mental Health Services Administration, the Office of the Inspector General, State Medicaid agencies, State departments of health, State departments of education, and State and local juvenile justice and social services agencies to-- (A) establish an estimate of the combined nationwide cost of complying with the requirements described in this paragraph, in terms of both administrative funding and staff time; (B) establish an estimate of the per capita cost to each federally qualified behavioral health center certified under section 1913(c) of the Public Health Service Act to comply with the requirements described in this paragraph, in terms of both administrative funding and staff time; and (C) make administrative and statutory recommendations to Congress, which may include a uniform methodology, to reduce the paperwork burden experienced by such federally qualified behavioral health centers. (3) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $550,000 for each of the fiscal years 2012 and 2013. (b) Wage Study.-- (1) In general.--Not later than 12 months after the date of the enactment of this Act, the Institute of Medicine shall conduct a nationwide analysis, and submit a report to the appropriate committees of Congress, concerning the compensation structure of professional and paraprofessional personnel employed by federally qualified behavioral health centers certified under section 1913(c) of the Public Health Service Act, as inserted by section 2, as compared with the compensation structure of comparable health safety net providers and relevant private sector health care employers. (2) Scope.--In preparing the report under paragraph (1), the Institute of Medicine shall examine compensation disparities, if such disparities are determined to exist, by type of personnel, type of provider or private sector employer, and by geographic region. (3) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection, $550,000 for each of the fiscal years 2012 and 2013.

Community Mental Health and Addiction Safety Net Equity Act of 2010 - Amends the Public Health Service Act to replace community mental health centers with federally qualified behavioral health centers which treat substance abuse in addition to mental illness and other conditions. Amends title XIX (Medicaid) of the Social Security Act to extend Medicaid coverage to federally qualified behavioral health center services. Directs the Institute of Medicine to: (1) evaluate for Congress the combined paperwork burden of federally qualified behavioral health centers; and (2) analyze and report to Congress on the compensation structure of professional and paraprofessional personnel employed by federally qualified behavioral health centers nationwide as compared with the compensation structure of comparable health safety net providers and relevant private sector health care employers.

To establish Federally Qualified Behavioral Health Centers and to require Medicaid coverage for services provided by such Centers.

SECTION 1. REFERENCES. References in this Act to ``the Act'' are references to the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 2. WAIVERS AND MODIFICATIONS. Notwithstanding any other provision of law, unless enacted with specific reference to this section, the Secretary is authorized to waive or modify any statutory or regulatory provision applicable to the student financial assistance programs under title IV of the Act, or any student or institutional eligibility provisions in the Act, as the Secretary deems necessary in connection with a Gulf hurricane disaster to ensure that-- (1) the calculation of expected family contribution under section 474 of the Act used in the determination of need for student financial assistance under title IV of the Act for any affected student (and the determination of such need for his or her family, if applicable), is modified to reflect any changes in the financial condition of such affected student and his or her family resulting from a Gulf hurricane disaster; and (2) institutions of higher education, systems of institutions, or consortia of institutions that are located in an area affected by a Gulf hurricane disaster, or that are serving affected students, are eligible, notwithstanding section 486(d) of the Act, to apply for participation in the distance education demonstration program under section 486 of the Act, except that the Secretary shall include in reports under section 486(f) of the Act an identification of those institutions, systems, and consortia that were granted participation in the demonstration program due to a Gulf hurricane disaster. SEC. 3. CANCELLATION OF INSTITUTIONAL REPAYMENT BY COLLEGES AND UNIVERSITIES AFFECTED BY A GULF HURRICANE DISASTER. Notwithstanding any provision of title IV of the Act or any regulation issued thereunder, the Secretary shall cancel any obligation of an affected institution to return or repay any funds the institution received before the date of enactment of this Act for, or on behalf of, its students under subpart 1 or 3 of part A or parts B, C, D, or E of title IV of the Act for any cancelled enrollment period. SEC. 4. CANCELLATION OF STUDENT LOANS FOR CANCELLED ENROLLMENT PERIODS. (a) Loan Forgiveness Authorized.--Notwithstanding any provision of title IV of the Act, the Secretary shall discharge all loan amounts under parts B and D of title IV of the Act, and cancel any loan made under part E of such title, disbursed to, or on behalf of, an affected student for a cancelled enrollment period. (b) Reimbursement.--The Secretary shall-- (1) reimburse each affected institution for any amounts discharged under subsection (a) with respect to a loan under part E of title IV of the Act in the same manner as is required by section 465(b) of the Act with respect to a loan cancelled under section 465(a) of the Act; and (2) reimburse lenders for the purpose of discharging any loan amounts disbursed to, or on behalf of, an affected student under part B of title IV of the Act for a cancelled enrollment period. (c) Limitation on Consolidation Loans.--A loan amount for a loan made under section 428C of the Act or a Federal Direct Consolidation Loan may be eligible for discharge under this section only to the extent that such loan amount was used to repay a loan to an affected student for a cancelled enrollment period. (d) Construction.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. SEC. 5. TEMPORARY DEFERMENT OF STUDENT LOAN REPAYMENT. An affected individual who is a borrower of a qualified student loan or a qualified parent loan shall be granted a deferment, not in excess of 6 months, during which periodic installments of principal need not be paid, and interest-- (1) shall accrue and be paid by the Secretary, in the case of a loan made under section 428, 428B, 428C, or 428H of the Act; (2) shall accrue and be paid by the Secretary to the Perkins loan fund held by the institution of higher education that made the loan, in the case of a loan made under part E of title IV of the Act; and (3) shall not accrue, in the case of a Federal Direct Loan made under part D of such title. SEC. 6. NO AFFECT ON GRANT AND LOAN LIMITS. Notwithstanding any provision of title IV of the Act or any regulation issued thereunder, no grant or loan funds received by an affected student under title IV of the Act for a cancelled enrollment period shall be counted against such affected student's annual or aggregate grant or loan limits for the receipt of grants or loans under that title. SEC. 7. TEACHER LOAN RELIEF. The Secretary may waive the requirement of sections 428J(b)(1) and 460(b)(1)(A) of the Act that the 5 years of qualifying service be consecutive academic years for any teacher whose employment was interrupted if-- (1) the teacher was employed in qualifying service, at the time of a Gulf hurricane disaster, in a school located in an area affected by a Gulf hurricane disaster; and (2) the teacher resumes qualifying service not later than the beginning of academic year 2006-2007 in that school or any other school in which employment is qualifying service under such section. SEC. 8. EXPANDING INFORMATION DISSEMINATION REGARDING ELIGIBILITY FOR PELL GRANTS. (a) In General.--The Secretary shall make special efforts, in conjunction with State efforts, to notify affected students and if applicable, their parents, who qualify for means-tested Federal benefit programs, of their potential eligibility for a maximum Pell Grant, and shall disseminate such informational materials as the Secretary deems appropriate. (b) Means-Tested Federal Benefit Program.--For the purpose of this section, the term ``means-tested Federal benefit program'' means a mandatory spending program of the Federal Government, other than a program under the Act, in which eligibility for the program's benefits, or the amount of such benefits, or both, are determined on the basis of income or resources of the individual or family seeking the benefit, and may include such programs as the supplemental security income program under title XVI of the Social Security Act, the food stamp program under the Food Stamp Act of 1977, the free and reduced price school lunch program established under the Richard B. Russell National School Lunch Act, the temporary assistance to needy families program established under part A of title IV of the Social Security Act, and the women, infants, and children program established under section 17 of the Child Nutrition Act of 1966, and other programs identified by the Secretary. SEC. 9. PROCEDURES. (a) Deadlines and Procedures.--Sections 482(c) and 492 of the Act shall not apply to any waivers, modifications, or actions initiated by the Secretary under this Act. (b) Case-by-case Basis.--The Secretary is not required to exercise any waiver or modification authority under this Act on a case-by-case basis. SEC. 10. TERMINATION OF AUTHORITY. The authority of the Secretary to issue waivers or modifications under this Act shall expire at the conclusion of the 2005-2006 academic year, but the expiration of such authority shall not affect the continuing validity of any such waivers or modifications after such academic year. SEC. 11. DEFINITIONS. For purposes of this Act, except as otherwise specifically provided in this Act, the following terms have the following meanings: (1) Affected individual.--The term ``affected individual'' means an individual who has applied for or received student financial assistance under title IV of the Higher Education Act of 1965, and-- (A) who is an affected student; or (B) whose primary place of employment or residency was, as of August 29, 2005, in an area affected by a Gulf hurricane disaster. (2) Affected institution.--The term ``affected institution'' means an institution of higher education that-- (A) is located in an area affected by a Gulf hurricane disaster; and (B) has temporarily ceased operations as a consequence of a Gulf hurricane disaster, as determined by the Secretary. (3) Affected state.--The term ``affected State'' means the State of Alabama, Florida, Louisiana, Mississippi, or Texas. (4) Affected student.--The term ``affected student'' means an individual who has applied for or received student financial assistance under title IV of the Higher Education Act of 1965, and who-- (A) was enrolled or accepted for enrollment, as of August 29, 2005, at an institution of higher education in an area affected by a Gulf hurricane disaster; (B) was a dependent student enrolled or accepted for enrollment at an institution of higher education that is not in an area affected by a Gulf hurricane disaster, but whose parents resided or were employed, as of August 29, 2005, in an area affected by a Gulf hurricane disaster; or (C) was enrolled or accepted for enrollment at an institution of higher education, as of August 29, 2005, and whose attendance was interrupted because of a Gulf hurricane disaster. (5) Area affected by a gulf hurricane disaster.--The term ``area affected by a Gulf hurricane disaster'' means a county or parish, in an affected State, that has been designated by the Federal Emergency Management Agency for disaster assistance for individuals and households as a result of Hurricane Katrina or Hurricane Rita. (6) Cancelled enrollment period.--The term ``cancelled enrollment period'' means any period of enrollment at an affected institution during the academic year 2005. (7) Gulf hurricane disaster.--The term ``Gulf hurricane disaster'' means a major disaster that the President declared to exist, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and that was caused by Hurricane Katrina or Hurricane Rita. (8) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 102 of the Higher Education Act of 1965, except that the term does not include institutions under subsection (a)(1)(C) of that section. (9) Qualified student loan.--The term ``qualified student loan'' means any loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965, other than a loan under section 428B of such title or a Federal Direct Plus loan. (10) Qualified parent loan.--The term ``qualified parent loan'' means a loan made under section 428B of title IV of the Higher Education Act of 1965 or a Federal Direct Plus loan. (11) Secretary.--The term ``Secretary'' means the Secretary of Education.

Authorizes the Secretary of Education to waive or modify requirements under the Higher Education Act of 1965 for student financial assistance programs, or other student or institutional eligibility provisions, as necessary to reflect changes in the financial condition of affected students and their families resulting from Hurricane Katrina or Hurricane Rita (a Gulf hurricane disaster). Cancels: (1) certain institutional repayments by institutions of higher education affected by a Gulf hurricane disaster; and (2) student loans for affected students during certain cancelled enrollment periods. Provides for: (1) temporary deferment of student loan repayment by affected individuals; and (2) waiver of consecutive service requirements for affected individuals under a program of student loan forgiveness for school teachers. Directs the Secretary to make special efforts to notify affected students who qualify for a means-tested federal benefit program of their potential eligibility for a maximum Pell Grant and to disseminate informational materials regarding such eligibility.

To provide higher education relief to individuals and institutions affected by Hurricanes Katrina and Rita, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Black Hills National Forest and Rocky Mountain Research Station Improvement Act''. SEC. 2. SALE OR EXCHANGE OF LAND, BLACK HILLS NATIONAL FOREST, SOUTH DAKOTA. (a) In General.--The Secretary of Agriculture (referred to in this section as the ``Secretary'') may, under such terms and conditions as the Secretary may prescribe, sell or exchange any right, title, and interest of the United States in and to the approximately 362 acres contained in the following parcels of land in the State of South Dakota: (1) Tract BLKH-1 ``Spearfish Dwelling'' (approximately 0.24 acres); N\1/2\ of Lot 8 and Lot 9 of Block 16, Section 10, T6N, R2E, Black Hills Meridian. (2) Tract BLKH-2 ``Deadwood Garage'' (approximately 0.12 acres); Lots 9 and 11 of Block 34, Section 23, T5N, R3E, Black Hills Meridian. (3) Tract BLKH-3 ``Deadwood Dwellings'' (approximately 0.32 acres); Lots 12-16, inclusive, of Block 44, Section 23, T5N, R3E, Black Hill Meridian. (4) Tract BLKH-4 ``Hardy Work Center'' (approximately 150 acres); E\1/2\SW\1/4\SE\1/4\, SE\1/4\SE\1/4\, Section 19; NE\1/ 4\NW\1/4\NE\1/4\, E\1/2\NE\1/4\SE\1/4\, E\1/2\SE\1/4\NE\1/4\, NE\1/ 4\NE\1/4\, Section 30, T3N, R1E, Black Hills Meridian. (5) Tract BLKH-6 ``Pactola Work Center'' (approximately 100 acres); W\1/2\SW\1/4\NW\1/4\, W\1/2\NW\1/4\SW\1/4\, W\1/2\SW\1/ 4\SW\1/4\, SE\1/4\SW\1/4\SW\1/4\, Section 25; E\1/2\NE\1/4\SE\1/4\, SE\1/4\SE\1/4\NE\1/4\, Section 26, T2N, R5E, Black Hills Meridian. (6) Tract BLKH-7 ``Pactola Ranger District Office'' (approximately 8.25 acres); Lot 1 of Ranger Station Subdivision, Section 4, T1N, R7E, Black Hills Meridian. (7) Tract BLKH-8 ``Reder Administrative Site'' (approximately 82 acres); Lots 6 and 7, Section 29; Lot A of Reder Placer, Lot 19, NW\1/4\SE\1/4\NE\1/4\, Section 30, T1S, R5E, Black Hills Meridian. (8) Tract BLKH-9 ``Allen Gulch Properties'' (approximately 21 acres); Lot 14 less and except Tract STA #0029, Section 25, and Lot 1, Section 36, T1S, R4E, Black Hills Meridian. (9) Tract BLKH-10 ``Custer Ranger District Office'' (approximately 0.39 acres); Lots 4 and 9 of Block 125 and the East 15 feet of the vacated north/south alley adjacent to Lot 4, City of Custer, Section 26, T3S, R4E, Black Hills Meridian. (b) Technical Corrections.--The Secretary may make technical corrections to the legal descriptions in paragraphs (1) through (9) of subsection (a). (c) Applicable Authorities.--Except as otherwise provided in this section, any sale or exchange of land described in subsection (a) shall be subject to laws (including regulations) applicable to the conveyance and acquisition of land for National Forest System purposes. (d) Cash Equalization.--Notwithstanding any other provision of law, the Secretary may accept cash equalization payments in excess of 25 percent of the total value of the land described in subsection (a) from any exchange under subsection (a). (e) Solicitations of Offers.-- (1) In general.--In carrying out this section, the Secretary may use solicitations of offers for sale or exchange under this section on such terms and conditions as the Secretary may prescribe. (2) Rejection of offers.--The Secretary may reject any offer under this section if the Secretary determines that the offer is not adequate or not in the public interest. (f) Disposition of Funds.--Any funds received by the Secretary from a sale under this section or as cash equalization payments from an exchange under this section-- (1) shall be deposited into the fund established by Public Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a); and (2) shall be available for expenditure, on appropriation, for-- (A) the acquisition from willing sellers of land and interests in land in the State of South Dakota; and (B) the acquisition or construction of administrative improvements in connection with the Black Hills National Forest. (g) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 3. REPLACEMENT LABORATORY, ROCKY MOUNTAIN RESEARCH STATION, RAPID CITY, SOUTH DAKOTA. (a) In General.--There are authorized to be appropriated to the Secretary of Agriculture $2,100,000 for a laboratory facility for the Rocky Mountain Research Station in Rapid City, South Dakota, to replace the obsolete laboratory capability at the research station. The replacement facility shall be colocated with at least one of the administrative improvements for the Black Hills National Forest acquired or constructed under the authority of section 2(f)(2)(B). (b) Conditions on Acquisition of Property.--No funds available to carry out this section may be used to purchase or otherwise acquire property unless-- (1) the acquisition is from willing sellers; and (2) the property is located within the boundaries of the State of South Dakota. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Authorizes appropriations for construction of a replacement laboratory for the Rocky Mountain Research Station at Rapid City, South Dakota, to be colocated with at least one of the Forest administrative improvements. Requires any acquired property to be: (1) in South Dakota; and (2) from a willing seller.

Black Hills National Forest and Rocky Mountain Research Station Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Desalination Energy Consumption Reduction Act of 2006''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Qualified desalination facility.--The term ``qualified desalination facility'' means a facility that-- (A) produces for sale to domestic customers desalinated seawater, brackish groundwater, or surface water whose source water is greater than 1000 milligrams per liter total dissolved solids; (B) is owned or operated by-- (i) a State or any political subdivision, agency, authority, or instrumentality of a State; (ii) an Indian tribe; or (iii) a corporation responsible for providing municipal water service pursuant to State or tribal law; (C) is first used to produce commercial desalinated water for sale during the 10-year period beginning on October 1 of the first fiscal year occurring after the date of enactment of this Act; and (D) uses the best available technology as determined by the Secretary. (2) Indian tribe.--The term ``Indian tribe'' has the meaning given that term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(e)). (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (4) State.--The term ``State'' means the several States, the District of Columbia, Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Northern Mariana Islands. SEC. 3. DESALINATED WATER ENERGY CONSUMPTION REDUCTION INCENTIVE PAYMENTS. (a) Incentive Payments.--The Secretary shall make incentive payments in an amount determined under subsection (d) to the owners of qualified desalination facilities to encourage the utilization of the best available technology to reduce the consumption of electrical energy in the desalination process. (b) Agreement; Deadline.--The Secretary may not make any payment to the owner or operator of a quailfied desalination facility under this section unless, not later than the end of fiscal year 2018, the Secretary enters into a written agreement with the owner or operator to make such payment. (c) Payment Period.--The Secretary may make payments to the owner or operator of a qualified desalination facility under this section for a period not to exceed 10 years-- (1) beginning on the date on which the facility is first used to produce desalinated water; and (2) ending not later than September 30, 2028. (d) Amount of Payment.-- (1) In general.--Payments made by the Secretary under this section to the owner or operator of any qualified desalination facility shall be based on the amount of electrical energy conserved by the facility below the benchmarks included in the formula established under paragraph (2) during the payment period described in subsection (c), adjusted as provided in paragraph (3). (2) Base payment.--The Secretary shall establish a formula for making incentive payments to owners of qualified desalination facilities producing potable water from source waters ranging from 1,000 to 35,000 milligrams per liter total dissolved solids or more. The payment shall range from 30 cents per 1,000 gallons of potable water produced for any facility that can demonstrate a savings of .25 kilowatt hours per gallon to 90 cents per 1,000 gallons of potable water produced for any facility that can demonstrate a savings of 4.75 kilowatt hours per gallon from a benchmark for energy consumption by such facilities that ranges along a linear scale from 1.8 kilowatt hours per gallon for facilities utilizing source water of 1,000 milligrams per liter total dissolved solids to 14 kilowatt hours per gallon for facilities utilizing source water of 35,000 milligrams per liter total dissolved solids or more. (3) Adjustments.--In the case of any payment made to any person under this subsection in a fiscal year beginning after calendar year 2008, the amount of such payment shall be adjusted by multiplying such amount by the inflation adjustment factor (determined under section 45K(d)(2) of the Internal Revenue Code of 1986 by substituting ``2008'' for ``1979'' in subparagraph (B) thereof) for the calendar year in which the payment is made. (e) Application.--The Secretary may not make a grant to the owner or operator of a qualified desalination facility under this section unless the facility submits an application to the Secretary in such form, at such time, and containing such information and assurances as the Secretary may require. Further, as a part of the application the applicant shall provide a written assurance to the Secretary that the financial benefit of any incentive payments received by the applicant will be utilized for the benefit of the rate payers. (f) Limitation.--In any fiscal year not more than 60 percent of the funds made available by the Secretary under this section shall be made available to the owners or operators of qualified desalination facilities that obtain source water directly from the sea, an estuary, or from in-bank extraction wells that are of seawater origin. (g) Priority.--In awarding incentive payments under this section, the Secretary shall give priority to any application for a project that-- (1) uses innovative technologies to reduce the energy demand of the project; (2) uses renewable energy supplies in the desalination process; (3) provides regional water supply benefits; (4) provides a secure source of new water supplies for national defense activities; (5) reduces the threat of a water supply disruption as a result of a natural disaster or acts of terrorism; (6) uses technologies that minimize the damage to marine life; or (7) provides significant water quality benefits. (h) Budget Act Compliance.--The authority provided by this section may be exercised only in such amounts or to such extent as is provided in advance in appropriations Acts. (i) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary $200,000,000 to carry out this section for the period encompassing fiscal years 2008 through 2018.

Desalination Energy Consumption Reduction Act of 2006 - Requires the Secretary of Energy to make specified incentive payments to the owners of qualified desalination facilities for up to ten years to encourage the utilization of the best available technology to reduce the consumption of electrical energy in the desalination process. Limits to 60% the amount of available funds to be provided to facilities that obtain source water directly from the sea, an estuary, or from in-bank extraction wells that are of seawater origin. Directs the Secretary, in awarding incentive payments, to give priority to projects that: (1) use innovative technologies to reduce its energy demand; (2) use renewable energy supplies; (3) provide regional water supply benefits; (4) provide a secure source of new water supplies for national defense activities; (5) reduce the threat of a water supply disruption as a result of a natural disaster or acts of terrorism; (6) use technologies that minimize the damage to marine life; or (7) provide significant water quality benefits.

To authorize the Secretary of Energy to make energy consumption reduction incentive payments to encourage the utilization of the best available technology in the development of desalination facilities, and other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Treatment of Children's Deformities Act of 1998''. SEC. 2. COVERAGE OF MINOR CHILD'S CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act, as amended by section 703(a) of Public Law 104-204, is amended by adding at the end the following new section: ``SEC. 2706. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER. ``(a) Requirements for Reconstructive Surgery.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for surgical benefits shall provide coverage for outpatient and inpatient diagnosis and treatment of a minor child's congenital or developmental deformity, disease, or injury. A minor child shall include any individual through 21 years of age. ``(2) Requirements.--Any coverage provided under paragraph (1) shall be subject to pre-authorization or pre-certification as required by the plan or issuer, and such coverage shall include any surgical treatment which, in the opinion of the treating physician, is medically necessary to approximate a normal appearance. ``(3) Treatment defined.-- ``(A) In general.--In this section, the term `treatment' includes reconstructive surgical procedures (procedures that are generally performed to improve function, but may also be performed to approximate a normal appearance) that are performed on abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease, including-- ``(i) procedures that do not materially affect the function of the body part being treated; and ``(ii) procedures for secondary conditions and follow-up treatment. ``(B) Exception.--Such term does not include cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem. ``(b) Notice.--A group health plan under this part shall comply with the notice requirement under section 713(b) 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.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)), as amended by section 604(b)(2) of Public Law 104-204, is amended by striking ``section 2704'' and inserting ``sections 2704 and 2706''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, as amended by section 702(a) of Public Law 104-204, is amended by adding at the end the following new section: ``SEC. 713. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER. ``(a) Requirements for Reconstructive Surgery.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for surgical benefits shall provide coverage for outpatient and inpatient diagnosis and treatment of a minor child's congenital or developmental deformity, disease, or injury. A minor child shall include any individual through 21 years of age. ``(2) Requirements.--Any coverage provided under paragraph (1) shall be subject to pre-authorization or pre-certification as required by the plan or issuer, and such coverage shall include any surgical treatment which, in the opinion of the treating physician, is medically necessary to approximate a normal appearance. ``(3) Treatment defined.-- ``(A) In general.--In this section, the term `treatment' includes reconstructive surgical procedures (procedures that are generally performed to improve function, but may also be performed to approximate a normal appearance) that are performed on abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease, including-- ``(i) procedures that do not materially affect the function of the body part being treated; and ``(ii) procedures for secondary conditions and follow-up treatment. ``(B) Exception.--Such term does not include cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem. ``(b) 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.''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)), as amended by section 603(b)(1) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)), as amended by section 603(b)(2) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 712 the following new item: ``Sec. 713. Standards relating to benefits for minor child's congenital or developmental deformity or disorder.''. (3) Internal revenue code amendments.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 (as amended by section 1531(a) of the Taxpayer Relief Act of 1997) is amended-- (A) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Standards relating to benefits for minor child's congenital or developmental deformity or disorder.''; and (B) by inserting after section 9812 the following: ``SEC. 9813. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER. ``(a) Requirements for Reconstructive Surgery.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for surgical benefits shall provide coverage for outpatient and inpatient diagnosis and treatment of a minor child's congenital or developmental deformity, disease, or injury. A minor child shall include any individual through 21 years of age. ``(2) Requirements.--Any coverage provided under paragraph (1) shall be subject to pre-authorization or pre-certification as required by the plan or issuer, and such coverage shall include any surgical treatment which, in the opinion of the treating physician, is medically necessary to approximate a normal appearance. ``(3) Treatment defined.-- ``(A) In general.--In this section, the term `treatment' includes reconstructive surgical procedures (procedures that are generally performed to improve function, but may also be performed to approximate a normal appearance) that are performed on abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease, including-- ``(i) procedures that do not materially affect the function of the body part being treated; and ``(ii) procedures for secondary conditions and follow-up treatment. ``(B) Exception.--Such term does not include cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem.''. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act, as amended by section 605(a) of Public Law 104-204, is amended by inserting after section 2751 the following new section: ``SEC. 2752. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER. ``(a) Requirements for Reconstructive Surgery.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for surgical benefits shall provide coverage for outpatient and inpatient diagnosis and treatment of a minor child's congenital or developmental deformity, disease, or injury. A minor child shall include any individual through 21 years of age. ``(2) Requirements.--Any coverage provided under paragraph (1) shall be subject to pre-authorization or pre-certification as required by the plan or issuer, and such coverage shall include any surgical treatment which, in the opinion of the treating physician, is medically necessary to approximate a normal appearance. ``(3) Treatment defined.-- ``(A) In general.--In this section, the term `treatment' includes reconstructive surgical procedures (procedures that are generally performed to improve function, but may also be performed to approximate a normal appearance) that are performed on abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease, including-- ``(i) procedures that do not materially affect the function of the body part being treated; and ``(ii) procedures for secondary conditions and follow-up treatment. ``(B) Exception.--Such term does not include cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 713(b) 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.''. (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)), as added by section 605(b)(3)(B) of Public Law 104-204, is amended by striking ``section 2751'' and inserting ``sections 2751 and 2752''. (c) Effective Dates.--(1) The amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 1999. (2) The 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. (d) Coordinated Regulations.--Section 104(1) of Health Insurance Portability and Accountability Act of 1996 is amended by striking ``this subtitle (and the amendments made by this subtitle and section 401)'' and inserting ``the provisions of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, the provisions of parts A and C of title XXVII of the Public Health Service Act, and chapter 100 of the Internal Revenue Code of 1986''.

Treatment of Children's Deformities Act of 1998 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to set standards requiring that group and individual health insurance coverage and group health plans provide coverage for treatment of a minor child's congenital or developmental deformity or disorder due to trauma, infection, tumor, or disease.

Treatment of Children's Deformities Act of 1998

SECTION 1. TERMINATION AFTER 1997 OF TAX SUBSIDIES FOR LARGE PRODUCERS OF ETHANOL USED AS A FUEL. (a) General Rule--Subsection (e) of section 40 of the Internal Revenue Code of 1986 is amended by adding at the end the following flush sentence: ``Except in the case of the credit determined under subsection (a)(3), the preceding sentence shall be applied by substituting `1997' for `2000' and `1998' for `2001'.'' (b) Denial of Credit for Alcohol Used To Produce Ether.--Subsection (b) of section 40 of such Code is amended by adding at the end the following new paragraph: ``(6) Denial of credit for alcohol used to produce ether.-- No credit shall be allowed under this section for alcohol used to produce any ether.'' (c) Conforming Reductions of Other Incentives for Ethanol Fuel.-- (1) Repeal of reduced rate on ethanol fuel produced other than from petroleum or natural gas.--Subsection (b) of section 4041 of such Code is amended to read as follows: ``(b) Exemption for Off-Highway Business Use.-- ``(1) In general.--No tax shall be imposed by subsection (a) or (d)(1) on liquids sold for use or used in an off-highway business use. ``(2) Tax where other use.--If a liquid on which no tax was imposed by reason of paragraph (1) is used otherwise than in an off-highway business use, a tax shall be imposed by paragraph (1)(B), (2)(B), or (3)(A)(ii) of subsection (a) (whichever is appropriate) and by the corresponding provision of subsection (d)(1) (if any). ``(3) Off-highway business use defined.--For purposes of this subsection, the term `off-highway business use' has the meaning given to such term by section 6421(e)(2); except that such term shall not, for purposes of subsection (a)(1), include use in a diesel-powered train.'' (2) Repeal of reduced rate on ethanol fuel produced from natural gas.--Subsection (m) of section 4041 of such Code is amended-- (A) by striking ``or ethanol'' each place it appears (including the heading of paragraph (2)), and (B) by striking ``, ethanol, or other alcohol'' in paragraph (2) and inserting ``or other alcohol (other than ethanol)''. (d) Conforming Amendments To Excise Taxes; Fuel Alcohol Taxed in Same Manner as Other Motor Fuels.-- (1) In general.--Paragraph (1) of section 4083(a) of such Code (defining taxable fuel) is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following: ``(C) fuel alcohol.'' (2) Fuel alcohol.--Subsection (a) of section 4083 of such Code is amended by adding at the end the following new paragraph: ``(4) Fuel alcohol.--The term `fuel alcohol' means any alcohol (including ethanol and methanol)-- ``(A) which is produced other than from petroleum, natural gas, or coal (including peat), and ``(B) which is withdrawn from the distillery where produced free of tax under chapter 51 by reason of section 5181 or so much of section 5214(a)(1) as relates to fuel use.'' (3) Rate of tax.--Clause (i) of section 4081(a)(2)(A) of such Code is amended by inserting ``or fuel alcohol'' after ``gasoline''. (4) Special rules for imposition of tax.--Paragraph (1) of section 4081(a) of such Code is amended by adding at the end the following new subparagraph: ``(C) Special rules for fuel alcohol.--In the case of fuel alcohol-- ``(i) the distillery where produced shall be treated as a refinery, and ``(ii) subparagraph (B) shall be applied by including transfers by truck or rail in excess of such minimum quantities as the Secretary shall prescribe.'' (5) Repeal of reduced rates on alcohol fuels.-- (A) Section 4041 of such Code is amended by striking subsection (k). (B) Section 4081 of such Code is amended by striking subsection (c). (C) Section 4091 of such Code is amended by striking subsection (c). (6) Conforming amendments.-- (A) Section 40 of such Code is amended by striking subsection (c). (B) Paragraph (4) of section 40(d) of such Code is amended to read as follows: ``(4) Volume of alcohol.--For purposes of determining under subsection (a) the number of gallons of alcohol with respect to which a credit is allowable under subsection (a), the volume of alcohol shall include the volume of any denaturant (including gasoline) which is added under any formulas approved by the Secretary to the extent that such denaturants do not exceed 5 percent of the volume of such alcohol (including denaturants).'' (C) Paragraph (2) of section 4041(a) of such Code is amended by adding at the end the following: ``No tax shall be imposed by this paragraph on the sale or use of any liquid if tax was imposed on such liquid under section 4081 and the tax thereon was not credited or refunded.'' (D) Section 6427 of such Code is amended by striking subsection (f). (E) Subsection (i) of section 6427 of such Code is amended by striking paragraph (3). (F) Paragraph (2) of section 6427(k) of such Code is amended by striking ``(3)''. (G)(i) Paragraph (1) of section 6427(l) of such Code is amended by striking ``or'' at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: ``(B) any fuel alcohol (as defined in section 4083) on which tax has been imposed by section 4081, or''. (ii) Paragraph (2) of section 6427(l) of such Code is amended by striking ``and'' at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: ``(B) in the case of fuel alcohol (as so defined), any use which is exempt from the tax imposed by section 4041(a)(2) other than by reason of a prior imposition of tax, and''. (iii) The heading of subsection (l) of section 6427 of such Code is amended by inserting ``, Fuel Alcohol,'' after ``Diesel Fuel''. (H) Sections 9503(b)(1)(E) and 9508(b)(2) of such Code are each amended by striking ``and diesel fuel'' and inserting ``diesel fuel, and fuel alcohol''. (I) Section 9502 of such Code is amended by striking subsection (e) and by redesignating subsection (f) as subsection (e). (J) Subsection (e) of section 9502 of such Code (as redesignated by subparagraph (I)) is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (K) Subsection (b) of section 9503 of such Code is amended by striking paragraph (5). (L) Paragraph (3) of section 9503(f) of such Code is amended to read as follows: ``(3) Partially exempt methanol or ethanol fuel.--In the case of a rate of tax determined under section 4041(m), the Highway Trust Fund financing rate is the excess (if any) of the rate so determined over-- ``(A) 5.55 cents per gallon after September 30, 1993, and before October 1, 1995, and ``(B) 4.3 cents per gallon after September 30, 1995.'' (e) Effective Date.--The amendments made by this section shall take effect on January 1, 1998. (f) Floor Stock Taxes.-- (1) Imposition of tax.--In the case of fuel alcohol which is held on January 1, 1998, by any person, there is hereby imposed a floor stocks tax of 18.4 cents per gallon. (2) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding fuel alcohol on January 1, 1998, 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. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before June 30, 1998. (3) Definitions.--For purposes of this subsection-- (A) Fuel alcohol.--The term ``fuel alcohol'' has the meaning given such term by section 4083 of the Internal Revenue Code of 1986, as amended by this section. (B) Held by a person.--Fuel alcohol shall be considered as ``held by a person'' if title thereto has passed to such person (whether or not delivery to the person has been made). (C) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or his delegate. (4) Exception for exempt uses.--The tax imposed by paragraph (1) shall not apply to fuel alcohol held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4081 of the Internal Revenue Code of 1986 is allowable for such use. (5) Exception for fuel held in vehicle tank.--No tax shall be imposed by paragraph (1) on fuel alcohol held in the tank of a motor vehicle or motorboat. (6) Exception for certain amounts of fuel.-- (A) In general.--No tax shall be imposed by paragraph (1) on fuel alcohol held on January 1, 1998, by any person if the aggregate amount of fuel alcohol held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person 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 paragraph. (B) Exempt fuel.--For purposes of subparagraph (A), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (4) or (5). (C) Controlled groups.--For purposes of this paragraph-- (i) Corporations.-- (I) In general.--All persons treated as a controlled group shall be treated as 1 person. (II) Controlled group.--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. (ii) Nonincorporated persons under common control.--Under regulations prescribed by the Secretary, principles similar to the principles of clause (i) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (7) Other laws applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such section 4081.

Amends the Internal Revenue Code to terminate the credit for large producers of ethanol used as a fuel after 1997. Disallows the credit for alcohol used to produce any ether. Exempts from tax liquids sold for use or used in an off-highway business use. Repeals the reduced rate on ethanol fuel produced from natural gas. Provides for the tax treatment of fuel alcohol in the same manner as other motor fuels. Repeals the reduced rates on alcohol fuels. Exempts partially, in the case of methanol or ethanol, the rate of tax determined under the Highway Trust Fund financing rate. Imposes a floor stock tax on fuel alcohol held by any individual on a specified date and makes such individual liable for such tax. Exempts fuel alcohol held by any individual for any use to the extent a credit or refund of the tax imposed under current law is allowed. Prohibits the imposition of tax on fuel alcohol held in the tank of a motor vehicle or motorboat and for certain amounts of fuel.

To amend the Internal Revenue Code of 1986 to terminate the tax subsidies for large producers of ethanol used as a fuel.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Biobased Energy Incentive Act of 2002''. SEC. 2. PRODUCTION OF BIOBASED ENERGY PRODUCTS. The Biomass Research and Development Act of 2000 (7 U.S.C. 7624 note; Public Law 106-224) is amended-- (1) by redesignating section 310 as section 311; and (2) by inserting after section 309 the following: ``SEC. 310. PRODUCTION OF BIOBASED ENERGY PRODUCTS. ``(a) Definitions.--In this section: ``(1) Biobased energy product.--The term `biobased energy product' means biodiesel or ethanol fuel. ``(2) Biodiesel.--The term `biodiesel' means a monoalkyl ester that meets the requirements of ASTM D6751. ``(3) Eligible commodity.--The term `eligible commodity' means wheat, corn, grain sorghum, barley, oats, rice, soybeans, sunflower seed, rapeseed, canola, safflower, flaxseed, mustard, crambe, sesame seed, cottonseed, and cellulosic commodities (such as hybrid poplars and switch grass). ``(4) Eligible producer.--The term `eligible producer' means a producer that-- ``(A) uses an eligible commodity to produce a biobased energy product; and ``(B) enters into a contract with the Secretary under subsection (b)(2). ``(5) New producer.--The term `new producer' means an eligible producer that has not used an eligible commodity to produce a biobased energy product during the preceding fiscal year. ``(b) Biobased Energy Incentive Program.-- ``(1) Establishment.--The Secretary shall establish a biobased energy incentive program under which the Secretary shall make payments to eligible producers to promote the use of eligible commodities to produce biobased energy products. ``(2) Contracts.-- ``(A) In general.--To be eligible to receive a payment, an eligible producer shall enter into a contract with the Secretary under which the producer shall agree to increase the use of eligible commodities to produce biobased energy products during 1 or more fiscal years. ``(B) Quarterly payments.--Under a contract-- ``(i) the eligible producer shall agree to increase the use of eligible commodities to produce biobased energy products during each fiscal year covered by the contract; and ``(ii) the Secretary shall make payments to the eligible producer for each quarter of the fiscal year. ``(3) Amount.--Subject to paragraphs (6) through (8), the amount of a payment made to an eligible producer for a fiscal year under this subsection shall be determined by multiplying-- ``(A) the payment quantity for the fiscal year determined under paragraph (4); by ``(B) the payment rate determined under paragraph (5). ``(4) Payment quantity.-- ``(A) In general.--Subject to subparagraph (B), the payment quantity for payments made to an eligible producer for a fiscal year under this subsection shall equal the difference between-- ``(i) the quantity of eligible commodities that the eligible producer agrees to use, under the contract entered into with the Secretary, to produce biobased energy products during the fiscal year; and ``(ii) the quantity of eligible commodities that the eligible producer used to produce biobased energy products during the preceding fiscal year. ``(B) New producers.--The payment quantity for payments made to a new producer for the first fiscal year of a contract under this subsection shall equal 25 percent of the quantity of eligible commodities that the eligible producer uses to produce biobased energy products during the fiscal year. ``(5) Payment rate.-- ``(A) In general.--Subject to subparagraph (B), the payment rate for payments made to an eligible producer under this subsection for the use of an eligible commodity shall be determined by the Secretary to compensate the eligible producer for the local value of-- ``(i) in the case of corn, 1 bushel of corn for each 3 bushels of additional corn that is used to produce a biobased energy product; and ``(ii) in the case of each other eligible commodity, an equivalent quantity determined by the Secretary. ``(B) Small-scale producers.--The payment rate for payments made to an eligible producer that has an annual capacity of less than 60,000,000 gallons of biobased energy products shall be at least 25 percent higher than the payment rate for other eligible producers, as determined by the Secretary. ``(6) Proration.--If the amount made available for a fiscal year under subsection (d)(2)(A) is insufficient to allow the payment of the amount of the payments that eligible producers (that apply for the payments) otherwise would have a right to receive under this subsection, the Secretary shall prorate the amount of the funds among all such eligible producers. ``(7) Overpayments.--If the total amount of payments that an eligible producer receives for a fiscal year under this section exceeds the amount the eligible producer should have received under this subsection, the producer shall repay the amount of the overpayment to the Secretary, plus interest (as determined by the Secretary). ``(8) Limitation.--No eligible producer shall receive more than 7 percent of the total amount made available for a fiscal year under subsection (d)(2)(A). ``(9) Recordkeeping and monitoring.--To be eligible to receive a payment under this subsection, an eligible producer shall-- ``(A) maintain for at least 3 years records relating to the production of biobased energy products; and ``(B) make the records available to the Secretary to verify eligibility for the payments. ``(10) Other requirements.--To be eligible to receive a payment under this subsection, an eligible producer shall meet other requirements of Federal law (including regulations) applicable to the production of biodiesel or ethanol fuel. ``(c) Availability of Biobased Energy Products.--The Secretary shall establish a program to encourage wider availability of biobased energy products to consumers of gasoline and diesel fuels. ``(d) Funding.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this section. ``(2) Fiscal year limitations.--The amount of funds of the Commodity Credit Corporation used to carry out this section shall not exceed-- ``(A) in the case of subsection (b), $150,000,000 for fiscal year 2003 and each subsequent fiscal year; and ``(B) in the case of subsection (c), $10,000,000 for fiscal year 2003 and each subsequent fiscal year.''.

Biobased Energy Incentive Act of 2002 - Amends the Biomass Research and Development Act of 2000 to direct the Secretary of Agriculture to establish: (1) a biobased energy incentive program of payments to eligible producers to promote the use of commodities to produce biobased energy products (biodiesel or ethanol fuel); and (2) a program to encourage wider availability of biobased energy products to consumers of gasoline and diesel fuel.

A bill to amend the Biomass Research and Development Act of 2000 to encourage production of biobased energy products, and for other purposes.

SECTION 1. FINDINGS. Congress finds that-- (1) among its purposes, the Act entitled ``An Act to provide for the equalization of allotments on the Agua Caliente (Palm Springs) Reservation in California, and for other purposes'', approved September 21, 1959, commonly known as the ``Agua Caliente Equalization Act of 1959'' (25 U.S.C. 951 et seq.) (referred to in this section as the ``Act'') was intended to provide for a reasonable degree of equalization of the value of allotments made to members of the Agua Caliente Band of Cahuilla Indians; (2) the Act was enacted in response to litigation in Federal courts in Segundo, et al. v. United States, 123 F. Supp. 554 (1954); (3) the case referred to in paragraph (2) was appealed under the case name United States v. Pierce, 235 F. 2d 885 (1956) and that case affirmed the entitlement of certain members of the Band to allotments of approximately equal value to lands allotted to other members of the Band; (4)(A) to achieve the equalization referred to in paragraph (3), section 3 of the Act (25 U.S.C. 953) provided for the allotment or sale of all remaining tribal lands, with the exception of several specifically designated parcels, including 2 parcels in the Mineral Springs area known as parcel A and parcel B; (B) section 3 of the Act restricted the distribution of any net rents, profits, or other revenues derived from parcel B to members of the Band and their heirs entitled to equalization of the value of the allotments of those members; (C) from 1959 through 1984, each annual budget of the Band, as approved by the Bureau of Indian Affairs, provided for expenditure of all revenues derived from both parcel A and parcel B solely for tribal governmental purposes; and (D) as a result of the annual budgets referred to in subparagraph (C), no net revenues from parcel B were available for distribution to tribal members entitled to equalization under section 3 of the Act referred to in paragraph (1); (5) by letter of December 6, 1961, the Director of the Sacramento Area Office of the Bureau of Indian Affairs informed the regional solicitor of the Bureau of Indian Affairs that the equalization of allotments on the Agua Caliente Reservation with respect to those members of the Band who were eligible for equalization had been completed using all available excess tribal land in a manner consistent with-- (A) the decree of the court in the case referred to in paragraph (2); and (B) the Act; (6) in 1968, the files of the Department of the Interior with respect to the case referred to in paragraph (3), the closure of which was contingent upon completion of the equalization program, were retired to the Federal Record Center, where they were subsequently destroyed; (7) on March 16, 1983, the Secretary of the Interior published notice in the Federal Register that full equalization had been achieved within the meaning of section 7 of the Act (25 U.S.C. 957); (8) section 7 of the Act states that ``allotments in accordance with the provisions of this Act shall be deemed complete and full equalization of allotments on the Agua Caliente Reservation''; and (9) the regulations governing the equalization of allotments under the Act referred to in paragraph (1) were rescinded by the Secretary, effective March 31, 1983. SEC. 2. DEFINITIONS. In this Act: (1) Band.--The term ``Band'' means the Agua Caliente Band. (2) Parcel b.--The term ``parcel B'' means the parcel of land in the Mineral Springs area referred to as ``parcel B'' in section 3(b) of the Act entitled ``An Act to provide for the equalization of allotments on the Agua Caliente (Palm Springs) Reservation in California, and for other purposes'', approved September 21, 1959, commonly known as the ``Agua Caliente Equalization Act of 1959'' (25 U.S.C. 953(b)). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. EQUALIZATION OF ALLOTMENTS. (a) In General.--The full equalization of allotments within the meaning of section 7 of the Act entitled ``An Act to provide for the equalization of allotments on the Agua Caliente (Palm Springs) Reservation in California, and for other purposes'', approved September 21, 1959, commonly known as the ``Agua Caliente Equalization Act of 1959'' (25 U.S.C. 957) is deemed to have been completed. (b) Expiration of Entitlement.--By reason of the achievement of the full equalization of allotments described in subsection (a), the entitlement of holders of equalized allotments to distribution of net revenues from parcel B under section 3(b) of the Act entitled ``An Act to provide for the equalization of allotments on the Agua Caliente (Palm Springs) Reservation in California, and for other purposes'', approved September 21, 1959, commonly known as the ``Agua Caliente Equalization Act of 1959'' (25 U.S.C. 953(b)) shall be deemed to have expired. SEC. 4. REMOVAL OF RESTRICTION. (a) In General.--The fourth undesignated paragraph in section 3(b) of the Act entitled ``An Act to provide for the equalization of allotments on the Agua Caliente (Palm Springs) Reservation in California, and for other purposes'', approved September 21, 1959, commonly known as the ``Agua Caliente Equalization Act of 1959'' (25 U.S.C. 953(b)), is amended by striking ``east: Provided,'' and all that follows through the end of the paragraph and inserting ``east.''. (b) Applicability.--The amendment made by subsection (a) shall apply as if this section had been enacted on March 31, 1983. (c) Subsequent Distributions.--Any per capita distribution of tribal revenues of the Band made after the date of enactment of this Act shall be made to all members of the Band in equal amounts. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Deems: (1) the full equalization of allotments under the Agua Caliente Equalization Act of 1959 to have been completed; and (2) the entitlement of holders of equalized allotments to distribution of net revenues from parcel B under such Act to have expired. Amends Federal law relating to the Agua Caliente (Palm Springs) Reservation in California to repeal the restriction on the distribution of net rents, profits, and other revenues from the Mineral Springs parcel to certain members of the Agua Caliente Band of Cahuilla Indians. Makes such repeal applicable as if enacted on March 31, 1983. Provides for any per capita distribution of tribal revenues to be made to all members of the Band in equal amounts.

To remove the restriction on the distribution of certain revenues from the Mineral Springs parcel to certain members of the Agua Caliente Band of Cahuilla Indians.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Renewable Energy Investment Act''. SEC. 2. INCREASE OF ENERGY CREDIT FOR EQUIPMENT USED TO GENERATE ELECTRICITY BY GEOTHERMAL POWER. (a) In General.--Clause (i) of section 48(a)(2)(A) of the Internal Revenue Code of 1986 is amended-- (1) in subclause (III), by striking ``and''; and (2) by adding at the end the following: ``(V) energy property described in paragraph (3)(A)(iii), but only with respect to periods ending before January 1, 2017, and''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 3. EXTENSION OF SPECIFIED ENERGY PROPERTY GRANTS IN LIEU OF CREDIT. (a) In General.--Subsection (a) of section 1603 of the American Recovery and Reinvestment Tax Act of 2009 is amended by striking ``unless such property--'' and all that follows through the period at the end and inserting the following: ``unless such property is placed in service before the credit termination date with respect to such property.''. (b) Effective Date.--The amendment made by this section shall apply to grants made after the date of the enactment of this Act. SEC. 4. NONQUALIFIED DEFERRED COMPENSATION FROM CERTAIN TAX INDIFFERENT PARTIES. (a) In General.--Subpart B of part II of subchapter E of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 457 the following new section: ``SEC. 457A. NONQUALIFIED DEFERRED COMPENSATION FROM CERTAIN TAX INDIFFERENT PARTIES. ``(a) In General.--Any compensation which is deferred under a nonqualified deferred compensation plan of a nonqualified entity shall be includible in gross income when there is no substantial risk of forfeiture of the rights to such compensation. ``(b) Nonqualified Entity.--For purposes of this section, the term `nonqualified entity' means-- ``(1) any foreign corporation unless substantially all of its income is-- ``(A) effectively connected with the conduct of a trade or business in the United States, or ``(B) subject to a comprehensive foreign income tax, and ``(2) any partnership unless substantially all of its income is allocated to persons other than-- ``(A) foreign persons with respect to whom such income is not subject to a comprehensive foreign income tax, and ``(B) organizations which are exempt from tax under this title. ``(c) Determinability of Amounts of Compensation.-- ``(1) In general.--If the amount of any compensation is not determinable at the time that such compensation is otherwise includible in gross income under subsection (a)-- ``(A) such amount shall be so includible in gross income when determinable, and ``(B) the tax imposed under this chapter for the taxable year in which such compensation is includible in gross income shall be increased by the sum of-- ``(i) the amount of interest determined under paragraph (2), and ``(ii) an amount equal to 20 percent of the amount of such compensation. ``(2) Interest.--For purposes of paragraph (1)(B)(i), the interest determined under this paragraph for any taxable year is the amount of interest at the underpayment rate under section 6621 plus 1 percentage point on the underpayments that would have occurred had the deferred compensation been includible in gross income for the taxable year in which first deferred or, if later, the first taxable year in which such deferred compensation is not subject to a substantial risk of forfeiture. ``(d) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Substantial risk of forfeiture.-- ``(A) In general.--The rights of a person to compensation shall be treated as subject to a substantial risk of forfeiture only if such person's rights to such compensation are conditioned upon the future performance of substantial services by any individual. ``(B) Exception for compensation based on gain recognized on an investment asset.-- ``(i) In general.--To the extent provided in regulations prescribed by the Secretary, if compensation is determined solely by reference to the amount of gain recognized on the disposition of an investment asset, such compensation shall be treated as subject to a substantial risk of forfeiture until the date of such disposition. ``(ii) Investment asset.--For purposes of clause (i), the term `investment asset' means any single asset (other than an investment fund or similar entity)-- ``(I) acquired directly by an investment fund or similar entity, ``(II) with respect to which such entity does not (nor does any person related to such entity) participate in the active management of such asset (or if such asset is an interest in an entity, in the active management of the activities of such entity), and ``(III) substantially all of any gain on the disposition of which (other than such deferred compensation) is allocated to investors in such entity. ``(iii) Coordination with special rule.-- Paragraph (3)(B) shall not apply to any compensation to which clause (i) applies. ``(2) Comprehensive foreign income tax.--The term `comprehensive foreign income tax' means, with respect to any foreign person, the income tax of a foreign country if-- ``(A) such person is eligible for the benefits of a comprehensive income tax treaty between such foreign country and the United States, or ``(B) such person demonstrates to the satisfaction of the Secretary that such foreign country has a comprehensive income tax. ``(3) Nonqualified deferred compensation plan.-- ``(A) In general.--The term `nonqualified deferred compensation plan' has the meaning given such term under section 409A(d), except that such term shall include any plan that provides a right to compensation based on the appreciation in value of a specified number of equity units of the service recipient. ``(B) Exception.--Compensation shall not be treated as deferred for purposes of this section if the service provider receives payment of such compensation not later than 12 months after the end of the taxable year of the service recipient during which the right to the payment of such compensation is no longer subject to a substantial risk of forfeiture. ``(4) Exception for certain compensation with respect to effectively connected income.--In the case of a foreign corporation with income which is taxable under section 882, this section shall not apply to compensation which, had such compensation had been paid in cash on the date that such compensation ceased to be subject to a substantial risk of forfeiture, would have been deductible by such foreign corporation against such income. ``(5) Application of rules.--Rules similar to the rules of paragraphs (5) and (6) of section 409A(d) shall apply. ``(e) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations disregarding a substantial risk of forfeiture in cases where necessary to carry out the purposes of this section.''. (b) Conforming Amendment.--Section 26(b)(2) of such Code is amended by striking ``and'' at the end of subparagraph (V), by striking the period at the end of subparagraph (W) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(X) section 457A(c)(1)(B) (relating to determinability of amounts of compensation).''. (c) Clerical Amendment.--The table of sections of subpart B of part II of subchapter E of chapter 1 of such Code is amended by inserting after the item relating to section 457 the following new item: ``Sec. 457A. Nonqualified deferred compensation from certain tax indifferent parties.''. (d) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to amounts deferred which are attributable to services performed after December 31, 2008. (2) Application to existing deferrals.--In the case of any amount deferred to which the amendments made by this section do not apply solely by reason of the fact that the amount is attributable to services performed before January 1, 2009, to the extent such amount is not includible in gross income in a taxable year beginning before 2018, such amounts shall be includible in gross income in the later of-- (A) the last taxable year beginning before 2018, or (B) the taxable year in which there is no substantial risk of forfeiture of the rights to such compensation (determined in the same manner as determined for purposes of section 457A of the Internal Revenue Code of 1986, as added by this section). (3) Accelerated payments.--No later than 120 days after the date of the enactment of this Act, the Secretary shall issue guidance providing a limited period of time during which a nonqualified deferred compensation arrangement attributable to services performed on or before December 31, 2008, may, without violating the requirements of section 409A(a) of the Internal Revenue Code of 1986, be amended to conform the date of distribution to the date the amounts are required to be included in income. (4) Certain back-to-back arrangements.--If the taxpayer is also a service recipient and maintains one or more nonqualified deferred compensation arrangements for its service providers under which any amount is attributable to services performed on or before December 31, 2008, the guidance issued under paragraph (4) shall permit such arrangements to be amended to conform the dates of distribution under such arrangement to the date amounts are required to be included in the income of such taxpayer under this subsection. (5) Accelerated payment not treated as material modification.--Any amendment to a nonqualified deferred compensation arrangement made pursuant to paragraph (4) or (5) shall not be treated as a material modification of the arrangement for purposes of section 409A of the Internal Revenue Code of 1986.

Enhancing Renewable Energy Investment Act - Amends the Internal Revenue Code to: (1) allow a 30% energy tax credit through 2016 for equipment used to produce electricity by geothermal power; and (2) require the inclusion in gross income for income tax purposes of employee compensation deferred under a nonqualified deferred compensation plan of certain foreign entities when there is no substantial risk of forfeiture of the rights to such compensation. Amends the American Recovery and Reinvestment Tax Act of 2009 to allow an extension of the grant period for specified energy property in lieu of applicable tax credits.

To increase the energy credit for equipment used to generate electricity by geothermal power, to extend the grants for specified energy property, and for other purposes.

that except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Employment Reduction Assistance Act of 1999''. SEC. 2. DEFINITIONS. For the purpose of this Act: (1) ``Department'' means the Department of Veterans Affairs. (2) ``Employee'' means an employee (as defined by section 2105 of title 5, United States Code) of the Department of Veterans Affairs, who is serving under an appointment without time limitation, and has been currently employed by such Department for a continuous period of at least 3 years, but does not include-- (A) a reemployed annuitant under subchapter III of chapter 83, or chapter 84 of title 5, United States Code, or another retirement system for employees of the Federal Government; (B) an employee having a disability on the basis of which such employee is eligible for disability retirement under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the Federal Government; (C) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance; (D) an employee who previously has received any voluntary separation incentive payment by the Federal Government under this Act or any other authority; (E) an employee covered by statutory reemployment rights who is on transfer to another organization; or (F) any employee who, during the twenty-four month period preceding the date of separation, has received a recruitment or relocation bonus under section 5753 of title 5, United States Code, or a recruitment bonus under section 7458 of title 38, United States Code; (G) any employee who, during the twelve-month period preceding the date of separation, received a retention allowance under section 5754 of title 5, United States Code, or a retention bonus under section 7458 of title 38, United States Code. (3) ``Secretary'' means the Secretary of Veterans Affairs. SEC. 3. DEPARTMENT PLANS; APPROVAL. (a) In General.--The Secretary, before obligating any resources for voluntary separation incentive payments, shall submit to the Director of the Office of Management and Budget a strategic plan outlining the use of such incentive payments and a proposed organizational chart for the Department once such incentive payments have been completed. (b) Contents.--The plan shall specify-- (1) the positions and functions to be reduced or eliminated, identified by organizational unit, geographic location, occupational category and grade level; the proposed coverage may be based on-- (A) any component of the Department; (B) any occupation, level or type of position; (C) any geographic location; (D) other nonpersonal factors; or (E) any appropriate combination of the factors in paragraphs (A), (B), (C), and (D); (2) the manner in which such reductions will improve operating efficiency or meet actual or anticipated levels of budget or staffing resources; (3) the period of time during which incentives may be paid; and (4) a description of how the affected component(s) of the Department will operate without the eliminated functions and positions. (c) Approval.--The Director of the Office of Management and Budget shall approve or disapprove each plan submitted under subsection (a), and may make appropriate modifications to the plan with respect to the time period in which voluntary separation incentives may be paid, with respect to the number and amounts of incentive payments, or with respect to the coverage of incentives on the basis of the factors in subsection (b)(1). SEC. 4. VOLUNTARY SEPARATION INCENTIVE PAYMENTS. (a) Authority To Provide Voluntary Separation Incentive Payments.-- (1) In general.--The Secretary may pay a voluntary separation incentive payment to an employee only to the extent necessary to reduce or eliminate the positions and functions identified by the strategic plan; (2) Employees who may receive incentives.--In order to receive a voluntary separation incentive payment, an employee must separate from service with the Department voluntarily (whether by retirement or resignation) under the provisions of this Act; (b) Amount and Treatment of Payments.--A voluntary separation incentive payment-- (1) shall be paid in a lump sum after the employee's separation; (2) shall be equal to the lesser of-- (A) an amount equal to the amount the employee would be entitled to receive under section 5595(c) of title 5, United States Code, if the employee were entitled to payment under such section (without adjustment for any previous payment made under that section); or (B) an amount determined by the Secretary, not to exceed $25,000; (3) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; (4) shall not be taken into account in determining the amount of severance pay to which an employee may be entitled under section 5595 of title 5, United States Code, based on any other separation; and (5) shall be paid from the appropriations or funds available for payment of the basic pay of the employee. SEC. 5. EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERNMENT. (a) An individual who has received a voluntary separation incentive payment under this Act and accepts any employment with the Government of the United States, or who works for any agency of the United States Government through a personal services contract, within 5 years after the date of the separation on which the payment is based shall be required to repay, prior to the individual's first day of employment, the entire amount of the incentive payment to the Department. (b)(1) If the employment under subsection (a) is with an Executive agency (as defined by section 105 of title 5, United States Code), the United States Postal Service, or the Postal Rate Commission, the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (2) If the employment under subsection (a) is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (3) If the employment under subsection (a) is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (c) For the purpose of this section, the term ``employment'' includes-- (1) for the purposes of subsections (a) and (b), employment of any length or under any type of appointment, but does not include employment that is without compensation; and (2) for the purposes of subsection (a), employment with any agency of the United States Government through a personal services contract. SEC. 6. ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT FUND. (a) In addition to any other payments which it is required to make under subchapter III of chapter 983 or chapter 84 of title 5, United States Code, the Department shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final basic pay of each employee of the Department who is covered under subchapter III of chapter 83 or chapter 84 of title 5 to whom a voluntary separation incentive has been paid under this Act. (b) For the purpose of this section, the term ``final basic pay'', with respect to an employee, means the total amount of basic pay that would be payable for a year of service by that employee, computed using the employee's final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor. SEC. 7. REDUCTION OF AGENCY EMPLOYMENT LEVELS. (a) In General.--The total full-time equivalent employment in the Department shall be reduced by one for each separation of an employee who receives a voluntary separation incentive payment under this Act. the reduction will be calculated by comparing the Department's full- time equivalent employment for the fiscal; year in which the voluntary separation payments are made with the actual full-time equivalent employment for the prior fiscal year. (b) Enforcement.--The President, through the Office of Management and Budget, shall monitor the Department and take any action necessary to ensure that the requirements of this section are met. (c) Subsection (a) of this section may be waived upon a determination by the President that-- (1) the existence of a state of war or other national emergency so requires; or (2) the existence of an extraordinary emergency which threatens life, health, safety, property, or the environment, so requires. SEC. 8. CONTINUED HEALTH INSURANCE COVERAGE. Section 8905a(d)(4) of title 5, United States Code, is amended-- (1) in subparagraph (A) by inserting after force ``, or an involuntary separation from a position in or under the Department of Veterans Affairs due to a reduction in force or a title 38 staffing adjustment''; (2) in subparagraph (B) by inserting at the beginning thereof ``With respect to the Department of Defense,''; (3) by redesignating subparagraph (C) as subparagraph (D); (4) by adding a new subparagraph (C) as follows: (C) With respect to the Department of Veterans Affairs, 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, 2004; or (ii) February 1, 2005, if specific notice of such separation was given to such individual before October 1, 2004. SEC. 9. REGULATIONS. The Director of the Office of Personnel Management may prescribe any regulations necessary to administer the provisions of this Act. SEC. 10. LIMITATION; SAVINGS CLAUSE. (a) No voluntary separation incentive under this Act may be paid based on the separation of an employee after September 30, 2004.; (b) This Act supplements and does not supersede other authority of the Secretary. SEC. 11. EFFECTIVE DATE. (a) This Act shall take effect on the date of enactment.

Authorizes the Secretary to make such a payment only to reduce or eliminate positions or functions identified in the plan. Requires such payments to be in a lump sum and no greater than $25,000 apiece. Requires full repayment from any individual who is subsequently reemployed with any Federal department or agency, with exceptions for certain employment in which the individual possesses unique abilities and is the only qualified applicant available. Requires the Department to remit to the Office of Personnel Management for credit to the Civil Service Retirement and Disability Fund 15 percent of the final basic pay of each individual receiving such payments. Reduces the total number of full-time equivalent employees in the Department by one for each individual receiving such a payment. Authorizes the President to waive such reductions upon a determination of the existence of: (1) a state of war or other national emergency; or (2) an extraordinary emergency which threatens life, health, safety, property, or the environment. Provides for continued temporary health insurance coverage for individuals receiving such payments. Prohibits any payment based on the separation of an employee after September 30, 2004.

Department of Veterans Affairs Employment Reduction Assistance Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Urban Search and Rescue Response System Act of 2007''. SEC. 2. PURPOSE. The purpose of this Act is to clarify and codify the authority of the Administrator of the Federal Emergency Management Agency to administer the National Urban Search and Rescue Response System for Federal response to all hazards. SEC. 3. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM. (a) In General.--Title III of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is amended by adding at the end the following: ``SEC. 327. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM. ``(a) Definitions.--In this section, the following definitions apply: ``(1) Administrator.--The term `Administrator' means the Administrator of the Federal Emergency Management Agency. ``(2) Agency.--The term `Agency' means the Federal Emergency Management Agency. ``(3) Hazard.--The term `hazard' has the meaning given that term by section 602. ``(4) Participating agency.--The term `participating agency' means a State or local government, nonprofit organization, or private organization that has executed an agreement with a sponsoring agency to participate in the System. ``(5) Sponsoring agency.--The term `sponsoring agency' means a State or local government that is the sponsor of a task force designated by the Administrator to participate in the System. ``(6) System.--The term `System' means the National Urban Search and Rescue Response System to be administered under this section. ``(7) System member.--The term `System member' means an individual who is not a regular full-time employee of the Federal Government, who serves on a task force or on a System management or other technical team. ``(8) Task force.--The term `task force' means an urban search and rescue team designated by the Administrator to participate in the System. ``(b) General Authority.--Subject to the requirements of this section, the Administrator shall continue to administer the emergency response system known as the `National Urban Search and Rescue Response System'. ``(c) Functions.--In administering the System, the Administrator shall provide for a national network of standardized search and rescue resources to assist States and local governments in responding to hazards. ``(d) Task Forces.-- ``(1) Designation.--The Administrator shall designate task forces to participate in the System. The Administrator shall determine the criteria for such participation. ``(2) Sponsoring agencies.--Each task force shall have a sponsoring agency. The Administrator shall enter into an agreement with the sponsoring agency of each task force with respect to the participation of the task force in the System. ``(3) Composition.-- ``(A) Participating agencies.--A task force may include, at the discretion of the sponsoring agency of the task force, one or more participating agencies. The sponsoring agency of a task force shall enter into an agreement with each participating agency of the task force with respect to the participation of the participating agency on the task force. ``(B) Other individuals.--A task force may also include, at the discretion of the sponsoring agency of the task force, other individuals not otherwise associated with the sponsoring agency or a participating agency of the task force. The sponsoring agency of a task force may enter into a separate agreement with each such individual with respect to the participation of the individual on the task force. ``(e) Management and Technical Teams.--The Administrator shall maintain such management teams and other technical teams as the Administrator determines are necessary to administer the System. ``(f) Appointment of System Members Into Federal Service.-- ``(1) In general.--The Administrator may appoint a System member into Federal service for a period of service to provide for the participation of the System member in exercises, preincident staging, major disaster and emergency response activities, and training events sponsored or sanctioned by the Administrator. ``(2) Nonapplicability of certain civil service laws.--The Administrator may make appointments under paragraph (1) without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. ``(3) Relationship to other authorities.--The authority of the Administrator to make appointments under this subsection shall not affect any other authority of the Administrator under this Act. ``(4) Limitation.--A System member who is appointed into Federal service under paragraph (1) shall not be deemed an employee of the United States for purposes other than those specifically set forth in this section. ``(g) Compensation.-- ``(1) Pay of system members.--Subject to such terms and conditions as the Administrator may impose by regulation, the Administrator shall make payments to the sponsoring agency of a task force-- ``(A) to reimburse each employer of a System member on the task force for compensation paid by the employer to the System member for any period during which the System member is appointed into Federal service under subsection (f)(1); and ``(B) as appropriate, in lieu of providing reimbursement to an employer of a System member on the task force under subparagraph (A), to make payments directly to the System member for any period during which the System member is appointed into Federal service under subsection (f)(1). ``(2) Reimbursement for employees filling positions of system members.-- ``(A) In general.--Subject to such terms and conditions as the Administrator may impose by regulation, the Administrator shall make payments to the sponsoring agency of a task force to reimburse each employer of a System member on the task force for compensation paid by the employer to an employee filling a position normally filled by the System member for any period during which the System member is appointed into Federal service under subsection (f)(1). ``(B) Limitation.--Costs incurred by an employer shall be eligible for reimbursement under subparagraph (A) only to the extent that the costs are in excess of the costs that would have been incurred by the employer had the System member not been appointed into Federal service under subsection (f)(1). ``(3) Method of payment.--A System member shall not be entitled to pay directly from the Agency for a period during which the System member is appointed into Federal service under subsection (f)(1). ``(h) Personal Injury, Illness, Disability, or Death.-- ``(1) In general.--A System member who is appointed into Federal service under subsection (f)(1) and who suffers personal injury, illness, disability, or death as a result of a personal injury sustained while acting in the scope of such appointment shall, for the purposes of subchapter I of chapter 81 of title 5, United States Code, be treated as though the member were an employee (as defined by section 8101 of that title) who had sustained the injury in the performance of duty. ``(2) Election of benefits.-- ``(A) In general.--If a System member (or, in the case of the death of the System member, the System member's dependent) is entitled-- ``(i) under paragraph (1) to receive benefits under subchapter I of chapter 81 of title 5, United States Code, by reason of personal injury, illness, disability, or death, and ``(ii) to receive benefits from a State or local government by reason of the same personal injury, illness, disability, or death, the System member or dependent shall elect to receive either the benefits referred to in clause (i) or (ii). ``(B) Deadline.--A System member or dependent shall make an election of benefits under subparagraph (A) not later than one year after the date of the personal injury, illness, disability, or death that is the reason for the benefits or until such later date as the Secretary of Labor may allow for reasonable cause shown. ``(C) Effect of election.--An election of benefits made under this paragraph is irrevocable unless otherwise provided by law. ``(3) Reimbursement for state or local benefits.--Subject to such terms and conditions as the Administrator may impose by regulation, in the event that a System member or dependent elects benefits from a State or local government under paragraph (2)(A), the Administrator shall reimburse the State or local government for the value of those benefits. ``(i) Liability.--A System member appointed into Federal service under subsection (f)(1), while acting within the scope of the appointment, is deemed an employee of the United States under section 1346(b) of title 28, United States Code, and chapter 171 of that title, relating to tort claims procedure. ``(j) Employment and Reemployment Rights.--With respect to a System member who is not a regular full-time employee of a sponsoring agency or participating agency, the following terms and conditions apply: ``(1) Service as a System member shall be deemed `service in the uniformed services' for purposes of chapter 43 of title 38, United States Code, relating to employment and reemployment rights of individuals who have performed service in the uniformed services (regardless of whether the individual receives compensation for such participation). All rights and obligations of such persons and procedures for assistance, enforcement, and investigation shall be as provided for in such chapter. ``(2) Preclusion of giving notice of service by necessity of appointment under this section shall be deemed preclusion by `military necessity' for purposes of section 4312(b) of title 38, United States Code, pertaining to giving notice of absence from a position of employment. A determination of such necessity shall be made by the Administrator and shall not be subject to judicial review. ``(k) Licenses and Permits.--If a System member holds a valid license, certificate, or other permit issued by any State or other governmental jurisdiction evidencing the member's qualifications in any professional, mechanical, or other skill or type of assistance required by the System, the System member shall be deemed to be performing a Federal activity when rendering aid involving such skill or assistance during a period of appointment into Federal service under subsection (f)(1). ``(l) Advisory Committee.-- ``(1) In general.--The Administrator shall establish and maintain an advisory committee to provide expert recommendations to the Administrator in order to assist the Administrator in administering the System. ``(2) Composition.--The advisory committee shall be composed of members from geographically diverse areas, and shall include-- ``(A) the chief officer or senior executive from at least 3 sponsoring agencies; ``(B) the senior emergency manager from at least 2 States that include sponsoring agencies; and ``(C) at least one representative recommended by the leaders of the task forces. ``(3) Inapplicability of termination requirement.--Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory committee under this subsection. ``(m) Preparedness Cooperative Agreements.-- ``(1) In general.--Subject to the availability of appropriations for such purpose, the Administrator shall enter into an annual preparedness cooperative agreement with each sponsoring agency. Amounts made available to a sponsoring agency under such a preparedness cooperative agreement shall be for the following purposes: ``(A) Training and exercises with other Federal, State, and local government response entities. ``(B) Acquisition and maintenance of equipment, including interoperable communications and personal protective equipment. ``(C) Medical monitoring required for responder safety and health in anticipation of and following a major disaster, emergency, or other hazard, as determined by the Administrator. ``(2) Availability of appropriations.--Notwithstanding section 1552(b) of title 31, United States Code, amounts made available for cooperative agreements under this subsection that are not expended shall be deposited in an Agency account and shall remain available for such agreements without fiscal year limitation. ``(n) Response Cooperative Agreements.--The Administrator shall enter into a response cooperative agreement with each sponsoring agency, as appropriate, under which the Administrator agrees to reimburse the sponsoring agency for costs incurred by the sponsoring agency in responding to a major disaster, emergency, or other hazard as determined by the Administrator. ``(o) Obligations.--The Administrator may incur all necessary obligations consistent with this section in order to ensure the effectiveness of the System. ``(p) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $52,000,000 for each of fiscal years 2009, 2010, and 2011. Such sums shall be in addition to amounts made available from the Disaster Relief Fund for response cooperative agreements entered into under subsection (n). ``(2) Administrative expenses.--The Administrator may use not to exceed 6 percent of the funds appropriated for a fiscal year pursuant to paragraph (1) for salaries, expenses, and other administrative costs incurred by the Administrator in carrying out this section.''. (b) Conforming Amendments.-- (1) Applicability of title 5, united states code.--Section 8101(1) of title 5, United States Code, is amended-- (A) in subparagraph (D) by striking ``and'' at the end; (B) in subparagraph (E) by inserting ``and'' after the semicolon; and (C) by adding at the end the following: ``(F) an individual who is a System member of the National Urban Search and Rescue Response System during a period of appointment into Federal service pursuant to section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.''. (2) Inclusion as part of uniformed services for purposes of userra.--Section 4303 of title 38, United States Code, is amended-- (A) in paragraph (13) by inserting ``a period for which a System member of the National Urban Search and Rescue Response System is absent from a position of employment due to an appointment into Federal service under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act,'' before ``, and a period''; and (B) in paragraph (16) by inserting after ``Public Health Service,'' the following: ``, System members of the National Urban Search and Rescue Response System during a period of appointment into Federal service under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act,''.

National Urban Search and Rescue Response System Act of 2007 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the Administrator of the Federal Emergency Management Agency (FEMA) to: (1) continue to administer the National Urban Search and Rescue Response System; (2) provide for a national network of standardized search and rescue resources; (3) designate task forces to participate in the System and determine criteria for participation; and (4) enter into an agreement with the required sponsoring agency of each task force regarding participation. Sets forth provisions regarding the composition of task forces and reimbursement. Authorizes the Administrator to appoint a System member for a period of federal service to participate in sponsored or sanctioned exercises, pre-incident staging, major disaster and emergency response activities, and training events. Entitles a member who suffers personal injury, illness, disability, or death while acting in the scope of such appointment to be treated as an employee who sustained the injury in the performance of duty. Sets forth provisions regarding election of benefits, liability, employment and re-employment rights, and licenses and permits. Directs the Administrator to: (1) establish and maintain an advisory committee; and (2) enter into an annual preparedness cooperative agreement with each agency; and (3) enter into response cooperative agreements under which the Administrator agrees to reimburse agencies for emegency response costs.

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to clarify and codify the authority of the Administrator of the Federal Emergency Management Agency to administer the National Urban Search and Rescue Response System for Federal response to all hazards.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Life-Saving New Therapies for Neonates Act of 2015''. SEC. 2. PROMOTING THE DEVELOPMENT OF SAFE AND EFFECTIVE THERAPIES FOR NEONATES. Subchapter B of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360aa et seq.) is amended by inserting after section 529 the following: ``SEC. 530. EXCLUSIVITY TO ENCOURAGE DEVELOPMENT OF SAFE AND EFFECTIVE THERAPIES FOR NEONATES. ``(a) Definitions.--In this section: ``(1) Neonatal drug.--The term `neonatal drug' means a drug for the prevention or treatment of a disease or condition of a preterm or full-term neonate. ``(2) Neonatal drug application.--The term `neonatal drug application' means a human drug application, as defined in section 735(1), that-- ``(A) is for a drug or biological product-- ``(i) that is for the prevention or treatment of a disease or condition listed on the Priority List of Critical Needs for Neonates described in subsection (c); and ``(ii) that contains no active ingredient (including any ester or salt of the active ingredient) that has been previously approved in any other application under section 505(b)(1), 505(b)(2), or 505(j) of this Act or section 351(a) or 351(k) of the Public Health Service Act; ``(B) is submitted under section 505(b)(1) of this Act or section 351(a) of the Public Health Service Act; ``(C) the Secretary determines to be eligible for a neonatal drug exclusivity voucher, in accordance with subsection (b); ``(D) relies on clinical data derived from studies examining a neonatal population and dosages of the drug intended for that population; and ``(E) is approved after the date of the enactment of the Promoting Life-Saving New Therapies for Neonates Act of 2015. ``(3) Neonatal drug exclusivity voucher.--The term `neonatal drug exclusivity voucher' means a voucher issued by the Secretary to the sponsor of a neonatal drug application that entitles the holder of such voucher to one year of transferable extension of all existing patents and marketing exclusivities, including any extensions, for a single human drug with respect to an application submitted under section 505(b)(1) or for a single human biologic product with respect to an application submitted under section 351(a) of the Public Health Service Act, including the 6-month period described in section 505A, the 4- and 5-year periods described in subsections (c)(3)(E)(ii) and (j)(5)(F)(ii) of section 505, the 3-year periods described in clauses (iii) and (iv) of subsection (c)(3)(E) and clauses (iii) and (iv) of subsection (j)(5)(F) of section 505, the 7-year period described in section 527, the 5-year period described in section 505E, and the 12-year period described in section 351(k)(7). ``(b) Neonatal Drug Exclusivity Voucher.-- ``(1) In general.--The Secretary shall award a neonatal drug exclusivity voucher to the sponsor of a neonatal drug application upon approval by the Secretary of such neonatal drug application. ``(2) Transferability.-- ``(A) In general.--The sponsor of a neonatal drug application that receives a neonatal drug exclusivity voucher under this section may transfer (including by sale) the voucher to a sponsor of a human drug for which an application under section 505(b)(1) or section 351 of the Public Health Service Act has been approved, will be submitted, or has been submitted. ``(B) Nontransferability.--A neonatal exclusivity voucher may not be transferred to, or used for, a drug with respect to which all patents and exclusivities have expired as of the date of the transfer. ``(C) Notification of transfer.--Each person to whom a voucher is transferred shall notify the Secretary of such change in ownership of the voucher not later than 30 calendar days after such transfer. ``(D) Prohibition on additional fees.--The Secretary shall not apply a fee for the exercise of a voucher under this section. The preceding sentence shall not affect the authority of the Secretary to apply fees with respect to a neonatal drug application that are otherwise applicable under law. ``(E) Revocation of voucher.--The Secretary may revoke any neonatal exclusivity voucher if the neonatal drug product for which such voucher was awarded is not marketed in the United States within the 365-day period beginning on the date of the approval of such drug under section 505 of this Act or section 351 of the Public Health Service Act. ``(3) Limitations.-- ``(A) No award for prior approved application.--A sponsor of a neonatal drug may not receive a voucher under this section if the neonatal drug application was submitted to the Secretary prior to the date of enactment of this section. ``(B) Required pediatric research.--The Secretary shall limit grants of exclusivity under this section to drugs that are not required to complete neonatal studies under section 505B. ``(C) No combining vouchers.--A sponsor may not use a neonatal exclusivity voucher on a product for which the sponsor also intends to use a voucher obtained or purchased pursuant to section 524 or section 529. ``(4) Notification of intent to use voucher.-- ``(A) Notification by sponsor.--The sponsor of a human drug application intending to use a voucher awarded or transferred under this section shall notify the Secretary not later than 15 months prior to loss of patent and exclusivities on the drug for which the voucher will be redeemed, in such form as the Secretary may require. ``(B) Notification by secretary.--Within 30 calendar days of such notification to the Secretary, the Secretary shall notify the sponsor of its eligibility to redeem a voucher for the intended drug. ``(c) Priority List of Critical Needs for Neonates.-- ``(1) In general.--The Secretary, in consultation with the Pediatric Advisory Committee, the National Institutes of Health, the International Neonatal Consortium sponsored by Critical Path Institute, and other stakeholders, shall, within one year of the date of enactment of the Promoting Life-Saving New Therapies for Neonates Act of 2015-- ``(A) develop and publish a list of critical research priorities related to specific diseases or conditions common to the neonatal population (referred to as the `Priority List of Critical Needs for Neonates'); ``(B) issue guidance specific to the neonatal drug exclusivity voucher program; and ``(C) perform other activities necessary to support neonatal drug applications. ``(2) Public comment.--The Secretary shall provide a period of public notice and comment on the proposed list and shall hold public meetings to elicit input from patient advocacy and other organizations prior to publishing the final list. ``(3) Subsequent update.--The Secretary may revise, and publish in accordance with paragraph (1)(A), the Priority List of Critical Needs for Neonates every 3 years, or as frequently as the Secretary determines necessary. ``(4) Restriction on removal from list.--No disease or condition on the Priority List of Critical Needs for Neonates may be removed until after completion of the study and report under subsection (d). ``(d) GAO Study and Report.-- ``(1) Study.-- ``(A) In general.--Beginning 8 years after the date of enactment of the Promoting Life-Saving New Therapies for Neonates Act of 2015 or on the date that the Secretary awards the third neonatal exclusivity voucher under this section, whichever is earlier, the Comptroller General of the United States shall conduct a study of the effectiveness of the program under this section for the development of human drugs to treat and prevent diseases or conditions in the neonatal population. ``(B) Contents of the study.--In conducting the study under subparagraph (A), the Comptroller General shall examine the following: ``(i) The number of neonatal drug vouchers awarded under this section. ``(ii) The indications for each drug for which a neonatal exclusivity voucher was approved under section 505 or section 351 of the Public Health Service Act, and whether any other drugs with indications for populations other than neonates were approved with an indication for neonates under those sections. ``(iii) Whether, and to what extent, an unmet need related to the treatment or prevention of a disease or condition that affects the neonatal population was met through the approval of a neonatal drug. ``(iv) The value of the neonatal exclusivity voucher if transferred. ``(v) Identification of each drug for which a neonatal exclusivity voucher was used. ``(vi) The length of the period of time between the date on which a neonatal exclusivity voucher was awarded and the date on which it was used. ``(2) Report.--Not later than 1 year after the date under paragraph (1)(A), the Comptroller General shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report containing the results of the study under paragraph (1).''.

Promoting Life-Saving New Therapies for Neonates Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to award the sponsor of a new drug or biological product for the treatment of newborns a neonatal drug exclusivity voucher upon approval of the medication. A neonatal drug exclusivity voucher is a transferable voucher for a one-year extension of all existing patents and marketing exclusivities for a brand name medication. For a sponsor to be eligible for a voucher, the new medication must: (1) treat a condition identified in the Priority List of Critical Needs for Neonates required under this Act, and (2) have been studied in newborns. A voucher may be revoked if the new medication is not marketed in the United States within one year of approval. A voucher may not be used: (1) to extend the marketing exclusivity period for a drug for which the FDA requires an assessment of the safety and effectiveness in newborns, or (2) on the same product as a priority review voucher. A sponsor intending to use a voucher must notify the FDA at least 15 months before the expiration of the patents or exclusivity to be extended. The Government Accountability Office must study the effectiveness of this voucher program.

Promoting Life-Saving New Therapies for Neonates Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cargo Theft Deterrence Act of 1997''. SEC. 2. INTERSTATE OR FOREIGN SHIPMENTS BY CARRIER. (a) In General.--Section 659 of title 18, United States Code, is amended-- (1) by striking ``with intent to convert to his own use'' each place that term appears; (2) in the first undesignated paragraph-- (A) by inserting ``trailer,'' after ``motortruck,''; (B) by inserting ``air cargo container,'' after ``aircraft,''; and (C) by inserting ``, or from any intermodal container, trailer, container freight station, warehouse, or freight consolidation facility,'' after ``air navigation facility''; (3) in the fifth undesignated paragraph-- (A) by striking ``one year'' and inserting ``3 years''; and (B) by adding at the end the following: ``Notwithstanding the preceding sentence, the court may, upon motion of the Attorney General, reduce any penalty imposed under this paragraph with respect to any defendant who provides information leading to the arrest and conviction of any dealer or wholesaler of stolen goods or chattels moving as or which are a part of or which constitute an interstate or foreign shipment.''; (4) in the penultimate undesignated paragraph, by inserting after the first sentence the following: ``For purposes of this section, goods and chattel shall be construed to be moving as an interstate or foreign shipment at all points between the point of origin and the final destination (as evidenced by the waybill or other shipping document of the shipment), regardless of any temporary stop while awaiting transshipment or otherwise.''; and (5) by adding at the end the following: ``It shall be an affirmative defense (on which the defendant bears the burden of persuasion by a preponderance of the evidence) to an offense under this section that the defendant bought, received, or possessed the goods, chattels, money, or baggage at issue with the sole intent to report the matter to an appropriate law enforcement officer or to the owner of the goods, chattels, money, or baggage.''. (b) Federal Sentencing Guidelines.--Pursuant to section 994 of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines to provide a sentencing enhancement of not less than 2 levels for any offense under section 659 of title 18, United States Code, as amended by this section. (c) Report to Congress.--The Attorney General shall annually submit to Congress a report, which shall include an evaluation of law enforcement activities relating to the investigation and prosecution of offenses under section 659 of title 18, United States Code, as amended by this section. SEC. 3. ADVISORY COMMITTEE ON CARGO THEFT. (a) Establishment.-- (1) In general.--There is established a Committee to be known as the Advisory Committee on Cargo Theft (in this section referred to as the ``Committee''). (2) Membership.-- (A) Composition.--The Committee shall be composed of 6 members, who shall be appointed by the President, of whom-- (i) 1 shall be an officer or employee of the Department of Justice; (ii) 1 shall be an officer or employee of the Department of Transportation; (iii) 1 shall be an officer or employee of the Department of the Treasury; and (iv) 3 shall be individuals from the private sector who are experts in cargo security. (B) Date.--The appointments of the initial members of the Committee shall be made not later than 30 days after the date of enactment of this Act. (3) Period of appointment; vacancies.--Each member of the Committee shall be appointed for the life of the Committee. Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Initial meeting.--Not later than 15 days after the date on which all initial members of the Committee have been appointed, the Committee shall hold its first meeting. (5) Meetings.--The Committee shall meet, not less frequently than quarterly, at the call of the Chairperson. (6) Quorum.--A majority of the members of the Committee shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chairperson.--The President shall select 1 member of the Committee to serve as the Chairperson of the Committee. (b) Duties.-- (1) Study.--The Committee shall conduct a thorough study of, and develop recommendations with respect to, all matters relating to-- (A) the establishment of a national computer database for the collection and dissemination of information relating to violations of section 659 of title 18, United States Code (as added by this Act); and (B) the establishment of an office within the Federal Government to promote cargo security and to increase coordination between the Federal Government and the private sector with respect to cargo security. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Committee shall submit to the President and to Congress a report, which shall contain a detailed statement of results of the study and the recommendations of the Committee under paragraph (1). (c) Powers.-- (1) Hearings.--The Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers advisable to carry out the purposes of this section. (2) Information from federal agencies.--The Committee may secure directly from any Federal department or agency such information as the Committee considers necessary to carry out the provisions of this section. Upon request of the Chairperson of the Committee, the head of such department or agency shall furnish such information to the Committee. (3) Postal services.--The Committee may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (4) Gifts.--The Committee may accept, use, and dispose of gifts or donations of services or property. (d) Personnel Matters.-- (1) Compensation of members.-- (A) Non-federal members.--Each member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Committee. (B) Federal members.--Each member of the Committee who is an officer or employee of the United States shall serve without compensation in addition to that received for their service as an officer or employee of the United States. (2) Travel expenses.--The members of the Committee 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 Committee. (3) Staff.-- (A) In general.--The Chairperson of the Committee may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Committee to perform its duties. The employment of an executive director shall be subject to confirmation by the Committee. (B) Compensation.--The Chairperson of the Committee may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services.-- The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (e) Termination.--The Committee shall terminate 90 days after the date on which the Committee submits the report under subsection (b)(2). (f) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated such sums as may be necessary to the Committee to carry out the purposes of this section. (2) Availability.--Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

Cargo Theft Deterrence Act of 1997 - Amends the Federal criminal code regarding thefts pertaining to interstate or foreign shipments by carrier to include thefts of trailers and air cargo containers and thefts from freight consolidation facilities. Increases the maximum penalty from one year to three years imprisonment. Authorizes the court, upon motion of the Attorney General, to reduce any penalty imposed under such provisions for any defendant who provides information leading to the arrest and conviction of any dealer or wholesaler of stolen goods or chattels moving as, which are a part of, or which constitute, an interstate or foreign shipment. Specifies that goods and chattel shall be construed to be moving as an interstate or foreign shipment at all points between the point of origin and the final destination. Makes it an affirmative defense that the defendant bought, received, or possessed the goods at issue with the sole intent to report the matter to an appropriate law enforcement officer or to the owner. Directs: (1) the United States Sentencing Commission to amend the Federal sentencing guidelines to provide a sentencing enhancement of not less than two levels for any such offense; and (2) the Attorney General to annually submit to the Congress a report including an evaluation of law enforcement activities relating to the investigation and prosecution of such offenses. Establishes the Advisory Committee on Cargo Theft to study, and develop recommendations regarding, the establishment of: (1) a national computer database for the collection and dissemination of information relating to violations of cargo theft provisions; and (2) an office within the Federal Government to promote, and to increase coordination between the Government and the private sector regarding, cargo security. Authorizes appropriations.

Cargo Theft Deterrence Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Literacy and Education Coordinating Act of 2003''. SEC. 2. FINDINGS. Congress finds that-- (1) there is substantial evidence that many Americans do not have an adequate basis for making sound decisions about personal and household finances; (2) financial education could play a critical role in equipping consumers with the knowledge to make wise decisions, especially for lower income consumers and those underserved by the mainstream financial system; (3) an increased awareness of the availability of credit scores and credit reports, the process of accessing them, their significance in obtaining credit, and their effects on credit terms, are of paramount importance to consumers; (4) easily accessible and affordable resources which inform and educate investors as to their rights and avenues of recourse should be provided when an investor believes his or her rights have been violated by unprofessional conduct of market intermediaries; (5) a basic understanding of the operation of the financial services industry would help consumers and their families to make more informed choices about how best to progress economically, avoid harmful personal debt, avoid discriminatory and predatory practices, invest wisely, develop financial planning skills necessary for maximizing short- and long-term financial well being, and better prepare for retirement; (6) comprehensive financial education would help to provide individuals with the necessary tools to create household budgets, initiate savings plans, manage debt, and make strategic investment decisions for education, retirement, home ownership, or other savings goals; and (7) improved financial decision making, not simply more knowledge, should be the primary financial education goal. SEC. 3. FINANCIAL LITERACY AND EDUCATION COORDINATING COMMITTEE. (a) Establishment.--The Secretary of the Treasury shall establish within the Office of Financial Education of the Department of the Treasury, the Financial Literacy and Education Coordinating Committee (in this Act referred to as the ``Committee''). (b) Purposes.--The purposes of the Committee shall be-- (1) to coordinate financial literacy and education efforts among Federal departments and agencies; (2) to develop and implement a national strategy to promote basic financial literacy and education among all Americans; (3) to reduce overlap and duplication in Federal financial literacy and education activities; (4) to identify the most effective types of public sector financial literacy programs and techniques, as measured by improved consumer decision making; (5) to coordinate and promote financial literacy efforts at the State and local level, including partnerships among Federal, State, and local governments, nonprofit organizations, and private enterprises; and (6) to carry out such other duties as are deemed to be appropriate, consistent with this Act. SEC. 4. COMMITTEE DUTIES. (a) In General.--The Committee shall-- (1) not later than 1 year after the date of enactment of this Act, develop a national strategy to promote basic financial literacy among all American consumers; (2) coordinate Federal efforts to implement the strategy developed under paragraph (1); (3) not later than 1 year after the date of enactment of this Act, and annually thereafter, submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives regarding actions taken and progress made by the Committee in carrying out this Act during the reporting period, and any challenges remaining to implementation of such purposes; and (4) provide testimony by the chairperson of the Committee to either Committee referred to in paragraph (3), upon request. (b) Strategy.--The strategy to promote basic financial literacy required to be developed under subsection (a)(1) shall provide for-- (1) participation by State and local governments and private, nonprofit, and public institutions in the creation and implementation of such strategy; (2) the development of methods-- (A) to increase the general financial education level of current and future consumers of financial services and products; and (B) to enhance the general understanding of financial services and products; (3) review of Federal activities designed to promote financial literacy and education and development of a plan to improve coordination of such activities; (4) the identification of areas of overlap and duplication among Federal financial literacy and education activities and proposed means of eliminating any such overlap and duplication; and (5) a proposal to the President of a Federal financial literacy and education budget that supports such strategy and eliminates funding for such areas of overlap and duplication. SEC. 5. COMMITTEE MEMBERSHIP. (a) Composition.--The Committee shall be comprised of-- (1) the Secretary of the Treasury, who shall serve as the chairperson of the Committee; and (2) a representative from-- (A) each Federal banking agency (as defined in section 3 of the Federal Deposit Insurance Act), the National Credit Union Administration, the Securities and Exchange Commission, each of the Departments of Education, Agriculture, Defense, Health and Human Services, Labor, and Veterans Affairs, the Social Security Administration, the Federal Trade Commission, the Commodity Futures Trading Commission, and the Office of Personnel Management; and (B) a representative from any other department or agency that the Secretary determines to be engaged in a serious effort to improve financial literacy and education. (b) Assistance.--The Director of the Office of Financial Education of the Department of the Treasury shall provide to the Committee, upon request, such assistance as may be necessary. (c) Member Qualifications.--Members of the Committee shall be appointed by the heads of their respective departments or agencies. Each member and each alternate designated by any member unable to attend a meeting of the Committee, shall be an individual who exercises significant decisionmaking authority. (d) Meetings.--Meetings of the Committee shall occur not less frequently than quarterly, and at the call of the chairperson. (e) Consultation.--The Committee shall consult with private and nonprofit organizations and State and local agencies, as determined appropriate by the chairperson and the Committee.

Financial Literacy and Education Coordinating Act of 2003 - Directs the Secretary of the Treasury to establish within the Office of Financial Education of the Department of the Treasury, the Financial Literacy and Education Coordinating Committee to: (1) coordinate Federal financial literacy and education efforts; (2) develop and implement a national strategy to promote basic financial literacy and education among all Americans; (3) reduce overlap and duplication in Federal financial literacy and education activities; (4) identify the most effective types of public sector financial literacy programs and techniques, as measured by improved consumer decision making; and (5) coordinate and promote financial literacy efforts at the State and local level, including partnerships among Federal, State, and local governments, nonprofit organizations, and private enterprises.

A bill to establish the Financial Literacy and Education Coordinating Committee within the Department of the Treasury to improve the state of financial literacy and education among American consumers.

SECTION 1. SHORT TITLE. This Act may be cited as ``Child Protection Compact Act of 2011''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) The use of children for commercial sexual exploitation is a global phenomenon. Human trafficking affects millions of children worldwide. (2) Many countries with a high prevalence of trafficking in children lack financial resources, legal expertise, technical capacity, and other resources to appropriately protect and rescue these children, despite a demonstrated political will to do so. (3) The Department of State's Office to Monitor and Combat Trafficking in Persons placed 132 countries, out of 175 countries ranked, on Tier 2 or Tier 2 Watch List in its 2010 Trafficking in Persons report. (4) As a party to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime (the ``Palermo Protocol''), the United States has pledged to establish policies and programs to prevent and combat trafficking in persons and to protect victims of trafficking from revictimization and to share information, as appropriate, with law enforcement, immigration and other relevant authorities of other states parties with a view to combating trafficking in persons. (b) Declaration of Purpose.--The purpose of this Act is to provide incentives to Tier 2 countries and Tier 2 Watch List countries to protect and rescue children subjected to severe forms of trafficking in persons through the establishment of Child Protection Compacts between the United States and select, eligible countries with a significant prevalence of trafficking in children, in order to-- (1) address institutional weaknesses within the government that result in the failure to protect vulnerable children and to rescue and properly rehabilitate victims; (2) increase local government capacity to apprehend perpetrators who engage in severe forms of trafficking in children and bring perpetrators to justice in national courts of law; and (3) ensure transparency and accountability in achieving the goals stipulated in the Compact over the course of its three- year implementation. SEC. 3. DEFINITIONS. In this Act: (1) Ambassador.--The term ``Ambassador'' means the Ambassador-at-Large of the Department of State's Office to Monitor and Combat Trafficking in Persons. (2) Appropriate congressional committees.--Except as otherwise provided, the term ``appropriate congressional committees'' means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (3) Child protection.--The term ``child protection'' means efforts to prevent and respond to violence, exploitation, and abuse against children. (4) Compact.--The term ``Child Protection Compact'' or ``Compact'' means a Child Protection Compact described in section 6. (5) Minor.--The term ``minor'' means an individual who has not attained the age of 18 years. (6) National action plan for trafficking.--The term ``national action plan for trafficking'' means any strategy or long-term plan created by a national government that defines specific goals to-- (A) reduce the number of trafficking victims; (B) increase the number of prosecutions of traffickers; and (C) ensure proper mechanisms to rehabilitate and reintegrate survivors of human trafficking. (7) National child protection strategy.--The term ``national child protection strategy'' means any plan developed by a national government in consultation with multilateral bodies or nongovernmental organizations, including a plan derived from a preexisting process or created as part of a Child Protection Compact, that outlines-- (A) short-term and long-term goals for improving child protection and preventing child exploitation within a country; (B) the government ministries responsible for implementation of the plan; and (C) how coordination will take place between implementing ministries. (8) Secretary.--The term ``Secretary'' means the Secretary of State. (9) Severe forms of trafficking.--The term ``severe forms of trafficking in persons'' means-- (A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (B) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. (10) Tier 2 countries and tier 2 watch list countries.--The terms ``Tier 2 countries'' and ``Tier 2 Watch List countries'' mean those countries that the Secretary of State has listed pursuant to section 110(b)(1)(B) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)(B)) as countries to which the minimum standards set forth in section 108 of that Act are applicable and whose governments do not fully comply with such standards but are making significant efforts to do so. SEC. 4. AUTHORIZATION OF ASSISTANCE. (a) Assistance.--Subject to subsection (b), the Secretary is authorized to provide assistance under this section for each country that enters into a Compact with the United States pursuant to section 6 to support policies and programs that assist the country to eradicate severe forms of trafficking of children and are in furtherance of the purposes of this Act. (b) Avoidance of Duplication of Efforts.--To avoid duplication of efforts, the Secretary shall exercise the authority of subsection (a) only in coordination with the Administrator of the United States Agency for International Development, the Attorney General, and the Secretary of Labor. (c) Form of Assistance.--Assistance under this section may be provided in the form of grants, cooperative agreements, or contracts to or with eligible entities described in subsection (d). Assistance under this section may not be provided in the form of loans. (d) Eligible Entities.--An eligible entity referred to in subsection (c) is-- (1) the national government of the eligible country; (2) regional or local governmental units of the country; or (3) a nongovernmental organization or a private entity with expertise in the protection of vulnerable children, the investigation and prosecution of those who engage in or benefit from child trafficking, or rescue of child victims of trafficking. (e) Number and Amount of Compacts.--Subject to the availability of appropriations, the Secretary shall determine the number of Compacts based on the established need of the countries determined to be most eligible based on the criteria described in section 5. The amount of any single Compact shall not exceed a total of $15,000,000. (f) Annual Disbursements.--Disbursements shall be made to the eligible entities on an annual basis pursuant to the terms of the respective Compacts. SEC. 5. ELIGIBLE COUNTRIES. (a) Determination by the Secretary.--The Secretary, acting through the Office to Monitor and Combat Trafficking in Persons, shall work in consultation with the Bureau of Democracy, Human Rights, and Labor and the Department of Labor's Bureau of International Labor Affairs, and the relevant offices at the Department of Justice and the United States Agency for International Development, to select a country for purposes of entering into a Compact based on whether the country meets the initial criteria listed in subsection (b) and the selection criteria listed in subsection (c). The determination pursuant to subsection (c) shall be based, to the maximum extent possible, upon objective, documented, and quantifiable indicators. (b) Initial Criteria.-- (1) In general.--A country may be considered for a Compact if-- (A) the country is eligible for assistance from the International Development Association, and the per capita income of the country is equal to or less than the historical ceiling of the International Development Association; (B) subject to paragraph (2), the country is not ineligible to receive United States economic assistance under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) by reason of the application of any provision of the Foreign Assistance Act of 1961 or any other provision of law; and (C) the country is a Tier 2 country or Tier 2 Watch List country. (2) Rule of construction.--For the purposes of determining whether a country is eligible for receiving assistance under paragraph (1), the exercise by the President, the Secretary of State, or any other officer or employee of the United States of any waiver or suspension of any provision of law referred to in such paragraph, and notification to the appropriate congressional committees in accordance with such provision of law, shall be construed as satisfying the requirement of such paragraph. (c) Selection Criteria.--A country should be selected for purposes of entering into a Compact on the basis of-- (1) a documented high prevalence of trafficking of children within the country; and (2) demonstrated political will and sustained commitment by the government to undertake meaningful measures to address severe forms of trafficking of children, including-- (A) enactment and enforcement of laws criminalizing trafficking in children with punishments commensurate with the crime, including, when necessary, against complicit government officials; (B) cooperation with local and international non- governmental organizations with demonstrated expertise in combating trafficking in children; and (C) the treatment of child trafficking victims in accordance with Article 6(3) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime. SEC. 6. CHILD PROTECTION COMPACTS. (a) Compact.--The Secretary, acting through the Ambassador, may provide assistance for a country under this Act only if the country enters into an agreement with the United States, to be known as a ``Child Protection Compact'', that establishes a 3-year plan for achieving shared objectives in furtherance of the purposes of this Act. (b) Elements.--The Compact should take into account, if applicable, existing national child protection strategies and national action plans for human trafficking of the country and shall contain-- (1) the specific objectives that the country and the United States expect to achieve during the term of the Compact; (2) the responsibilities of the country and the United States in the achievement of such objectives; (3) the particular programs or initiatives to be undertaken in the achievement of such objectives and the amount of funding to be allocated to each program or initiative; (4) regular outcome indicators to monitor and measure progress toward achieving such objectives, including indicators for each program or initiative; (5) a multi-year financial plan, including the estimated amount of contributions by the United States and the country, if any, and proposed mechanisms to implement the plan and provide oversight, that describes how the requirements of paragraphs (1) through (4) will be met, including identifying the role of civil society in the achievement of such requirements; (6) where appropriate, a process or processes for consideration of solicited proposals under the Compact as well as a process for consideration of unsolicited proposals by the Secretary and national, regional, or local units of government; (7) the strategy of the country to sustain progress made toward achieving such objectives after expiration of the Compact; and (8) a list of civil society and nonprofit organizations that the government will partner or consult with to develop and sustain the child protection and prosecution capacity in the country. (c) Assistance for Development of Compact.--Notwithstanding subsection (a), the Secretary may enter into contracts or make grants for any eligible country for the purpose of facilitating the development and implementation of the Compact between the United States and the country. (d) Definition of Program or Initiative.--In this section, the term ``program or initiative'' may include the following: (1) Evaluation of legal standards and practices and recommendations for improvements that will increase the likelihood of successful prosecutions. (2) Training anti-trafficking police and investigators. (3) Building the capacity of domestic non-governmental organizations to educate vulnerable populations about the danger of severe forms of trafficking and to work with law enforcement to identify and rescue victims. (4) Creation of victim-friendly courts. (5) Development of appropriate after-care facilities for rescued victims or other rehabilitation and reintegration services for children, which may include education, vocational training, and psychosocial counseling, as appropriate. (6) Development and maintenance of data collection systems to monitor victims. (7) Development of regional cooperative plans with neighboring countries to prevent cross-border trafficking of children and child sex tourism. (8) Development of programs and practices that address demand, including educational curricula, social marketing campaigns, and specific law enforcement activities targeting demand. SEC. 7. SUSPENSION AND TERMINATION OF ASSISTANCE. (a) Suspension and Termination of Assistance.--The Secretary may suspend or terminate assistance in whole or in part for a country or entity under section 4 if the Secretary determines that-- (1) the country or entity is engaged in activities which are contrary to the national security interests of the United States; (2) the country or entity has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the country or entity, as the case may be; or (3) the country or entity has failed to adhere to its responsibilities under the Compact. (b) Reinstatement.--The Secretary may reinstate assistance for a country or entity under section 4 only if the Secretary determines that the country or entity has demonstrated a commitment to correcting each condition for which assistance was suspended or terminated under subsection (a). (c) Congressional Notification.--Not later than 3 days after the date on which the Secretary suspends or terminates assistance under subsection (a) for a country or entity, or reinstates assistance under subsection (b) for a country or entity, the Secretary shall submit to the appropriate congressional committees a report that contains the determination of the Secretary under subsection (a) or subsection (b), as the case may be. SEC. 8. CONGRESSIONAL NOTIFICATION AND ANNUAL REPORT. (a) Congressional Consultation Prior to Compact Negotiations.--Not later than 15 days prior to the start of negotiations of a Compact with a country, the Secretary-- (1) shall consult with the appropriate congressional committees with respect to the proposed Compact negotiation; and (2) shall identify the objectives and mechanisms to be used for the negotiation of the Compact. (b) Congressional Notification After Entering Into a Compact.--Not later than 10 days after entry into force of a Compact with a country, the Secretary shall provide notification of the Compact to the appropriate congressional committees, including a detailed summary of the Compact and a copy of the text of the Compact. (c) Annual Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the next 5 years, the President shall transmit to the appropriate congressional committees a report on the assistance provided under section 4 during the prior fiscal year. (2) Matters to be included.--The report shall include the following: (A) The amount of obligations and expenditures for assistance provided to each eligible country during the prior fiscal year. (B) For each country, an assessment of-- (i) the progress made during each year by the country toward achieving the objectives set out in the Compact entered into by the country; and (ii) the extent to which assistance provided under section 4 has been effective in helping the country to achieve such objectives. SEC. 9. SENSE OF CONGRESS. It is the sense of Congress that, of the total amounts to be appropriated for fiscal years 2012 through 2014 for the Department of State and foreign operations, up to $30,000,000 should be used to carry out the purposes of this Act.

Child Protection Compact Act of 2011 - Authorizes the Secretary of State, through the Ambassador-at-Large of the Department of State's Office to Monitor and Combat Trafficking in Persons, to provide assistance (grants, cooperative agreements, or contracts) for an eligible country with a significant prevalence of trafficking in children that enters into a Child Protection Compact with the United States to support policies and programs to eradicate the trafficking of children.

A bill to provide United States assistance for the purpose of eradicating severe forms of trafficking in children in eligible countries through the implementation of Child Protection Compacts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civic Justice Corps Act of 2011''. SEC. 2. PURPOSE. The purpose of this Act is to develop, implement, and expand educational and work experience opportunities for court-involved, previously incarcerated, and otherwise disadvantaged youth and young adults through service and conservation corps and other community-based service organizations. SEC. 3. FINDINGS. The Congress finds as follows: (1) On any given day, more than 500,000 juvenile court cases in the United States end in incarceration or probation. (2) The per diem cost of locking up one young person in a juvenile facility ranges from $24 in Wyoming to $726 in Connecticut, but the American Correctional Association estimates that, on average, it costs States $240.99 per day, or around $88,000 a year, for every young person in a juvenile facility. (3) States spend nearly $6,000,000,000 a year incarcerating youth. (4) Youth who are imprisoned are up to 50 percent more likely to recidivate than their counterparts who remain in their communities. (5) Nearly 70 percent of youth in residential facilities have been adjudicated for nonviolent offenses and could be safely managed within their communities. (6) The most effective programs at reducing recidivism rates and promoting positive life outcomes for youth are administered within communities, outside of the criminal juvenile justice system. (7) In the United States there are more than 150 service and conservation corps, the direct descendants of the Civilian Conservation Corps of the 1930s, that operate in all 50 States, provide educational and economic opportunities to more than 30,000 young people each year, and make important contributions in the communities in which they are located. (8) The Civic Justice Corps Model, developed by The Corps Network in conjunction with the Gates and Open Society Foundations, utilizes community service projects to deliver life skills, education, workforce readiness, and supportive and transitional services to formerly incarcerated and court- involved youth and young adults between the ages of 16 and 25. (9) Data from 14 original Civic Justice Corps sites demonstrate 80 percent post-program participant placement rates and 11 percent recidivism rates among program participants (as opposed to the prevailing recidivism rate of 50 to 70 percent). SEC. 4. DEFINITIONS. In this Act: (1) Civic justice corps model.--The term ``Civic Justice Corps Model'' refers to programs that-- (A) intentionally recruit and primarily enroll as participants in the program court-involved, previously incarcerated, and otherwise disadvantaged youth and young adults between the ages of 16 and 25; (B) provide such participants with educational programming and support designed to lead to a high school diploma or its recognized equivalent; (C) provide such participants with assessment, career planning, workforce readiness, and service or work experience designed to lead to unsubsidized employment, enrollment in postsecondary education or an apprenticeship program, the obtainment of an industry- recognized credential, or some other type of career pathway program, including military service; (D) demonstrate relationships with local criminal, juvenile justice, and other social service agencies and provide a range of supportive and transitional services to participants; (E) engage participants in relevant, necessary, and team-based community service projects designed to instill life and jobs skills and long-term civic engagement; (F) demonstrate relationships with local boards (as such term is defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)) and local employers and can provide participants with appropriate post-program placements; (G) require participants to be enrolled in the program for not less than 6 months, and provide participants with at least 12 months of post-program support and services; (H) collect post-program data for at least the 12 months after such participants complete the program; and (I) have in place a plan for sustaining the program after the expiration of the grant. (2) Local subgrantee.--The term ``local subgrantee'' refers to a service and conservation corps or other community-based service organization that-- (A) has been competitively selected by a national intermediary to carry out a Civic Justice Corps program that implements the Civic Justice Corps Model; and (B) demonstrates-- (i) a local need for a Civic Justice Corps program; (ii) the ability to recruit and enroll court-involved, previously incarcerated, and otherwise disadvantaged youth and young adults between the ages of 16 and 25; (iii) the ability to provide the education, workforce development, service and work experience, and supportive and follow-up services described in paragraph (1); (iv) relationships with local criminal, juvenile justice, and social service agencies; (v) relationships with local boards (as such term is defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)) and employers and the ability to place participants upon program completion; (vi) the ability to collect data and report on the performance measures described in section 6(b); and (vii) a plan to sustain the Civic Justice Corps program after the expiration of the subgrant. (3) National intermediary.--The term ``national intermediary'' means a national nonprofit organization that-- (A) has experience in developing and administering programs that utilize community service to deliver education and work experience to court-involved, formerly incarcerated, and otherwise disadvantaged youth; (B) demonstrates an ability to administer a competitive subgrant process that will result in the selection of no less than nine geographically diverse local subgrantees to carry out Civil Justice Corps programs that implement the Civic Justice Corps Model; (C) demonstrates an ability to provide training and technical assistance to subgrantees; and (D) has the ability to collect information from the subgrantees on the performance measures described in section 6(b) and report such information to the Attorney General on an annual basis. (4) Service and conservation corps.--The term ``service and conservation corps'' means any State or local service or conservation corps, including a service or conservation corps carried out under the national service laws. SEC. 5. CIVIC JUSTICE CORPS GRANTS. (a) In General.--The Attorney General shall award grants to one or more national intermediaries to develop, implement, and collect data from Civic Justice Corps programs administered by no fewer than nine local subgrantees in diverse geographic locations. (b) Grant and Subgrant Periods.--Each grant awarded to a national intermediary, and each subgrant awarded to a local subgrantee, under this section shall be for a period of 3 years. (c) Use of Grant Funds.-- (1) In general.--Each national intermediary receiving a grant under this section shall make at least nine subgrants to local subgrantees to carry out Civil Justice Corps programs that implement the Civil Justice Corps Model described in section 4(1) with the funds provided under such subgrant. (2) Reservation.--Each national intermediary receiving a grant under this section shall reserve-- (A) not less than 90 percent for subgrants to local subgrantees; and (B) not more than 10 percent for training and technical assistance to, and data collection from, such local subgrantees. (d) Use of Subgrants.--An entity receiving a subgrant under this section shall use the funds made available through such subgrant to carry out a Civic Justice Corps program that implements the Civic Justice Corps Model. Such program shall include the provision of educational programming and support to participants, which may include-- (1) basic instruction and remedial education; (2) language instruction for individuals with limited English proficiency; (3) secondary education services and activities, including drop-out prevention, tutoring, and other activities; (4) preparation for and access to postsecondary education opportunities, including counseling and assistance with applying for student financial aid; (5) work readiness training, which may include-- (A) development of basic skills, such as-- (i) arriving on time to work; (ii) being prepared to work; (iii) working independently; (iv) working with others; (v) working safely; and (vi) demonstrating a commitment to produce high quality work; (B) development of job-specific occupational skills and on-the-job training; and (C) assessment of skills, career counseling, and job search assistance; and (6) development and monitoring of individual education and career plans. SEC. 6. REPORTS. (a) Annual Reports to the Attorney General.--Each national intermediary receiving a grant under this Act shall submit a report annually to the Attorney General at such time, in such manner, and providing such information as the Attorney General may require, including information on the performance measures reported by subgrantees in accordance with subsection (b). (b) Subgrantee Reports on Performance Measures.--Each entity receiving a subgrant under this section shall annually report to the national intermediary that awarded such subgrant on the following performance measures of participant progress: (1) The obtainment of a high school diploma, a recognized equivalent, or some other industry-recognized credential. (2) Post-program placement for each participant in one of the following, and total post-program placement rates for each of the following: (A) Unsubsidized employment. (B) Postsecondary education. (C) A registered apprenticeship or further job training. (D) A career pathway program, including military service. (3) Post-program recidivism rates. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this section $20,000,000 for each of the fiscal years 2012 through 2018.

Civic Justice Corps Act of 2011 - Directs the Attorney General to award three-year Civic Justice Corps grants to national nonprofit organizations (national intermediaries) that have experience in developing and administering programs to deliver education and work experience to court-involved, formerly incarcerated, and otherwise disadvantaged youth and young adults between the ages of 16 and 25.  Requires such organizations to develop, implement, and collect data from Civic Justice Corps programs administered by at least nine local subgrantees in diverse geographic locations.  Requires national intermediaries and subgrantees to submit annual reports on performance measures of participant progress.

To provide grants for Civic Justice Corps programs for court-involved, previously incarcerated, and otherwise disadvantaged youth and young adults.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense of Environment and Property Act of 2015''. SEC. 2. NAVIGABLE WATERS. (a) In General.--Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by striking paragraph (7) and inserting the following: ``(7) Navigable waters.-- ``(A) In general.--The term `navigable waters' means the waters of the United States, including the territorial seas, that are-- ``(i) navigable-in-fact; or ``(ii) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. ``(B) Exclusions.--The term `navigable waters' does not include (including by regulation)-- ``(i) waters that-- ``(I) do not physically abut waters described in subparagraph (A); and ``(II) lack a continuous surface water connection to navigable waters; ``(ii) man-made or natural structures or channels-- ``(I) through which water flows intermittently or ephemerally; or ``(II) that periodically provide drainage for rainfall; or ``(iii) wetlands without a continuous surface connection to bodies of water that are waters of the United States. ``(C) EPA and corps activities.--An activity carried out by the Administrator or the Corps of Engineers shall not, without explicit State authorization, impinge upon the traditional and primary power of States over land and water use. ``(D) Aggregation; wetlands.-- ``(i) Aggregation.--Aggregation of wetlands or waters not described in clauses (i) through (iii) of subparagraph (B) shall not be used to determine or assert Federal jurisdiction. ``(ii) Wetlands.--Wetlands described in subparagraph (B)(iii) shall not be considered to be under Federal jurisdiction. ``(E) Judicial review.--If a jurisdictional determination by the Administrator or the Secretary of the Army would affect the ability of a State or individual property owner to plan the development and use (including restoration, preservation, and enhancement) of land and water resources, the State or individual property owner may obtain expedited judicial review not later than 30 days after the date on which the determination is made in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seeking the review. ``(F) Treatment of ground water.--Ground water shall-- ``(i) be considered to be State water; and ``(ii) not be considered in determining or asserting Federal jurisdiction over isolated or other waters, including intermittent or ephemeral water bodies. ``(G) Prohibition on use of nexus test.-- Notwithstanding any other provision of law, the Administrator may not use a significant nexus test (as used by EPA in the proposed document listed in section 3(a)(1)) to determine Federal jurisdiction over navigable waters and waters of the United States.''. (b) Applicability.--Nothing in this section or the amendments made by this section affects or alters any exemption under-- (1) section 402(l) of the Federal Water Pollution Control Act (33 U.S.C. 1342(l)); or (2) section 404(f) of the Federal Water Pollution Control Act (33 U.S.C. 1344(f)). SEC. 3. APPLICABILITY OF AGENCY REGULATIONS AND GUIDANCE. (a) In General.--The following regulations and guidance shall have no force or effect: (1) The final rule of the Corps of Engineers entitled ``Final Rule for Regulatory Programs of the Corps of Engineers'' (51 Fed. Reg. 41206 (November 13, 1986)). (2) The proposed rule of the Environmental Protection Agency entitled ``Advance Notice of Proposed Rulemaking on the Clean Water Act Regulatory Definition of `Waters of the United States''' (68 Fed. Reg. 1991 (January 15, 2003)). (3) The guidance document entitled ``Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in `Rapanos v. United States' & `Carabell v. United States''' (December 2, 2008) (relating to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)). (4) Any subsequent regulation of or guidance issued by any Federal agency that defines or interprets the term ``navigable waters'' or ``waters of the United States''. (b) Prohibition.--The Secretary of the Army, acting through the Chief of Engineers, and the Administrator of the Environmental Protection Agency shall not promulgate any rules or issue any guidance that expands or interprets the definition of navigable waters unless expressly authorized by Congress. SEC. 4. STATE REGULATION OF WATER. Nothing in this Act affects, amends, or supersedes-- (1) the right of a State to regulate waters in the State; or (2) the duty of a landowner to adhere to any State nuisance laws (including regulations) relating to waters in the State. SEC. 5. CONSENT FOR ENTRY BY FEDERAL REPRESENTATIVES. Section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1318) is amended by striking subsection (a) and inserting the following: ``(a) In General.-- ``(1) Entry by federal agency.--A representative of a Federal agency shall only enter private property to collect information about navigable waters if the owner of that property-- ``(A) has consented to the entry in writing; ``(B) is notified regarding the date of the entry; and ``(C) is given access to any data collected from the entry. ``(2) Access.--If a landowner consents to entry under paragraph (1), the landowner shall have the right to be present at the time any data collection on the property of the landowner is carried out.''. SEC. 6. COMPENSATION FOR REGULATORY TAKING. (a) In General.--If a Federal regulation relating to the definition of navigable waters or waters of the United States diminishes the fair market value or economic viability of a property, as determined by an independent appraiser, the Federal agency issuing the regulation shall pay the affected property owner an amount equal to twice the value of the loss. (b) Administration.--Any payment provided under subsection (a) shall be made from the amounts made available to the relevant agency head for general operations of the agency. (c) Applicability.--A Federal regulation described in subsection (a) shall have no force or effect until the date on which each landowner with a claim under this section relating to that regulation has been compensated in accordance with this section.

Defense of Environment and Property Act of 2015 This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to specify the types of water bodies that are "navigable waters" and therefore fall under the scope of the Act. Groundwater is considered to be state water. Activities carried out by the Environmental Protection Agency (EPA) or the U.S. Army Corps of Engineers may not impinge upon states' power over land and water use. States or individual property owners may obtain judicial review of jurisdictional determinations by the EPA or the Army Corps that would affect their ability to plan the development and use of land and water resources within 30 days after a determination. The EPA may not use a significant nexus test to determine federal jurisdiction over navigable waters and waters of the United States. The following rules are nullified: (1) the Army Corps' rule entitled "Final Rule for Regulatory Programs of the Corps of Engineers," (2) the EPA's proposed rule entitled "Advance Notice of Proposed Rulemaking on the Clean Water Act Regulatory Definition of 'Waters of the United States,'" (3) the guidance document entitled "Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in Rapanos v. United States & Carabell v. United States" (relating to the definition of waters under the jurisdiction of the Clean Water Act), and (4) any subsequent regulation or guidance issued by federal agencies that defines or interprets the term "navigable waters." The Army Corps and the EPA may not promulgate rules or issue guidance that expands or interprets the definition of navigable waters unless expressly authorized by Congress. Federal agencies must obtain the consent of private property owners prior to entering their land to collect information about navigable waters. Federal agencies that issue regulations that relate to the definition of navigable waters or waters of the United States and diminish the fair market value or economic viability of a property must pay the affected property owner an amount equal to twice the value of the loss. Until the landowners have been compensated, such a regulation will have no force or effect.

Defense of Environment and Property Act of 2015

OF IRAN'S PAST MILITARY DIMENSIONS OF IRAN'S NUCLEAR PROGRAM. Not later than 30 calendar days after the IAEA submits its final assessment on the resolution on all past and present outstanding issues related to Iran's nuclear program to the Board of Governors, the President shall submit to the appropriate congressional committees and leadership a detailed report on the IAEA's report to the Board of Governors, and shall provide to the appropriate congressional committees and leadership a briefing, in a classified setting as necessary, on how outstanding issues were resolved by the IAEA. SEC. 13. STATEMENT OF POLICY ON EFFECTIVE RE-IMPOSITION OF SANCTIONS. (a) Finding.--There is a wide range of national and multilateral tools, including the re-imposition of sanctions, available to the United States and United States partners, including European allies, should Iran fail to meet its JCPOA commitments. (b) Statements of Policy.-- (1) The United States is prepared to enforce any violation of the JCPOA. (2) The United States should continue to ensure that a range of national and multilateral tools remain available to respond to non-performance by Iran of its JCPOA commitments. (3) The United States will continue to leverage the commitments of its European allies to join in re-imposing sanctions in a calibrated manner as appropriate in the event Iran violates the JCPOA incrementally. SEC. 14. UNITED STATES COORDINATOR FOR THE JOINT COMPREHENSIVE PLAN OF ACTION. (a) Designation.--The President shall designate within the Department of State a special coordinator for implementation of and compliance with the Joint Comprehensive Plan of Action regarding the Iran's nuclear program (in this section referred to as the ``Coordinator''). (b) Status.--The role of the Coordinator should be filled by an official of the Department of State appointed by and serving at the pleasure of the President. (c) Duties.--The Coordinator shall carry out the following duties: (1) Coordinate all activities related to implementation of the Joint Comprehensive Plan of Action, including-- (A) activities of the United States Government necessary for implementation of the Joint Comprehensive Plan of Action; (B) activities of the United States Government to monitor all elements of the implementation of the JCPOA by Iran and track all incidences of noncompliance with the JCPOA; and (C) with the Secretary of Energy, activities of the United States Government with respect to the JCPOA that involve the International Atomic Energy Agency and other nongovernmental or multilateral organizations, as appropriate. (2) Coordinate with the Department of the Treasury and other agencies as appropriate-- (A) to ensure the continued comprehensive investigation and designation of persons providing support for, or otherwise facilitating, the ability of the Government of Iran-- (i) to acquire, develop, or engage in the proliferation of ballistic missiles or cruise missiles; (ii) to support, directly or indirectly, acts of international terrorism; or (iii) to commit human rights abuses; and (B) to assess and report on the use by the Government of Iran of funds made available through sanctions relief. (d) Consultations.--The Coordinator shall consult with Congress, domestic and international nongovernmental organizations, and multilateral organizations and institutions as the Coordinator considers appropriate to fulfill the purposes of this section. SEC. 15. UNIFIED POLICY ON ARMS AND BALLISTIC AND CRUISE MISSILE SALES TO IRAN. It is the sense of Congress that Iran should continue to be prohibited from undertaking any activity related to ballistic or cruise missiles capable of delivering nuclear weapons, including launches using ballistic or cruise missile technology, and United Nations member states should take all necessary measures to prevent the transfer of technology or technical assistance to Iran related to such activities. SEC. 16. INTERNATIONAL ATOMIC ENERGY AGENCY. (a) Sense of Congress.--It is the sense of Congress that the International Atomic Energy Agency (IAEA) must have sufficient funding, manpower, and authority to undertake its verification responsibilities related to the JCPOA or any other related agreement, and the President should engage with international partners to ensure that the IAEA receives the full additional $10,600,000 per year necessary to fulfill its verification responsibilities under the JCPOA or any other related agreement. (b) Report.--Not later than January 10, 2016, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report outlining efforts with international partners to achieve the goal in subsection (a) and identifying impediments to achieving the goal. (c) Authorization.--There are authorized to be appropriated for fiscal years 2016 through 2026 such sums as may be necessary to meet the United States annual funding commitments to the IAEA as well as the United States portion of additional funds needed for the IAEA to fulfill its verification responsibilities under the JCPOA or any other related agreement. SEC. 17. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Appropriate congressional committees and leadership.-- The term ``appropriate congressional committees and leadership'' means the appropriate congressional committees, the Majority and Minority Leaders of the Senate, and the Speaker, Majority Leader, and Minority Leader of the House of Representatives. (3) Joint comprehensive plan of action.--The term ``Joint Comprehensive Plan of Action'' means the Joint Comprehensive Plan of Action signed at Vienna on July 14, 2015, by Iran and by France, Germany, the Russian Federation, the People's Republic of China, the United Kingdom, and the United States, and all implementing materials and agreements related to the Joint Comprehensive Plan of Action. (4) Intelligence community.--The term ``intelligence community'' means the intelligence community specified in or designated under section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).

Iran Policy Oversight Act of 2015 This bill directs the Department of State, the Department of Defense, the Department of the Treasury, and the Director of National Intelligence to submit to Congress every two years a joint 10-year strategy to counter Iranian activities in the Middle East, North Africa, and beyond. The President is authorized to: take appropriate measures to enhance Israel's qualitative military edge, deter Iranian conventional and nuclear threats, and counter non-peaceful Iranian nuclear activities; provide any additional foreign military financing to Israel in FY2018-FY2028 to address Iranian threats; and accelerate co-development and support Israeli development of missile defense systems, and to engage in discussions to bolster Israel's conventional deterrent and deepen intelligence cooperation. The President shall provide assistance to ensure Israel's qualitative military edge and deter Iranian conventional and nuclear threats. It is the sense of Congress that Treasury's Office of Foreign Assets Control should be fully funded to ensure strict enforcement of sanctions against Iranian actors in the areas of ballistic or cruise missile proliferation, terrorism, and human rights abuses, and to ensure effective re-imposition of sanctions in the event of Iran's violation or breach of the Joint Comprehensive Plan of Action (JCPOA). U.S. property sanctions shall be continued against Iranian persons/entities engaged in the proliferation of weapons of mass destruction, including missile proliferation, terrorism, or human rights abuses, until the President makes public a notification that justifies lifting sanctions. The President shall report to Congress every 180 days regarding specified uses of funds by Iran received as part of sanctions relief under the JCPOA. If the President determines that Iran has directed or conducted an act of terrorism against the United States or that Iran has substantially increased its operational or financial support for a terrorist organization that threatens U.S. interests or allies, there shall be an expedited procedure for congressional approval of new sanctions against Iran. The Atomic Energy Act of 1954 is amended to require the President to report to Congress every 180 days regarding Iranian research and development and breakout times. The President shall designate within the State Department a special coordinator for implementation of and compliance with the JCPOA regarding the Iran's nuclear program. It is the sense of Congress that: Iran should continue to be prohibited from undertaking any activity related to ballistic or cruise missiles capable of delivering nuclear weapons; and the International Atomic Energy Agency must have sufficient funding, manpower, and authority to undertake its verification responsibilities related to the JCPOA or any other related agreement.

Iran Policy Oversight Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Empowerment Zone Act of 2003''. SEC. 2. HEALTH EMPOWERMENT ZONES. (a) Health Empowerment Zone Programs.-- (1) In general.--The Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration and the Director of the Office of Minority Health, and in cooperation with the Director of the Office of Community Services and the Director of the National Center for Minority Health and Health Disparities-- (A) shall designate health empowerment zones in accordance with paragraph (2); and (B) shall make grants in accordance with paragraph (3). (2) Designation of health empowerment zones.--The Secretary may designate a community as a health empowerment zone if-- (A) a community partnership seeking a grant under this section requests that the community be designated as a health empowerment zone; and (B) the community partnership demonstrates, to the Secretary's satisfaction, that the community is a community of color that experiences disproportionate disparities in health status and health care. (3) Grants.--The Secretary shall make grants to community partnerships of private and public entities to establish health empowerment zone programs. (4) Use of funds.--Grants under this section shall be used for the establishment of a health empowerment zone program to assist individuals, businesses, schools, minority health associations, nonprofit organizations, community-based organizations, hospitals, health care clinics, and foundations in a health empowerment zone that are seeking-- (A) to effectively access Federal programs to improve the health or environment of 1 or more minority individuals in the community and eliminate racial and ethnic disparities in health status and health care; and (B) to coordinate the efforts of governmental and private entities regarding the elimination of racial and ethnic disparities in health status and health care. (5) Establishment in territory or possession.--The Secretary shall make at least 1 grant under this section to a community partnership for a health empowerment zone program in a health empowerment zone that is located in a territory or possession of the United States. (6) Application.--To seek the designation of a community as a health empowerment zone and to obtain a grant under this section, a community partnership shall submit to the Secretary an application in such form and in such manner as the Secretary may require. An application under this paragraph shall-- (A) demonstrate that the community to be served is a community of color that experiences disproportionate disparities in health status and health care; (B) set forth a strategic plan for the proposed health empowerment zone program, by-- (i) describing the coordinated health, economic, human, community, and physical development plan and related activities proposed for the community involved; (ii) describing the inclusion of the community involved as a full partner in the process of developing, implementing, monitoring, and evaluating the strategic plan and the extent to which local institutions and organizations have contributed to the planning process; (iii) identifying the projected amount of Federal, State, local, and private resources that will be available in the area and the private and public community partnerships to be used (including any participation by or cooperation with universities, colleges, foundations, nonprofit organizations, medical centers, hospitals, health clinics, school districts, or other private and public entities); (iv) identifying the funding requested under any Federal program in support of the proposed health, economic, human, community, and physical development, and related activities; (v) identifying baselines, methods, health outcomes, and benchmarks for measuring the success of carrying out the strategic plan; (vi) demonstrating the ability to effectively reach and service the targeted underserved minority community populations in a culturally appropriate and linguistically responsive manner; (vii) demonstrating a capacity and infrastructure to provide long-term community response that is culturally appropriate and linguistically responsive to a community of color that experiences disproportionate disparities in health status and health care; and (viii) identifying the individuals who have agreed to serve as members of a health empowerment zone coordinating committee for the community involved; and (C) include such other information as the Secretary may require. (7) Preference.--In awarding grants under this subsection, the Secretary shall give preference to proposals from indigenous community entities that have an expertise in providing culturally appropriate and linguistically responsive services to communities of color that experience disproportionate disparities in health status and health care. (b) Federal Assistance for Health Empowerment Zone Grant Programs.--The Secretary of Health and Human Services, the Administrator of the Small Business Administration, the Secretary of Agriculture, the Secretary of Education, the Secretary of Labor, and the Secretary of Housing and Urban Development shall each-- (1) where appropriate, provide entity-specific technical assistance and evidence-based strategies to communities of color that experience disproportionate disparities in health status and health care to further the purposes of a health empowerment zone program described in subsection (a)(5); (2) identify all programs administered by the Department of Health and Human Services, the Small Business Administration, the Department of Agriculture, the Department of Education, the Department of Labor, and the Department of Housing and Urban Development, respectively, that may be used to further the purposes of a health empowerment zone program described in subsection (a)(5); and (3) in administering any program identified under paragraph (2), give priority to any individual or entity located in a community served by a health empowerment zone program under subsection (a) if such priority would further the purposes of the health empowerment zone program described in subsection (a)(5). (c) Health Empowerment Zone Coordinating Committee.-- (1) Establishment.--For each health empowerment zone program established with a grant under subsection (a), the Secretary, acting through the Director of the Office of Minority Health and the Administrator of the Health Resources and Services Administration, shall establish a health empowerment zone coordinating committee. (2) Duties.--Each coordinating committee established, in coordination with the Director of the Office of Minority Health and the Administrator of the Health Resources and Services Administration, shall provide technical assistance and evidence-based strategies to the grant recipient involved, including providing guidance on research, strategies, health outcomes, program goals, management, implementation, monitoring, assessment, and evaluation processes. (3) Membership.-- (A) Appointment.--The Director of the Office of Minority Health and the Administrator of the Health Resources and Services Administration, in consultation with the respective grant recipient, shall appoint the members of each coordinating committee. (B) Composition.--The Director of the Office of Minority Health and the Administrator of the Health Resources and Services Administration shall ensure that each coordinating committee-- (i) has not more than 20 members; (ii) includes individuals from communities of color that experience disproportionate disparities in health status and health care; (iii) includes community leaders and leaders of community-based organizations; (iv) includes representatives of academia and lay and professional organizations and associations including those having expertise in medicine, technical, social and behavioral science, health policy, advocacy, cultural and linguistic competency, research management, and organization; and (v) represents a reasonable cross-section of knowledge, views, and application of expertise on societal, ethical, behavioral, educational, policy, legal, cultural, linguistic, and workforce issues related to eliminating disparities in health and health care. (C) Qualifications.--The Director of the Office of Minority Health and the Administrator of the Health Resources and Services Administration shall ensure that the members of each coordinating committee meet the following: (i) No member is employed by the Federal Government. (ii) Each member has appropriate experience, including experience in the areas of community development, cultural and linguistic competency, reducing and eliminating racial and ethnic disparities in health and health care, or minority health. (iii) A majority of the members reside in the health empowerment zone involved. (D) Selection.--In selecting individuals to serve on a coordinating committee, the Director of the Office of Minority Health and the Administrator of the Health Resources and Services Administration shall give due consideration to the recommendations of the Congress, industry leaders, the scientific community (including the Institute of Medicine), academia, community based nonprofit organizations, minority health and related organizations, the education community, State and local governments, and other appropriate organizations. (E) Chairperson.--The Director of the Office of Minority Health and the Administrator of the Health Resources and Services Administration, in consultation with the members of the coordinating committee involved, shall designate a chairperson of the coordinating committee, who shall serve for a term of 3 years and who may be reappointed at the expiration of each such term. (F) Terms.--Each member of a coordinating committee shall be appointed for a term of 1 to 3 years in overlapping staggered terms, as determined by the Director of the Office of Minority Health and the Administrator of the Health Resources and Services Administration at the time of appointment, and may be reappointed at the expiration of each such term. (G) Vacancies.--A vacancy on a coordinating committee shall be filled in the same manner in which the original appointment was made. (H) Compensation.--The members of a coordinating committee shall serve without pay. (I) Travel expenses.--Each member of a coordinating committee shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (4) Staff; experts and consultants.-- (A) Staff.--The chairperson of a coordinating committee may appoint and fix the pay of additional personnel as the chairperson considers appropriate. (B) Experts and consultants.--The chairperson of a coordinating committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (5) Meetings.--A coordinating committee shall meet 3 to 5 times each year, at the call of the coordinating committee's chairperson and in consultation with the Director of the Office of Minority Health and the Administrator of the Health Resources and Services Administration. (6) Report.--Each coordinating committee shall transmit to the Congress an annual report that, with respect to the health empowerment zone program involved, includes the following: (A) A review of the program's effectiveness in achieving stated goals and outcomes, and overcoming challenges. (B) A review of the program's management and coordination of the entities involved. (C) A review of the activities in the program's portfolio and components. (D) An identification of policy issues raised by the program. (E) An assessment of program's results including that of capacity, infrastructure, number of underserved minority communities reached and retained in the effort in a defined time frame. (F) Recommendations for new program goals, research areas, enhanced approaches, community partnerships, coordination and management mechanisms, and projects to be established to achieve the program's stated goals, to improve outcomes, assessments, monitoring, and evaluation. (G) A review of the degree of minority entities participation in the program, and an identification of a strategy to increase such participation. (H) Any other reviews or recommendations determined to be appropriate by the coordinating committee. (d) Report.--The Director of the Office of Minority Health and the Administrator of the Health Resources and Services Administration shall submit a joint annual report to the appropriate committees of the Congress on the results of the implementation of programs under this section. (e) Definitions.--In this section: (1) Coordinating committee.--The term ``coordinating committee'' means a health empowerment zone coordinating committee established under this section. (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $100,000,000 for fiscal year 2004, and such sums as may be necessary for each of fiscal years 2005 through 2010.

Health Empowerment Zone Act of 2003 - Authorizes the Secretary of Health and Human Services to designate a community as a health empowerment zone if a participating community partnership: (1) requests such designation; and (2) demonstrates that the community is a community of color experiencing disproportionate disparities in health status and health care. Directs the Secretary to make: (1) grants to community partnerships of private and public entities to establish health empowerment zone programs to assist individuals, businesses, schools, minority health associations, nonprofit organizations, community-based organizations, hospitals, health care clinics, and foundations in a health empowerment zone that are seeking to improve the health or environment of minority individuals and eliminate racial and ethnic disparities in health status and health care; (2) at least one grant in a health empowerment zone in a U.S. territory or possession; and (3) establish a health empowerment zone coordinating committee for each zone. Directs the Secretary, the Administrator of the Small Business Administration, the Secretary of Agriculture, the Secretary of Education, the Secretary of Labor, and the Secretary of Housing and Urban Development to provide assistance for such programs.

To direct the Secretary of Health and Human Services to establish health empowerment zone programs in communities that disproportionately experience disparities in health status and health care, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient Access to Durable Medical Equipment Act of 2016''. SEC. 2. EXTENSION OF THE TRANSITION TO NEW PAYMENT RATES FOR DURABLE MEDICAL EQUIPMENT UNDER THE MEDICARE PROGRAM. The Secretary of Health and Human Services shall extend the transition period described in clause (i) of section 414.210(g)(9) of title 42, Code of Federal Regulations, from June 30, 2016, to June 30, 2017 (with the full implementation described in clause (ii) of such section applying to items and services furnished with dates of service on or after July 1, 2017). SEC. 3. FLOOR ON BID CEILING FOR COMPETITIVE ACQUISITION FOR DURABLE MEDICAL EQUIPMENT UNDER THE MEDICARE PROGRAM. Section 1847(b)(5) of the Social Security Act (42 U.S.C. 1395w- 3(b)(5)) is amended-- (1) in subparagraph (A)-- (A) by inserting ``, subject to subparagraph (E),'' after ``subsection (a)(2)''; and (B) by inserting ``, subject to subparagraph (E),'' after ``Based on such bids''; and (2) by adding at the end the following new subparagraph: ``(E) Floor on bid ceiling for durable medical equipment.-- ``(i) In general.--The ceiling for a bid submitted for applicable covered items may not be less than the fee schedule amount that would otherwise be determined under section 1834(a), section 1834(h), or section 1842(s) for such items furnished on July 1, 2016 (determined as if section 2 of the Patient Access to Durable Medical Equipment Act of 2016 had not been enacted). ``(ii) Applicable covered items defined.-- For purposes of this subparagraph, the term `applicable covered items' means competitively priced items and services described in subsection (a)(2) that are furnished with respect to rounds of competition that begin on or after January 1, 2017.''. SEC. 4. REQUIREMENTS IN DETERMINING ADJUSTMENTS USING INFORMATION FROM COMPETITIVE BIDDING PROGRAMS. (a) In General.--Section 1834(a)(1)(G) of the Social Security Act (42 U.S.C. 1395m(a)(1)(G)) is amended by adding at the end the following new sentence: ``In the case of items and services furnished on or after January 1, 2019, in making any adjustments under clause (ii) or (iii) of subparagraph (F), under subsection (h)(1)(H)(ii), or under section 1842(s)(3)(B), the Secretary shall-- ``(i) solicit and take into account stakeholder input; and ``(ii) take into account the highest amount bid by a winning supplier in a competitive acquisition area and a comparison of each of the following with respect to non-competitive acquisition areas and competitive acquisition areas: ``(I) The average travel distance and cost associated with furnishing items and services in the area. ``(II) Any barriers to access for items and services in the area. ``(III) The average delivery time in furnishing items and services in the area. ``(IV) The average volume of items and services furnished by suppliers in the area. ``(V) The number of suppliers in the area.''. (b) Conforming Amendments.--(1) Section 1834(h)(1)(H)(ii) of the Social Security Act (42 U.S.C. 1395m(h)(1)(H)(ii)) is amended by striking ``the Secretary'' and inserting ``subject to subsection (a)(1)(G), the Secretary''. (2) Section 1842(s)(3)(B) of the Social Security Act (42 U.S.C. 1395m(s)(3)(B)) is amended by striking ``the Secretary'' and inserting ``subject to section 1834(a)(1)(G), the Secretary''. SEC. 5. REPORTS ON THE RESULTS OF THE MONITORING OF ACCESS OF MEDICARE BENEFICIARIES TO DURABLE MEDICAL EQUIPMENT AND OF HEALTH OUTCOMES. Not later than October 1, 2016, January 1, 2017, April 1, 2017, and July 1, 2017, the Secretary of Health and Human Services shall publish on the Internet website of the Centers for Medicare & Medicaid Services the results of the monitoring of access of Medicare beneficiaries to durable medical equipment and of health outcomes, as described on page 66228 in the final rule published by the Center for Medicare & Medicaid Services on November 6, 2014, and entitled ``Medicare Program; End- Stage Renal Disease Prospective Payment System, Quality Incentive Program, and Durable Medical Equipment, Prosthetics, Orthotics, and Supplies'' (79 Fed. Reg. 66120-66265). SEC. 6. REVISION OF EFFECTIVE DATE OF PROVISION LIMITING FEDERAL MEDICAID REIMBURSEMENT TO STATES FOR DURABLE MEDICAL EQUIPMENT (DME) TO MEDICARE PAYMENT RATES. (a) In General.--Section 1903(i)(27) of the Social Security Act (42 U.S.C. 1396b(i)(27)) is amended by striking ``January 1, 2019'' and inserting ``October 1, 2018''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the enactment of section 503 of division O of Public Law 114-113. Passed the Senate June 21, 2016. Attest: JULIE E. ADAMS, Secretary.

Patient Access to Durable Medical Equipment Act of 2016 (Sec. 2) This bill amends title XVIII (Medicare) of the Social Security Act to delay by one year the full implementation of new Medicare payment rates for durable medical equipment (such as wheelchairs). (Sec. 3) In addition, the bill specifies that the bid ceiling for durable medical equipment items under Medicare's competitive acquisition program (through which rates are set according to a bidding process rather than by an established fee schedule) shall not be less than the fee schedule amount that would otherwise be determined for those items. (Sec. 4) Under current law, the Centers for Medicare & Medicaid Services (CMS) must use payment information from competitive acquisition programs to make payment adjustments for durable medical equipment items furnished in areas outside of such programs. Current law also allows, but does not require, CMS to make such adjustments with respect to certain orthotics (such as splints and braces) and parenteral and enteral nutrients, equipment, and supplies (such as feeding tubes). The bill requires CMS, in making these adjustments, to account for stakeholder input. In addition, CMS must account for a comparison of competitive acquisition areas and other areas with respect to the following factors: average travel distance and cost associated with furnishing items and services, barriers to access, average delivery time, average volume of items and services furnished by suppliers, and number of suppliers. (Sec. 5) In four quarterly reports, CMS must publish on its website the results of the monitoring of health outcomes and Medicare beneficiaries' access to durable medical equipment. (Sec. 6) The bill accelerates the applicability, from January 1, 2019, to October 1, 2018, of provisions of current law that limit federal Medicaid reimbursement to states for durable medical equipment to Medicare payment rates.

Patient Access to Durable Medical Equipment Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Afterschool STEM Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Numerous authoritative studies document that the proficiency of students in the United States in science, technology, engineering, and mathematics (``STEM'') will have a major impact on the Nation's future economic competitiveness and on the preeminence of the United States in scientific inquiry and technological innovation. (2) Results from the National Assessment of Educational Progress, the Trends in International Mathematics and Science Study, the Programme for International Science Assessment, and other sources show that students in the United States are not demonstrating sufficient achievement in the STEM subjects and are not keeping pace with students in other countries. (3) Research demonstrates the importance of afterschool programs in engaging students in STEM fields and building STEM- relevant skills and proficiencies, especially for girls, students from populations traditionally underrepresented in STEM fields, and students from low socioeconomic circumstances. (4) A National Research Council consensus study confirmed the importance of learning that occurs in out-of-school-time settings such as afterschool programs and science centers, and proposed a set of ``strands of science learning'' framework that articulated capabilities fostered by informal learning environments. (5) According to a 2013 study entitled ``Defining Youth Outcomes for STEM Learning in Afterschool'', the afterschool field is confident in its ability to help young people develop interest in STEM and STEM learning activities, develop capacities to productively engage in such activities, and come to value them. The afterschool field is also confident that it can impact skills such as problem-solving abilities, demonstrating STEM skills, career awareness, and 21st century skills, such as teamwork, that are important to the workforce and national economic goals. (6) The Federal Government should use its resources as effectively as possible to increase opportunities for students to be exposed to STEM subjects outside of the school day and to build a balanced kindergarten through grade 12 STEM education portfolio that fosters learning in school as well as in out-of- school-time programs. (7) Afterschool programs have long partnered with other youth-serving and community organizations to meet the needs of students. Cross-sector collaborations between afterschool programs, schools, science centers, institutions of higher education, businesses, and other entities are yielding great benefits for engaging young people in STEM fields. (8) As interest and momentum grows around STEM programming in afterschool, more and better partnerships across Federal agencies become increasingly important to leverage resources and offer high-quality, hands-on STEM experiences for youth. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to enhance America's economic competitiveness by strengthening STEM education through fostering interest and success in STEM subjects among certain student populations in kindergarten through grade 12; (2) to engage Federal agencies and foster interagency collaboration in STEM education afterschool program investments; (3) to recognize the important role that afterschool programs offered by nonprofit and community-based organizations, science centers, museums, libraries, and other such entities, play in STEM education and to support their efforts; (4) to involve institutions of higher education as partners in such efforts and foster increased collaboration; and (5) to inspire young people to study and work in STEM subjects. SEC. 4. DEFINITIONS. In this Act: (1) Afterschool or stem network.--The term ``afterschool or STEM network'' means a coalition that fosters partnerships and provides support to afterschool program providers and STEM education providers to develop and sustain quality education programming for children and youth in afterschool programs. (2) Afterschool program.--The term ``afterschool program'' means a structured program offered for elementary school, middle school, or secondary school students when school is not in session, such as before or after school, on the weekend, or during the summer. (3) Director.--The term ``Director'' means the Director of the National Science Foundation. (4) Elementary school.--The term ``elementary school'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5) Middle school.--The term ``middle school'' means a nonprofit institutional day or residential school, including a public charter school, that provides middle grades education, as determined under State law. (6) Secondary school.--The term ``secondary school'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (7) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (8) STEM.--The term ``STEM'' means science, technology, engineering, or mathematics, and includes the fields of computer science and robotics. SEC. 5. AFTERSCHOOL STEM SUPPORT GRANT PROGRAM. (a) Goals of Program.--The goals of the afterschool STEM grant program carried out under this Act are-- (1) to support the development and delivery of high-quality STEM education to populations underrepresented in STEM fields; (2) to leverage the expertise and infrastructure available to afterschool programs that include STEM content through afterschool or STEM networks; (3) to leverage existing Federal STEM education investments, as of the date of enactment of this Act, in order to encourage STEM-focused grant recipients to lend their time and expertise to afterschool programs that include STEM content; and (4) to provide hands-on learning and exposure to STEM research facilities and businesses through in-person or virtual distance-learning experiences. (b) Program Authorized.-- (1) In general.--From amounts appropriated to carry out this Act and not reserved under paragraph (4), the Director shall award grants, on a competitive basis, to afterschool or STEM networks-- (A) to support afterschool programs that include STEM content through the activities described in subsection (e); and (B) to carry out the goals described in subsection (a). (2) Duration.--Each grant awarded under this Act shall be for a period of not more than 3 years. (3) Amounts.--The Director shall ensure that each grant awarded under this Act is in an amount that is sufficient to carry out the goals described in subsection (a). (4) Reservation.--From the amounts appropriated for this grant, the Director shall reserve 20 percent of such funds to develop and support new afterschool or STEM networks in States or areas where such networks do not exist. (c) Application.-- (1) In general.--An afterschool or STEM network desiring a grant under subsection (b)(1) shall submit an application at such time, in such manner, and containing such information that the Director may require. (2) Contents.--The application described in paragraph (1) shall, at a minimum, include-- (A) a description of the status of afterschool STEM programming in the State or area in which the afterschool or STEM network is located, including-- (i) the number of afterschool programs in the State or area; (ii) the number of such afterschool programs focused on STEM subjects and activities; (iii) the number of students served by existing afterschool programs, as of the date of the application, in the State or area; (iv) the number of students served by existing afterschool programs that include STEM content in the State or area; (v) the unmet demand for afterschool programs in the State or area; and (vi) the unmet demand for afterschool programs focused on STEM subjects and activities in the State or area; (B) an analysis of existing and needed resources that identifies areas and populations most in need of opportunities for high-quality afterschool programs that include STEM content; (C) a description of the current and past work carried out by the afterschool or STEM network to support the needs of afterschool program providers in the State or area served by the network; (D) a detailed plan that describes initiatives that shall be undertaken to-- (i) support and grow afterschool programs that include STEM content; and (ii) leverage existing Federal investments in afterschool programs and STEM education, as of the date of the application; (E) a description of financial and other commitments that support expanded afterschool STEM programming in the State or area served by the network; and (F) a description of any confirmed or potential partners that will work with the afterschool or STEM network to carry out the activities under the grant. (d) Priority.--In awarding grants under subsection (b)(1), the Director shall give priority to applications from afterschool or STEM networks that-- (1) demonstrate a clear understanding of the afterschool programs and settings, and the status of afterschool programs that include STEM content, in the State or area to be served by the grant; (2) have established working relationships with afterschool program and STEM education stakeholders in the State or area; (3) are working to advance the availability of high-quality afterschool programs that include STEM content for underserved populations and populations underrepresented in STEM fields, including girls; and (4) are leveraging Federal or other public investments in STEM education or afterschool programming. (e) Uses of Funds.--An afterschool or STEM network that receives a grant under subsection (b)(1) may use grant funds to carry out any of the following activities: (1) Develop quality standards for STEM programming in afterschool programs and provide technical assistance to afterschool programs to implement such standards. (2) Work with State education stakeholders to define and promote appropriate measurable outcomes for afterschool programs that include STEM content. (3) Provide technical assistance to afterschool programs to start or grow their afterschool STEM efforts and define appropriate learning outcomes for such efforts. (4) Coordinate professional development for afterschool program educators by-- (A) identifying training programs that are available, as of the time of the identification, for afterschool program educators; (B) working with partners to allow joint professional development with teachers at elementary schools, middle schools, and secondary schools, as appropriate; and (C) partnering with teacher training programs to utilize afterschool programs for practicum experiences, employment placements, and other opportunities. (5) Help afterschool program providers form strategic partnerships as needed to advance STEM learning in afterschool programs, including partnerships with elementary schools, middle schools, secondary schools, institutions of higher education (including community colleges and programs and schools of education), businesses, research facilities, national laboratories, science centers, and other appropriate entities. (6) Create and disseminate tool kits to afterschool programs wanting to form partnerships and incorporate STEM professionals as mentors and role models that-- (A) provide technical assistance and guidance, including assistance in connecting afterschool program providers with STEM researchers and professionals who may be able to assist in STEM-focused activities; (B) include-- (i) examples of strong afterschool programs that have incorporated such partnerships to serve as models; (ii) a list of potential partners that could assist in STEM-focused activities; and (iii) guidance on how to engage STEM professionals, mentors, and role models in the program; and (C) identify federally supported STEM education programs and research in the State or area served by the grant. (7) Provide technical assistance to federally funded STEM researchers and professionals who wish to engage with afterschool programs that, at a minimum, includes-- (A) examples of partnerships between afterschool programs and institutions rich in STEM resources; (B) a resource that provides a description of the afterschool program setting, the opportunities for engagement in afterschool programs, and the constraints of which the researchers or professionals need to be aware; (C) how to find an afterschool program provider with which the researcher or professional would like to engage; (D) how to ensure an effective and productive partnership with the afterschool provider through mutually beneficial engagement, and engage in a productive conversation with the afterschool provider to determine if the partnership will be productive; (E) how to craft a mutually beneficial engagement and partnership; and (F) guidance on how to measure appropriate outcomes for afterschool programs and afterschool programs that include STEM content. (8) Any other activity, as proposed in the application and determined appropriate by the Director. (f) Report.--Each afterschool or STEM network receiving a grant under subsection (b)(1) shall submit an annual report to the Director regarding the progress of the grant. SEC. 6. FEDERAL PARTNERSHIP WITH AFTERSCHOOL PROGRAMS. Beginning not later than 180 days after the date of enactment of this Act, the Director shall provide information, to each recipient of a STEM research grant under the authority of the Director, on opportunities to engage with students in out-of-school-time programs, such as through mentorships. Such information shall include-- (1) a listing of all afterschool or STEM program networks in the region of the recipient; (2) a toolkit that provides guidance to federally funded STEM researchers on how to engage and partner with afterschool STEM program providers and lend their time and expertise in afterschool programs that include STEM content; (3) information regarding how to create opportunities to have students visit laboratories; and (4) guidance regarding how to create age-appropriate research projects for students. SEC. 7. REPORT. By not later than 180 days after the date of enactment of this Act, the Director shall prepare and submit to Congress a report on Federal STEM investments in afterschool programs and the best practices for afterschool programs incorporating STEM subjects into their programs.

Supporting Afterschool STEM Act Requires the Director of the National Science Foundation (NSF) to establish an afterschool STEM (Science, Technology, Engineering, and Mathematics) grant program awarding competitive grants to afterschool or STEM networks to: develop quality standards for STEM programming in afterschool programs and provide those programs with technical assistance in implementing such standards, work with state education stakeholders to define and promote appropriate measurable outcomes for afterschool programs that include STEM content, provide technical assistance to afterschool programs to start or grow their afterschool STEM efforts and define appropriate learning outcomes for such efforts, coordinate professional development for afterschool program educators, help afterschool program providers form strategic partnerships to advance STEM learning in afterschool programs, create and disseminate tool kits to afterschool programs wanting to form partnerships and incorporate STEM professionals as mentors and role models, and provide technical assistance to federally funded STEM researchers and professionals who wish to engage with afterschool programs. Requires the Director to reserve 20% of the funds appropriated for such grant program to develop and support new afterschool or STEM networks in states or areas where they do not exist. Defines: (1) an "afterschool program" as a structured program offered for elementary, middle, or secondary school students when school is not in session, such as before or after school, on the weekend, or during the summer; and (2) an "afterschool or STEM network" as a coalition that fosters partnerships and provides support to afterschool program providers and STEM education providers. Includes as goals of the grant program: (1) to support the development and delivery of high-quality STEM education to populations underrepresented in STEM fields, and (2) to provide hands-on learning and exposure to STEM research facilities and businesses through in-person or virtual distance-learning experiences. Requires the Director to provide each recipient of a STEM research grant who is under the Director's authority with information on opportunities to engage with students in out-of-school-time programs, such as through mentorships.

Supporting Afterschool STEM Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Transit and Rail Awareness and Investments for National Security Act of 2004'' or the ``Safe TRAINS Act''. SEC. 2. HOMELAND SECURITY PUBLIC TRANSPORTATION GRANTS. (a) Authorization.--The Secretary of Homeland Security is authorized to make grants for the purpose of improving the security of public transportation systems against acts of terrorism. The grant program shall be administered by the Under Secretary for Border and Transportation Security-- (1) in consultation with the Director of the Office of Domestic Preparedness, to ensure that the program is consistent with other Department of Homeland Security grant programs; (2) with the Assistant Secretary for Infrastructure Protection to ensure that grant awards are consistent with critical infrastructure risk assessments and protective priorities as they relate to public transportation; and (3) with the Under Secretary for Science and Technology to ensure that technology aspects of grant proposals are feasible and generally consistent with existing technologies and standards. (b) Considerations.--Among the considerations on which grants shall be awarded are the following: (1) Risk of terrorism, including threat assessment, vulnerabilities of public transportation systems, potential effects of acts of terrorism against public transportation systems, and past acts of terrorism against modes of transportation. (2) Merits of the proposed projects to increase national security, based on a consideration of-- (A) threats; (B) vulnerabilities; (C) consequences, including human casualties and economic impacts; (D) consequence management; (E) the likelihood that such projects would have been pursued in the normal course of business and in the absence of national security considerations; and (F) feasibility, based on the technical and operational merits of the projects. (c) Allowable Use of Funds.--Grants made under this section shall be used for the purposes of-- (1) support for increased capital investments in cameras, close-circuit television, and other surveillance systems; (2) increased capital investment in command, control, and communications systems, including investments for redundancy and interoperability and for improved situational awareness, such as emergency call boxes and vehicle locator systems; (3) increased training, including for carrying out exercises under section 3, and technical support for public transportation employees, especially for security awareness, prevention, emergency response, including evacuation, and decontamination; (4) expanded deployment of equipment and other measures, including canine detection teams, for the detection of explosives and chemical, biological, radiological, and nuclear agents; (5) capital improvements and operating activities, including personnel expenditures, to increase the physical security of stations, vehicles, bridges, and tunnels; (6) capital improvements and operating activities to improve passenger survivability in the event of an attack, including improvements in ventilation, drainage, fire safety technology, emergency communications systems, lighting systems, passenger egress, and accessibility by emergency response personnel; (7) acquisition of emergency response and support equipment, including fire suppression and decontamination equipment; and (8) expansion of employee education and public awareness campaigns regarding security on public transportation systems. (d) Eligible Recipients.--Grants shall be made available under this section directly to owners, operators, and providers of public transportation systems. Owners, operators, and providers of infrastructure over which public transportation operates, but which is not primarily used for public transportation, may also be eligible for grants at the discretion of the Secretary. (e) Accountability.--The Secretary shall adopt necessary procedures, including audits, to ensure that grants made under this section are expended in accordance with the purposes of this Act and the priorities and other criteria developed by the Secretary. If the Secretary determines that a recipient has used any portion of the grant funds received under this section for a purpose other than the allowable uses specified for that grant under this section, the grantee shall return any amount so used to the Treasury of the United States. (f) Procedures for Grant Award.--The Secretary shall prescribe procedures and schedules for the awarding of grants under this section, including application and qualification procedures, and a record of decision on applicant eligibility. The Secretary shall issue a final rule establishing the procedures not later than 90 days after the date of enactment of this Act. (g) Cost Share.--Grants made under this section shall account for no more than-- (1) 85 percent for fiscal year 2005; (2) 80 percent for fiscal year 2006; and (3) 75 percent for fiscal year 2007, of the expense of the purposes for which the grants are used. (h) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out the purposes of this section-- (1) $1,200,000,000 for fiscal year 2005; (2) $900,000,000 for fiscal year 2006; and (3) $700,000,000 for fiscal year 2007. Amounts appropriated pursuant to this subsection shall remain available until expended. SEC. 3. TRAINING EXERCISES. (a) Guidelines.--Not later than 4 months after the date of enactment of this Act, the Secretary of Homeland Security shall publish guidelines for the conduct by recipients of grants under section 2 of appropriate exercises for emergency response and public transportation employee training purposes. (b) Plans.--Not later than 6 months after receipt of a grant under section 2, the recipient of such grant shall transmit to the Secretary its emergency response plan as well as a plan for conducting exercises for emergency response and public transportation employee training purposes pursuant to the guidelines published under subsection (a). (c) Exercises.-- (1) Requirement.--Not later than 1 year after receipt of a grant under section 2, the recipient of such grant shall conduct an exercise pursuant to the plan for conducting exercises transmitted under subsection (b). (2) Exemptions.--The Secretary may exempt a grant recipient from the requirement under paragraph (1) if the recipient has recently conducted an equivalent exercise. (3) Notice and report.--Not later than 30 days after conducting an exercise under paragraph (1) or as described in paragraph (2), the recipient shall notify the Secretary that such exercise has been completed, including a description of the results of the exercise and findings and lessons learned from the exercise, and shall make recommendations for changes, if necessary, to existing emergency response plans. If the recipient revises an emergency response plan as a result of an exercise under this subsection, the recipient shall transmit the revised plan to the Secretary not later than 6 months after the exercise. (d) Technical Assistance.--The Secretary shall provide technical assistance in the design, preparation for, and conduct of emergency response exercises. (e) Use of Plans.--The Secretary shall ensure that information submitted to the Secretary under this section is protected from any form of disclosure that might compromise public transportation security or trade secrets. Notwithstanding the preceding sentence, the Secretary may use such information, on a nonattributed basis unless otherwise agreed to by the source of the information, to aid in developing recommendations, best practices, and materials for use by public transportation authorities to improve security practices and emergency response capabilities. SEC. 4. SECURITY BEST PRACTICES. The Secretary of Homeland Security shall, not later than 120 days after the date of enactment of this Act, develop, disseminate to appropriate owners, operators, and providers of public transportation systems, public transportation employees and employee representatives, and Federal, State, and local officials, and transmit to the Congress a report containing best practices for the security of public transportation systems. In developing best practices, the Secretary shall be responsible for consulting with and collecting input from owners, operators, and providers of public transportation systems, public transportation employee representatives, first responders, industry associations, private sector experts, academic experts, and appropriate Federal, State, and local officials. SEC. 5. PUBLIC AWARENESS. Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall develop a national plan for public outreach and awareness. Such plan shall be designed to increase awareness of measures that the general public, public transportation passengers, and public transportation employees can take to increase public transportation system security. Such plan shall also provide outreach to owners, operators, providers, and employees of public transportation systems to improve their awareness of available technologies, ongoing research and development efforts, and available Federal funding sources to improve public transportation security. Not later than 9 months after the date of enactment of this Act, the Secretary shall implement the plan developed under this section. SEC. 6. SECURITY PLAN. (a) Requirement.--Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security, in coordination with the Secretary of Transportation and in accordance with the Memorandum of Agreement executed under section 7, shall develop a strategic plan for the security of the Nation's public transportation systems and transmit to Congress a report containing a summary of that plan. Such plan shall-- (1) include a comprehensive assessment of risks to the Nation's public transportation systems, including an assessment of threats of terrorist attack, vulnerabilities against terrorist attack, and human, economic, and national security consequences of terrorist attack; (2) take into account actions taken or planned by both public and private entities to address identified security issues; (3) describe measures for prevention, protection, and preparedness, including recommended actions and best practices (as described in section 4); (4) make prioritized recommendations for improving public transportation system security; (5) identify specific actions the Federal Government should take to provide increased security support for public transportation systems, both generally and in periods of high or severe threat levels of alert; (6) identify measures for coordinating initiatives undertaken by the public and private sectors to increase security of public transportation systems; (7) contain an estimate of the cost to implement measures, recommendations, and best practices, and other actions contained within the plan; (8) identify milestones and timeframes for implementing measures, recommendations, and best practices, and other actions contained within the plan; and (9) identify methods for measuring progress against the plan and communicating such progress to owners, operators, and providers of public transportation systems and to Congress. (b) Implementation.--The Secretary shall begin implementation of the plan not later than 3 months after its development. (c) Consultation; Use of Existing Resources.--In developing the plan under this section, the Secretary shall be responsible for consulting with and collecting input from owners, operators, and providers of public transportation systems, public transportation employee representatives, first responders, industry associations, private sector experts, academic experts, and appropriate Federal, State, and local officials. (d) Format.--The Secretary may submit the report in both classified and unclassified formats if the Secretary considers that such action is appropriate or necessary. (e) 2-Year Updates.--The Secretary, in consultation with the Secretary of Transportation, shall update the plan every 2 years, as necessary, and transmit such updated report to Congress. SEC. 7. MEMORANDUM OF AGREEMENT. Not later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security and the Secretary of Transportation shall execute a Memorandum of Agreement governing the roles and responsibilities of the Department of Homeland Security and the Department of Transportation, respectively, in addressing security matters for public transportation systems, including the process the departments will follow to promote communications, efficiency, and nonduplication of effort. Such Memorandum of Agreement shall also establish a formal mechanism to ensure coordination and the timely sharing of expertise and information between the Department of Homeland Security and the Department of Transportation, as appropriate, in public transportation security. SEC. 8. NATIONAL TRANSPORTATION SECURITY CENTERS. (a) Establishment.--The Secretary of Homeland Security shall establish more than 1 but not more than 4 National Transportation Security Centers at institutions of higher education to assist in carrying out this Act and to conduct research and education, and to develop or provide professional training, including the training of public transportation employees and public transportation-related professionals, with emphasis on utilization of intelligent transportation systems, technologies, and architectures. (b) Criteria.--The Secretary shall designate the Centers according to the following selection criteria: (1) The demonstrated commitment of the institution to transportation security issues. (2) The use of and experience with partnerships with other institutions of higher education, Federal laboratories, or other nonprofit laboratories. (3) Capability to conduct both practical and theoretical research and technical systems analysis. (4) Utilization of intelligent transportation system technologies and architectures. (5) Ability to develop professional training programs. (6) Capability and willingness to conduct education of transportation security professionals. (7) Such other criteria that the Secretary may designate. (c) Funding.--The Secretary shall provide such funding as is necessary to the National Transportation Security Centers established under subsection (a) to carry out this section. SEC. 9. WHISTLEBLOWER PROTECTION. (a) In General.--No employee or other person may be harassed, prosecuted, held liable, or discriminated against in any way-- (1) because that person-- (A) has commenced or caused to be commenced, or is about to commence; (B) has testified or is about to testify at; or (C) has assisted or participated in, or is about to assist or participate in any manner in, a proceeding or any other action to enhance public transportation security; or (2) because that person has refused to violate or assist in the violation of any law, rule, or regulation related to public transportation security. (b) Application of Sarbanes-Oxley Act of 2002 Amendments.-- (1) Civil action to protect against retaliation in fraud cases.--Section 1514A of title 18, United States Code, shall apply to subsection (a) of this section as if-- (A) an act or refusal to act described in subsection (a) were described in such section 1514A; and (B) a violation of subsection (a) were a violation of such section 1514A(a). (2) Retaliating against a witness, victim, or informant.-- Section 1513(e) of title 18, United States Code, shall apply to a violation of subsection (a) of this section as if the violation of subsection (a) were a violation of such section 1513. SEC. 10. DEFINITION. For the purposes of this Act-- (1) the term ``public transportation employees'' means security personnel, dispatchers, vehicle and vessel operators, other onboard employees, maintenance and support personnel, and other appropriate employees of owners, operators, and providers of public transportation systems; and (2) the term ``public transportation systems'' means passenger, commuter, and light rail, including Amtrak and subways, buses, commuter ferries, and other modes of public transit.

Safe Transit and Rail Awareness and Investments for National Security Act of 2004 (Safe TRAINS Act) - Authorizes the Secretary of Homeland Security to make grants to improve the security of public transportation systems (including passenger, commuter, and light rail) against acts of terrorism. Sets forth grant uses and requirements. Directs grant recipients to submit to the Secretary their emergency response plan as well as a plan for conducting exercises for emergency response and public transportation employee training pursuant to guidelines published by the Secretary. Directs the Secretary to: (1) develop and disseminate to appropriate owners, operators, and providers of public transportation systems (including public transportation employees), and Federal, State, and local officials, a report containing best practices for the security of public transportation systems; (2) develop a national plan for public outreach and awareness of measures the public can take to increase public transportation system security; (3) develop a strategic plan for the security of the Nation's public transportation systems; (4) execute in conjunction with the Secretary of Transportation, a Memorandum of Agreement governing the responsibilities of the Department of Homeland Security and the Department of Transportation, respectively, in addressing security matters for public transportation systems; and (5) establish National Transportation Security Centers at institutions of higher education to assist in carrying out this Act, to conduct research and education, and to develop or provide professional training of public transportation employees. Sets forth certain whistleblower protections for employees or other persons who have commenced, testified at, or participated in, a proceeding to enhance public transportation security, or who have refused to violate or assist in the violation of any regulation related to public transportation security.

To provide for the security of public transportation systems in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Office of Biometric Identity Management Authorization Act of 2018'' or the ``OBIM Authorization Act of 2018''. SEC. 2. ESTABLISHMENT OF THE OFFICE OF BIOMETRIC IDENTITY MANAGEMENT. (a) In General.--Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new section: ``SEC. 710. OFFICE OF BIOMETRIC IDENTITY MANAGEMENT. ``(a) Establishment.--The Office of Biometric Identity Management is established within the Management Directorate of the Department. ``(b) Director.-- ``(1) In general.--The Office of Biometric Identity Management shall be administered by the Director of the Office of Biometric Identity Management (in this section referred to as the `Director') who shall report to the Secretary, or to another official of the Department, as the Secretary may direct. ``(2) Qualifications and duties.--The Director shall-- ``(A) have significant professional management experience, as well as experience in the field of biometrics and identity management; ``(B) lead the Department's biometric identity services to support anti-terrorism, counter-terrorism, border security, credentialing, national security, and public safety; ``(C) enable operational missions across the Department by receiving, matching, storing, sharing, and analyzing biometric and associated biographic and encounter data; ``(D) deliver biometric identity information and analysis capabilities to-- ``(i) the Department and its components; ``(ii) appropriate Federal, State, local, and tribal agencies; ``(iii) appropriate foreign governments; and ``(iv) appropriate private sector entities; ``(E) support the law enforcement, public safety, national security, and homeland security missions of other Federal, State, local, and tribal agencies, as appropriate; ``(F) manage the operation of the Department's primary biometric repository and identification system; ``(G) manage Biometric Support Centers to provide biometric identification and verification analysis and services to the Department, appropriate Federal, State, local, and tribal agencies, appropriate foreign governments, and appropriate private sector entities; ``(H) oversee the implementation of Department-wide standards for biometric conformity, and work to make such standards Government-wide; ``(I) in coordination with the Department's Office of Policy Strategy, Policy, and Plans, and in consultation with relevant component offices and headquarters offices, enter into data sharing agreements with appropriate Federal, State, local, and foreign agencies to support immigration, law enforcement, national security, and public safety missions; ``(J) maximize interoperability with other Federal, State, local, and foreign biometric systems, as appropriate; ``(K) ensure the activities of the Office of Biometric Identity Management are carried out in compliance with the policies and procedures established by the Privacy Officer appointed under section 222; and ``(L) consult with the Office for Civil Rights and Civil Liberties of the Department about biometric technologies that may result in disparities in the treatment of individuals on the basis of their race or ethnicity; and ``(L)(M) carry out other duties and powers prescribed by law or delegated by the Secretary. ``(c) Deputy Director.--There shall be in the Office of Biometric Identity Management a Deputy Director, who shall assist the Director in the management of the Office. ``(d) Other Authorities.-- ``(1) In general.--The Director may establish such other offices within the Office of Biometric Identity Management as the Director determines necessary to carry out the missions, duties, functions, and authorities of the Office. ``(2) Notification.--If the Director exercises the authority provided by paragraph (1), the Director shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate not later than 30 days before exercising such authority.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by adding after the item relating to section 709 the following new item: ``Sec. 710. Office of Biometric Identity Management.''.

Office of Biometric Identity Management Authorization Act of 2018 or the OBIM Authorization Act of 2018 (Sec. 2) This bill amends the Homeland Security Act of 2002 to establish within the Management Directorate of the Department of Homeland Security (DHS) the Office of Biometric Identity Management, which shall be administered by a director with significant management experience and experience in biometrics and identity management. The director shall have specified duties, including leading DHS's biometric identity services to support anti-terrorism, counterterrorism, border security, credentialing, national security, and public safety.

Office of Biometric Identity Management Authorization Act of 2018

16, 110th Congress, agreed to in the Senate March 1, 2007, and House Concurrent Resolution 80, 110th Congress, agreed to in the House of Representatives June 18, 2007. SEC. 4. REQUIREMENT OF A REGIONAL STRATEGY FOR DISARMING THE LORD'S RESISTANCE ARMY. (a) Requirement for Strategy.--Not later than 180 days after the date of the enactment of this Act, the President shall develop and submit to the appropriate committees of Congress a regional strategy to guide United States support for multilateral efforts to protect civilians from attacks by the Lord's Resistance Army, to eliminate the threat to civilians and regional stability posed by the Lord's Resistance Army, and to enforce the rule of law and ensure full humanitarian access in LRA-affected areas. (b) Content of Strategy.--The strategy should include the following: (1) A viable plan to protect civilians from attacks by the Lord's Resistance Army and eliminate the threat posed by the Lord's Resistance Army, while building institutions in the affected areas that can help to maintain the rule of law and prevent conflict in the long term. (2) An interagency framework to plan, coordinate, and execute all diplomatic economic, intelligence, and military elements of United States policy across the region regarding the Lord's Resistance Army. (3) A description of the type and form of diplomatic engagement to work with regional mechanisms, including the Tripartite Plus Commission and the Great Lakes Pact, and to coordinate the implementation of United States policy toward the Lord's Resistance Army across the region. (4) A description of how this engagement will fit within the context of broader efforts and policy objectives in the Great Lakes Region. (5) A framework to evaluate the progress and effectiveness of the United States strategy toward eliminating the threat posed by the Lord's Resistance Army. (c) Form.--The strategy under this section shall be submitted in unclassified form, but may include a classified annex. SEC. 5. HUMANITARIAN ASSISTANCE FOR AREAS OUTSIDE UGANDA AFFECTED BY THE LORD'S RESISTANCE ARMY. (a) Authority.--In accordance with section 491 of the Foreign Assistance Act of 1961 (22 U.S.C. 2292) and section 2 of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601), the President is authorized to provide assistance to respond to the humanitarian needs of populations in northeastern Congo, southern Sudan, and Central African Republic affected by the activity of the Lord's Resistance Army. (b) Authorization of Appropriations.--There is authorized to be appropriated $10,000,000 for fiscal year 2010 to carry out this section. SEC. 6. ASSISTANCE FOR RECOVERY AND RECONSTRUCTION IN NORTHERN UGANDA. (a) Authority.--It is the sense of Congress that the President should support efforts by the people of northern Uganda and the Government of Uganda-- (1) to assist internally displaced people in transition and returnees to secure durable solutions by spurring economic revitalization, supporting livelihoods, helping to alleviate poverty, and advancing access to basic services at return sites, specifically clean water, health care, and schools; (2) to enhance the accountability and administrative competency of local governance institutions and public agencies in northern Uganda with regard to budget management, provision of public goods and services, and related oversight functions; (3) to strengthen the operational capacity of the civilian police in northern Uganda to enhance public safety, prevent crime, and deal sensitively with gender-based violence, while strengthening accountability measures to prevent corruption and abuses; (4) to rebuild and improve the capacity of the justice system in northern Uganda, including the courts and penal systems, with particular sensitivity to the needs and rights of women and children; (5) to establish mechanisms for the disarmament, demobilization, and reintegration of former combatants, including vocational education and employment opportunities; and (6) to promote programs to address psychosocial trauma, particularly post-traumatic stress disorder. (b) Future Year Funding.--It is the sense of Congress that the Secretary of State and Administrator of the United States Agency for International Development should work with the appropriate committees of Congress to increase assistance in future fiscal years to support activities described in this section if the Government of Uganda demonstrates a commitment to transparent and accountable reconstruction in war-affected areas of northern and eastern Uganda, specifically by-- (1) finalizing the establishment of mechanisms within the Office of the Prime Minister to sufficiently manage and coordinate the programs under the framework of the Peace Recovery and Development Plan for Northern Uganda (PRDP); (2) increasing oversight activities and reporting to ensure funds under the Peace Recovery and Development Plan for Northern Uganda framework are used efficiently and with minimal waste; and (3) committing substantial funds of its own, above and beyond standard budget allocations to local governments, to the task of implementing the Peace Recovery and Development Plan for Northern Uganda such that communities affected by the war can recover. (c) Coordination With Other Donor Nations.--The United States should work with other donor nations, on a bilateral and multilateral basis, to increase contributions for recovery efforts in northern Uganda and strengthen accountability mechanisms to ensure the transparent and timely use of those funds. (d) Termination of Assistance.--It is the sense of Congress that the Secretary of State should withhold bilateral assistance to the Republic of Uganda for the purposes described under this section if the Secretary determines that the Government of Uganda is not committed to transparent and accountable reconstruction and reconciliation in the war-affected areas of northern and eastern Uganda. SEC. 7. ASSISTANCE FOR RECONCILIATION AND TRANSITIONAL JUSTICE IN NORTHERN UGANDA. (a) Sense of Congress.--It is the sense of Congress that the President should support efforts by the people of northern Uganda and the Government of Uganda to advance efforts to promote transitional justice and reconciliation on both local and national levels, including to implement the following mechanisms outlined in the Annexure to the Agreement on Accountability and Reconciliation between the Government of Uganda and the Lord's Resistance Army/Movement, signed at Juba February 19, 2008, namely-- (1) a body to investigate the history of the conflict, inquire into human rights violations committed during the conflict by all sides, promote truth-telling in communities, and encourage the preservation of the memory of events and victims of the conflict through memorials, archives, commemorations, and other forms of preservation; (2) a special division of the High Court of Uganda to try individuals alleged to have committed serious crimes during the conflict, and a special unit to carry out investigations and prosecutions in support of trials; (3) a system for making reparations to victims of the conflict; and (4) a review and strategy for supporting transitional justice mechanisms in affected areas to promote reconciliation and encourage individuals to take personal responsibility for their conduct during the war. (b) Authorization of Appropriations.--There is authorized to be appropriated $10,000,000 for each of fiscal years 2010 through 2012 to carry out this section. SEC. 8. REPORT. (a) Report Required.--Not later than 1 year after the submission of the strategy required under section 4, the Secretary of State shall prepare and submit to the appropriate committees of Congress a report on the progress made toward the implementation of the strategy required under section 4 and a description and evaluation of the assistance provided under this Act toward the policy objectives described in section 3. (b) Contents.--The report required under section (a) shall include-- (1) a description and evaluation of actions taken toward the implementation of the strategy required under section 4; (2) a description of assistance provided under section 5 and section 6; (3) an evaluation of bilateral assistance provided to the Republic of Uganda and associated programs in light of stated policy objectives; (4) a description of the status of the Peace Recovery and Development Plan for Northern Uganda and the progress of the Government of Uganda to take the steps outlined in section 6(b); and (5) a description of amounts of assistance committed, and amounts provided, to northern Uganda during the reporting period by the Government of Uganda, each donor country, and all relevant organizations. SEC. 9. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International Relations of the House of Representatives. (2) Great lakes region.--The term ``Great Lakes Region'' means the region comprising Burundi, Democratic Republic of Congo, Rwanda, southern Sudan, and Uganda. (3) LRA-affected areas.--The term ``LRA-affected areas'' means the territory affected by the activity of the Lord's Resistance Army in the past and as of the date of the enactment of this Act, comprising all or parts of northern Uganda, southern Sudan, northeastern Democratic Republic of Congo, and southeastern Central African Republic.

Lord's Resistance Army Disarmament and Northern Uganda Recovery Act of 2009 - Directs the President to submit to the appropriate congressional committees a regional strategy to guide U.S. support for multilateral efforts to eliminate the threat to civilians and regional stability posed by the Lord's Resistance Army (LRA) and to enforce the rule of law and ensure full humanitarian access in LRA-affected areas. Authorizes the President to provide assistance to respond to the humanitarian needs of populations in northeastern Congo, southern Sudan, and Central African Republic affected by LRA activity. Expresses the sense of Congress that the Secretary of State and Administrator of the United States Agency for International Development (USAID) should work with the appropriate congressional committees to increase future assistance to Uganda if the government of Uganda demonstrates a commitment to reconstruction in war-affected areas of northern and eastern Uganda. Expresses the sense of Congress that the President should support efforts by the people of northern Uganda and the government of Uganda to: (1) promote local and national reconciliation including mechanisms outlined in the Annexure to the Agreement on Accountability and Reconciliation between the government of Uganda and the LRA; and (2) assist internally displaced people, establish mechanisms for the demobilization and reintegration of former combatants, and enhance the competency of local institutions including the police.

To support stabilization and lasting peace in northern Uganda and areas affected by the Lord's Resistance Army through development of a regional strategy to support multilateral efforts to successfully protect civilians and eliminate the threat posed by the Lord's Resistance Army and to authorize funds for humanitarian relief and reconstruction, reconciliation, and transitional justice, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Provide Access and Retain Continuity Act'' or the ``PARC Act''. SEC. 2. AGREEMENTS FOR CONTINUED OPERATION OF CERTAIN FACILITIES AND PROGRAMS. (a) In General.--As soon as practical after the date of the enactment of this Act, the Secretary of the Interior (hereafter in this Act referred to as the ``Secretary'') shall enter into agreements with States that submit an agreement that is approved under subsection (c) or (f) to provide for those States to conduct activities described in section 3. Not later than 90 days after funds are made available to the Secretary, the Secretary shall reimburse States for eligible activities conducted by that State under an agreement entered into under this Act. (b) Petition for Agreement.--Beginning 30 days after the date of the enactment of this Act, a State may submit to the Secretary a petition to enter into an agreement with the Secretary for purposes of conducting activities described in section 3. (c) Determination.--The Secretary shall approve or deny a petition (including a corrected petition that is resubmitted) submitted under this section not later than 90 days after the date on which the Secretary receives the petition. (d) Denial of Petition.--The Secretary shall approve a petition submitted under subsection (b) if the Secretary determines that-- (1) the petition is complete; (2) the proposed agreement submitted with the petition contains all of the terms required under subsection (g); or (3) the petition is from a State that had a previous agreement terminated and the Secretary determines that the reasons for that termination warrant denial of the new (or corrected) petition. (e) Opportunity To Amend Petition.-- (1) Notice of denial.--If the Secretary denies a petition under subsection (b), the Secretary shall provide to the State that submitted such petition written notice of the denial. Such written notice shall include-- (A) a clear and comprehensive statement of the reasons why the petition was denied; and (B) a clear and comprehensive description of any deficiencies in the petition or the related proposed agreement. (2) Resubmission of corrected petition.--After receiving a notice from the Secretary under paragraph (1), a State may amend and resubmit the denied petition. (f) Petition and Agreement Deemed Approved.--If the Secretary does not approve or deny a petition submitted under subsection (b) or (e)(2) within 90 days after receiving the petition, the petition and the proposed agreement submitted with the petition shall be deemed approved. (g) Petition Contents.--A petition submitted under subsection (b) shall include-- (1) a letter signed by the Governor of the State submitting such petition addressed to the Secretary that contains a description of the eligible activities that the State seeks to conduct; (2) the proposed agreement that is the subject of the petition; (3) documentation that demonstrates the ability of the State to conduct the eligible activities; (4) a statement that the State shall indemnify and hold the United States harmless for any action of negligence or gross negligence on the part of the State while conducting an eligible activity; and (5) any other documentation that the Secretary may require. SEC. 3. ACTIVITIES ELIGIBLE FOR REIMBURSEMENT. The Secretary of the Interior shall reimburse States for non- Federal funds expended for activities that meet all of the following criteria: (1) The activity was conducted under a memorandum of understanding entered into under section 2. (2) The activity was conducted during a time when the Federal Government was not conducting that activity due to the partial shutdown of the Federal Government that was the result of a lapse in appropriations. (3) The activity was necessary to operate one or more facilities or programs that the Secretary and the State have agreed, under the memorandum of understanding entered into under section 2, to have a direct economic impact on tourism, mining, timber, or general transportation in the State. (4) The activity was conducted in a manner and at a level not substantially greater in scope or cost than how the activity would have been conducted by the Federal Government. (5) The activity is not a settlement of or defense against a claim of liability on the part of the State. SEC. 4. WAIVER OF SOVEREIGN IMMUNITY. If any State brings an action in any court of the United States or any State court relating only and directly to enforcement of section 3 and names the United States as a party, any claim by the United States to sovereign immunity from the action is waived, but only for the limited and sole purpose of reimbursement to a State for non-Federal funds expended by or on behalf of that State for activities that meet all of the criteria listed in section 3.

Provide Access and Retain Continuity Act or the PARC Act - Directs the Secretary of the Interior to enter into agreements with, and provide reimbursement to, states to conduct activities determined to have a direct economic impact on tourism, mining, timber, or general transportation in the state that are otherwise not being conducted by the federal government during a partial shutdown of the federal government due to a lapse in appropriations. Requires the Secretary to approve or deny a petition for such an agreement not later than 90 days after receiving it and deems such petition approved if the Secretary does not act on it within the 90-day period.

PARC Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Defense Office of the Victim Advocate Act of 2004''. SEC. 2. ESTABLISHMENT OF OFFICE OF THE VICTIM ADVOCATE IN DEPARTMENT OF DEFENSE. (a) Establishment.--Part II of subtitle A of title 10, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 90--OFFICE OF THE VICTIM ADVOCATE ``Sec. ``1811. Office of the Victim Advocate: establishment; Director. ``1812. Office of the Victim Advocate: functions. ``1813. Annual report. ``Sec. 1811. Office of the Victim Advocate: establishment; Director ``(a) Establishment.--There is in the Office of the Secretary of Defense an Office of the Victim Advocate. The office shall have responsibility for coordination of programs and activities of the military departments to the extent that they relate to victims of interpersonal violence among members of the armed forces or between members of the armed forces and family members and partners (including former spouses, children, significant others, children-in-common, girl friends, and boy friends). ``(b) Director.--The head of the Office is a Director. ``(c) Victim Defined.--In this chapter, the term `victim' means a person who is the victim of sexual misconduct or interpersonal violence which-- ``(1) in the case of a person who is a member of the armed forces, is carried out by another member of the armed forces or a family member or intimate partner; and ``(2) in the case of a person who is not member of the armed forces, is carried out by a member of the armed forces who is a family member or intimate partner of that person. ``Sec. 1812. Office of the Victim Advocate: functions ``(a) Coordination Functions.--The Director of the Office of the Victim Advocate shall carry out the following coordination functions: ``(1) Coordinate programs and activities of the military departments relative to care, services, and treatment for victims. ``(2) Serve as headquarters program manager for the victim advocates and the victim service specialists in the Department of Defense authorized by law. ``(3) Coordinate services for victims among military and civilian communities and provide guidance to victims in obtaining those services. ``(b) Evaluation and Review Functions.--The Director of the Office of the Victim Advocate shall carry out the following evaluation and review functions: ``(1) Evaluate the prevalence of interpersonal violence associated with members of the armed forces. ``(2) Evaluate the programs established by the military departments providing services to victims of interpersonal violence. ``(3) Evaluate the delivery of services by the military departments to victims of interpersonal violence. ``(4) Review the facilities of the military departments providing services to victims of interpersonal violence. ``(5) Review the hotline programs for victims of violence, including command and installation hotlines, the National Domestic Violence Hotline, and the National Sexual Assault Hotline. ``(6) Review disciplinary actions taken against members of the armed forces who commit acts of interpersonal violence. ``(c) Policy Functions.--The Director of the Office of the Victim Advocate shall carry out the following policy functions: ``(1) Recommend to the Secretaries of the military departments policies, protocols, and programs to enhance services to victims. ``(2) Recommend changes to policies and procedures to address sexual misconduct and intimate partner violence. ``(3) Establish system accountability standards. ``(4) Develop protocols for accountability of commanders in response to incidents of violence. ``(5) Serve, or designate a person to serve, on any fatality review panel established by the Secretary of a military department under section 4061, 6036, or 9061 of this title. ``(d) Education and Training Functions.--The Director of the Office of the Victim Advocate shall carry out the following education and training functions: ``(1) Conduct education and training within the armed forces. ``(2) Conduct training and technical assistance (including programs referred to as Life Skills program) for commands, Family Advocacy Programs, victim witness assistance liaisons, commissions, medical personnel, and law enforcement, security forces, and the Judge Advocate General Corps. ``(3) Conduct programs of public education. ``Sec. 1813. Annual report ``(a) Report to the Secretary of Defense.--The Director of the Office of the Victim Advocate shall submit to the Secretary of Defense an annual report containing an assessment of the current state of affairs within the military departments relative to interpersonal violence and sexual misconduct. The report shall include proposed initiatives to enhance the response of the military departments to interpersonal violence and sexual misconduct. ``(b) Report to Congress.--The Secretary of Defense shall transmit to Congress each report received from the Director under subsection (a), together with the Secretary's comments thereon.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for fiscal year 2005 for Operation and Maintenance, Defense-Wide, the amount of $10,000,000 to carry out the functions of the Office of the Victim Advocate in the Department of Defense.

Department of Defense Office of the Victim Advocate Act of 2004 - Establishes an Office of the Victim Advocate within the Office of the Secretary of Defense to assist victims of sexual misconduct and interpersonal violence occurring among members of the Armed Forces or between members of the Armed Forces and family members and partners. Requires the Director of the Office to carry out specified coordination, evaluation and review, policy, and education and training functions, and to submit to the Secretary an annual report assessing the current state of affairs within military departments relative to interpersonal violence and sexual misconduct. Requires the Secretary to transmit the Director's report to Congress with additional comments.

To amend title 10, United States Code, to establish in the Department of Defense an Office of the Victim Advocate, to prescribe the functions of that office, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Acid Deposition and Ozone Control Act of 1997''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1)(A) reducing atmospheric nitrogen oxide will reduce acidic deposition, and the serious adverse effects of acidic deposition on public health, natural resources, building structures, and ecosystems; and (B) acidic deposition has been demonstrated to result in increased morbidity in fish and severe damage to water bodies and forest lands; (2)(A) reducing atmospheric nitrogen oxide will provide further benefits by decreasing ambient levels of tropospheric ozone, fine particulate matter, and regional haze associated with poor visibility; and (B) such conditions have been demonstrated to result in severe threats to public health, including lung irritation, increased incidence of asthma and bronchitis, and increased human morbidity; (3)(A) nitrogen deposition into affected watersheds can result in excessive nutrient enrichment leading to algal blooms and increased biological oxygen demand; and (B) such conditions can lead to increased morbidity in marine life and severe degradation of economic and recreational opportunities; (4) additional reductions in sulfur dioxide beyond levels currently required by the Clean Air Act (42 U.S.C. 7401 et seq.) will result in decreases in acidic deposition, regional haze, and ambient levels of fine particulates; (5) the allowance trading program established in the Clean Air Act for the reduction of emissions of sulfur dioxide has been highly effective at creating cost-effective control measures; (6) the technology exists to inexpensively reduce sulfur dioxide emissions beyond the levels currently required by the Clean Air Act; (7) the ozone transport region established by the Clean Air Act to reduce long-range transport of ozone does not currently include all the States necessary to achieve the intended reduction; and (8) this Act shall support the Environmental Protection Agency's stated objective of controlling ground level ozone through regional controls, as developed by the Ozone Transport Assessment Group and referred to in the January 10, 1997, advanced notice of proposed rulemaking for State implementation plans under section 110(k)(5) of the Clean Air Act (42 U.S.C. 7410(k)(5)). (b) Purposes.--The purposes of this Act are-- (1) to recognize the scientific evidence that emissions of nitrogen oxide present a substantial threat to public health and the environment; (2) to require reductions in the emission of nitrogen oxide; (3) to recognize that the means exist to cost-effectively reduce emissions of sulfur dioxide beyond the levels currently required by the Clean Air Act; (4) to require reductions in the emission of sulfur dioxide; (5) to recognize that tropospheric ozone is a regional problem; (6) to recognize that the single ozone transport region created by the Clean Air Act does not currently include all the States necessary to adequately address the problem of ozone; and (7) to amend the Clean Air Act to expand the membership in the ozone transport region by using the best currently available science to include those States that contribute to ozone levels in noncompliance areas within the current single ozone transport region. SEC. 3. CONTROL OF INTERSTATE OZONE AIR POLLUTION. (a) Additional States.--Section 184(a) of the Clean Air Act (42 U.S.C. 7511c(a)) is amended after the first sentence by inserting the following: ``The Administrator, using the best available science and models developed by the Ozone Transport Assessment Group, shall add any State to the single ozone transport region that contributed 4 parts per billion or more to ozone via aerial transport to the ozone level of any noncompliant area in the single ozone transport region for any 1 of the second through tenth worst ozone days that occurred during the previous 10 years.''. (b) Control Measures.--Not later than 18 months after the date of enactment of this Act, any control measure adopted under section 184(a) of the Clean Air Act (42 U.S.C. 7511c(a)) before the date of enactment of this Act shall apply to any State added to the single ozone transport region under the second sentence of section 184(a) of the Clean Air Act (42 U.S.C. 7511c(a)) after the date of enactment of this Act. SEC. 4. ADDITIONAL NITROGEN OXIDE EMISSIONS REDUCTIONS. Section 184 of the Clean Air Act (42 U.S.C. 7511c) is amended by adding at the end the following: ``(e) Additional Emissions Reductions.-- ``(1) In general.--Not later than 18 months after the date of enactment of this subsection, the Administrator shall promulgate regulations requiring reductions in the emissions of nitrogen oxide and sulfur dioxide in any State added to the single ozone transport region under the second sentence of subsection (a) to \1/3\ of the 1990 levels by the year 2003. ``(2) Affected units.--The regulations shall apply to affected units, as defined under section 402. ``(3) Allowance program.--The Administrator may establish an allowance trading program to carry out this subsection. ``(4) Effect on other law.--This subsection shall not affect any law (including regulations) that requires a greater reduction in emissions of nitrogen oxide or sulfur dioxide than is required by this subsection.''.

Acid Deposition and Ozone Control Act of 1997 - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency to add to the single ozone transport region (comprised of the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and the Consolidated Metropolitan Statistical Area including the District of Columbia) any State that contributed at least four parts per billion to ozone via aerial transport to the ozone level of any noncompliant area in the region for any one of the second through tenth worst ozone days that occurred during the previous ten years. Applies to any State so added, not later than 18 months after enactment of this Act, any control measure adopted under the ozone transport regions provisions. Requires the Administrator to promulgate regulations requiring nitrogen oxide and sulfur dioxide emissions reductions in any State added under this Act to one-third of 1990 levels by the year 2003.

Acid Deposition and Ozone Control Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Consumers from Unreasonable Credit Rates Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) attempts have been made to prohibit usurious interest rates in America since colonial times; (2) at the State level, 15 states and the District of Columbia have enacted broadly applicable usury laws that protect borrowers from high-cost payday loans and many other forms of credit, while 34 states and the District of Columbia have limited annual interest rates to 36 percent or less for 1 or more types of consumer credit; (3) at the Federal level, in 2006, Congress enacted a Federal 36 percent annualized usury cap for service members and their families for covered credit products, as defined by the Department of Defense, which curbed payday, car title, and tax refund lending around military bases; (4) notwithstanding such attempts to curb predatory lending, high-cost lending persists in all 50 States due to loopholes in State laws, safe harbor laws for specific forms of credit, and the exportation of unregulated interest rates permitted by preemption; (5) due to the lack of a comprehensive Federal usury cap, consumers annually pay approximately $17,500,000,000 for high- cost overdraft loans, as much as $8,600,000,000 for storefront and online payday loans, and nearly $900,000,000 for tax refund anticipation loans; (6) cash-strapped consumers pay on average 400 percent annual interest for payday loans, 300 percent annual interest for car title loans, up to 3,500 percent for bank overdraft loans, 50 to 500 percent annual interest for loans secured by expected tax refunds, and higher than 50 percent annual percentage interest for credit cards that charge junk fees; (7) a national maximum interest rate that includes all forms of fees and closes all loopholes is necessary to eliminate such predatory lending; and (8) alternatives to predatory lending that encourage small dollar loans with minimal or no fees, installment payment schedules, and affordable repayment periods should be encouraged. SEC. 3. NATIONAL MAXIMUM INTEREST RATE. The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``SEC. 141. MAXIMUM RATES OF INTEREST. ``(a) In General.--Notwithstanding any other provision of law, no creditor may make an extension of credit to a consumer with respect to which the fee and interest rate, as defined in subsection (b), exceeds 36 percent. ``(b) Fee and Interest Rate Defined.-- ``(1) In general.--For purposes of this section, the fee and interest rate includes all charges payable, directly or indirectly, incident to, ancillary to, or as a condition of the extension of credit, including-- ``(A) any payment compensating a creditor or prospective creditor for-- ``(i) an extension of credit or making available a line of credit, such as fees connected with credit extension or availability such as numerical periodic rates, annual fees, cash advance fees, and membership fees; or ``(ii) any fees for default or breach by a borrower of a condition upon which credit was extended, such as late fees, creditor-imposed not sufficient funds fees charged when a borrower tenders payment on a debt with a check drawn on insufficient funds, overdraft fees, and over limit fees; ``(B) all fees which constitute a finance charge, as defined by rules of the Board in accordance with this title; ``(C) credit insurance premiums, whether optional or required; and ``(D) all charges and costs for ancillary products sold in connection with or incidental to the credit transaction. ``(2) Tolerances.-- ``(A) In general.--With respect to a credit obligation that is payable in at least 3 fully amortizing installments over at least 90 days, the term `fee and interest rate' does not include-- ``(i) application or participation fees that in total do not exceed the greater of $30 or, if there is a limit to the credit line, 5 percent of the credit limit, up to $120, if-- ``(I) such fees are excludable from the finance charge pursuant to section 106 and regulations issued thereunder; ``(II) such fees cover all credit extended or renewed by the creditor for 12 months; and ``(III) the minimum amount of credit extended or available on a credit line is equal to $300 or more; ``(ii) a late fee charged as authorized by State law and by the agreement that does not exceed either $20 per late payment or $20 per month; or ``(iii) a creditor-imposed not sufficient funds fee charged when a borrower tenders payment on a debt with a check drawn on insufficient funds that does not exceed $15. ``(B) Adjustments for inflation.--The Board may adjust the amounts of the tolerances established under this paragraph for inflation over time, consistent with the primary goals of protecting consumers and ensuring that the 36 percent fee and interest rate limitation is not circumvented. ``(c) Calculations.-- ``(1) Open end credit plans.--For an open end credit plan-- ``(A) the fee and interest rate shall be calculated each month, based upon the sum of all fees and finance charges described in subsection (b) charged by the creditor during the preceding 1-year period, divided by the average daily balance; and ``(B) if the credit account has been open less than 1 year, the fee and interest rate shall be calculated based upon the total of all fees and finance charges described in subsection (b)(1) charged by the creditor since the plan was opened, divided by the average daily balance, and multiplied by the quotient of 12 divided by the number of full months that the credit plan has been in existence. ``(2) Other credit plans.--For purposes of this section, in calculating the fee and interest rate, the Board shall require the method of calculation of annual percentage rate specified in section 107(a)(1), except that the amount referred to in that section 107(a)(1) as the `finance charge' shall include all fees, charges, and payments described in subsection (b)(1). ``(3) Adjustments authorized.--The Board may make adjustments to the calculations in paragraphs (1) and (2), but the primary goals of such adjustment shall be to protect consumers and to ensure that the 36 percent fee and interest rate limitation is not circumvented. ``(d) Definition of Creditor.--As used in this section, the term `creditor' has the same meaning as in section 702(e) of the Equal Credit Opportunity Act (15 U.S.C. 1691a(e)). ``(e) No Exemptions Permitted.--The exemption authority of the Board under section 105 shall not apply to the rates established under this section or the disclosure requirements under section 127(b)(6). ``(f) Disclosure of Fee and Interest Rate for Credit Other Than Open End Credit Plans.--In addition to the disclosure requirements under section 127(b)(6), the Board may prescribe regulations requiring disclosure of the fee and interest rate established under this section in addition to or instead of annual percentage rate disclosures otherwise required under this title. ``(g) Relation to State Law.--Nothing in this section may be construed to preempt any provision of State law that provides greater protection to consumers than is provided in this section. ``(h) Civil Liability and Enforcement.--In addition to remedies available to the consumer under section 130(a), any payment compensating a creditor or prospective creditor, to the extent that such payment is a transaction made in violation of this section, shall be null and void, and not enforceable by any party in any court or alternative dispute resolution forum, and the creditor or any subsequent holder of the obligation shall promptly return to the consumer any principal, interest, charges, and fees, and any security interest associated with such transaction. Notwithstanding any statute of limitations or repose, a violation of this section may be raised as a matter of defense by recoupment or setoff to an action to collect such debt or repossess related security at any time. ``(i) Violations.--Any person that violates this section, or seeks to enforce an agreement made in violation of this section, shall be subject to, for each such violation, 1 year in prison and a fine in an amount equal to the greater of-- ``(1) 3 times the amount of the total accrued debt associated with the subject transaction; or ``(2) $50,000. ``(j) State Attorneys General.--An action to enforce this section may be brought by the appropriate State attorney general in any United States district court or any other court of competent jurisdiction within 3 years from the date of the violation, and such attorney general may obtain injunctive relief.''. SEC. 4. DISCLOSURE OF FEE AND INTEREST RATE FOR OPEN END CREDIT PLANS. Section 127(b)(6) of the Truth in Lending Act (15 U.S.C. 1637(b)(6)) is amended by striking ``the total finance charge expressed'' and all that follows through the end of the paragraph and inserting ``the fee and interest rate, displayed as `FAIR', established under section 141.''.

Protecting Consumers from Unreasonable Credit Rates Act of 2009 - Amends the Truth in Lending Act to prohibit a creditor from extending credit to a consumer under an open end consumer credit plan (credit card) for which the fee and interest rate exceeds 36%. Sets forth criminal penalties for violation of this Act. Empowers state Attorneys General to enforce this Act. Revises requirements for a periodic statement for each billing cycle with respect to where the total finance charge exceeds 50 cents for a monthly or longer billing cycle, or the pro rata part of 50 cents for a billing cycle shorter than monthly. Requires inclusion of the fee and interest rate, displayed as "FAIR," instead of the total finance charge expressed as an annual percentage rate (APR).

A bill to amend the Truth in Lending Act to establish a national usury rate for consumer credit transactions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Trade Transparency Act of 2017''. SEC. 2. DISCLOSURE BY PRESIDENT OF INCOME, ASSETS, AND LIABILITIES ASSOCIATED WITH COUNTRIES WITH WHICH THE UNITED STATES IS NEGOTIATING A TRADE OR INVESTMENT AGREEMENT. (a) In General.--Before initiating or continuing negotiations with a country for a trade or investment agreement, the President shall submit to Congress a report, in accordance with subsection (b) or (c), containing a full and complete statement of income earned, assets held, and liabilities owed by the President and associated with the country in the 12-month period preceding the submission of the report. (b) Timing of Report for New Negotiations.--In the case of negotiations for a trade or investment agreement with a country initiated on or after the date of the enactment of this Act, the President shall submit the report required by subsection (a)-- (1) in the case of negotiations subject to the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4201 et seq.) with respect to which the President is required to submit a notification under section 103(a)(2) or 105(a)(1)(A) of that Act (19 U.S.C. 4202(a)(2) and 4204(a)(1)(A)), not later than the date on which the President submits the notification; (2) in the case of negotiations subject to the Uruguay Round Agreements Act (19 U.S.C. 3501 et seq.), not later than the date on which the President submits the report required by section 115(2) of that Act (19 U.S.C. 3524(2)); (3) in the case of negotiations subject to the North American Free Trade Agreement Implementation Act (19 U.S.C. 3301 et seq.), not later than the date on which the President submits the report required by section 103(a)(2) of that Act (19 U.S.C. 3313(a)(2)); or (4) in the case of negotiations for a trade or investment agreement not covered by paragraph (1), (2), or (3), not less than 60 days before initiating the negotiations. (c) Timing of Report for Pending Negotiations.--In the case of negotiations for a trade or investment agreement with a country initiated before the date of the enactment of this Act, the President shall submit the report required by subsection (a) with respect to that country not later than 90 days after such date of enactment. SEC. 3. DISCLOSURE BY PRESIDENT OF INCOME, ASSETS, AND LIABILITIES ASSOCIATED WITH COUNTRIES SUBJECT TO PRESIDENTIAL DETERMINATIONS IN TRADE ENFORCEMENT ACTIONS. (a) In General.--Before taking a covered action under a trade enforcement law with respect to a country, the President shall submit to Congress, in accordance with subsection (b), a report containing a full and complete statement of income earned, assets held, and liabilities owed by the President and associated with the country in the 12-month period preceding the submission of the report. (b) Timing of Report.--The President shall submit the report required by subsection (a)-- (1) in the case of a covered action under section 201 of the Trade Act of 1974 (19 U.S.C. 2251) with respect to which a document is required to be transmitted to Congress under section 203(b) of that Act (19 U.S.C. 2253(b)), not less than 30 days before the President transmits the document; (2) in the case of a covered action under section 301 of the Trade Act of 1974 (19 U.S.C. 2411) that is the subject of a direction of the President as described in subsection (a)(1) or (b)(2) of that section, not less than 30 days before making that direction; (3) in the case of a covered action under section 337 of the Tariff Act of 1930 (19 U.S.C. 1337), not later than 30 days after the date on which a copy of the determination of the United States International Trade Commission is transmitted to the President under subsection (j) of that section; (4) in the case of a covered action under section 701(b)(2) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4421(b)(2)), not later than the date on which the report required under subparagraph (B) of that section is submitted to Congress; or (5) in the case of a covered action not covered by paragraph (1), (2), (3), or (4), not less than 30 days before taking such action. (c) Definitions.--In this section: (1) Covered action.--The term ``covered action'' means-- (A) the modification under a trade enforcement law of a duty imposed with respect to articles imported from a country; or (B) waiving action, or declining to exercise authority to take action, under a trade enforcement law in a trade enforcement matter with respect to a country. (2) Trade enforcement law.--The term ``trade enforcement law'' means-- (A) chapter I of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.); (B) title III of that Act (19 U.S.C. 2411 et seq.); (C) section 122 of that Act (19 U.S.C. 2132); (D) section 406, 421, or 422 of that Act (19 U.S.C. 2436, 2451, and 2451a); (E) sections 337 and 338(a) of the Tariff Act of 1930 (19 U.S.C. 1337 and 1338(a)); (F) section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862); (G) section 701 of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4421); (H) the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or (I) any other provision of law providing the President with authority to restrict trade with a foreign country through modification of a duty on imports. SEC. 4. DISCLOSURE BY PRESIDENT OF INCOME, ASSETS, AND LIABILITIES ASSOCIATED WITH COUNTRIES ELIGIBLE FOR TRADE PREFERENCE PROGRAMS. (a) In General.--Before taking a covered action under a trade preference program with respect to a country or an article imported from a country, the President shall submit to Congress, in accordance with subsection (b), a report containing a full and complete statement of income earned, assets held, and liabilities owed by the President and associated with the country in the 12-month period preceding the submission of the report. (b) Timing of Report.--The President shall submit the report required by subsection (a)-- (1) in the case of a covered action under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) with respect to which the President is required to submit a notification under section 502(f) of the Trade Act of 1974 (19 U.S.C. 2462(f)) or a report under section 506A(a)(2) of that Act (19 U.S.C. 2466a(a)(2)), at the time the President submits the notification or report; (2) in the case of a covered action under the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.) with respect to which the President is required to submit a notification under paragraph (1) or (2) of section 212(a) of that Act (19 U.S.C. 2702(a)) or a report under section 213(b)(2)(A)(v)(II)(cc) of that Act (19 U.S.C. 2703(b)(2)(A)(v)(II)(cc)), at the time the President submits the notification or report; or (3) in the case of a covered action not covered by paragraph (1) or (2), not later than 60 days before taking the action. (c) Definitions.--In this section: (1) Covered action.--The term ``covered action'' means-- (A) the designation of a country as eligible for preferential treatment under a trade preference program; (B) the termination of such a designation; (C) any determination with respect to the eligibility of an article for preferential treatment under a trade preference program; (D) the withdrawal, suspension, or limitation of preferential treatment under a trade preference program with respect to a country or an article; or (E) the exercise of the authority to waive the competitive need limitation with respect to an article under section 503(d) of the Trade Act of 1974 (19 U.S.C. 2463(d)). (2) Trade preference program.--The term ``trade preference program'' means-- (A) the Generalized System of Preferences under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.); (B) the African Growth and Opportunity Act (19 U.S.C. 3701 et seq.); (C) the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.); or (D) section 915 of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4454). SEC. 5. CONTENTS OF DISCLOSURE REPORTS. The President shall include in a report required under section 2, 3, or 4 with respect to a country-- (1) the information specified in section 102(a) of the Ethics in Government Act of 1978 (5 U.S.C. App. 102(a)), with respect to each source of income, each asset, and each liability associated with the country; and (2) a detailed description of the nature of the association of each such source of income, asset, or liability with the country. SEC. 6. EFFECT OF FAILURE TO TIMELY DISCLOSE. (a) Tariff Modifications.--If the President fails to submit a report required by this Act with respect to an action modifying tariff treatment with respect to articles imported from a country by the time required by this Act, any instrument providing for the modification of such tariff treatment shall have no force or effect. (b) Trade and Investment Agreements.--If the President fails to submit a report required by section 2 with respect to negotiations for a trade or investment agreement with a country by the time required by that section, the implementing bill submitted to Congress with respect to that agreement shall not be eligible for the trade authorities procedures under section 103 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4202). SEC. 7. DEFINITIONS. In this Act: (1) Associated with a country.--The term ``associated with a country'' or ``associated with the country''-- (A) with respect to an asset, means-- (i) any financial account maintained by a financial institution that is a person of the country; (ii) any stock or security issued by a person of the country; (iii) any financial instrument or contract held for investment that has an issuer or counterparty that is a person of the country; (iv) any interest in a person of the country; or (v) any real property located in the country or in which a person of the country, including any representative or agent of the government of the country, has a financial interest; (B) with respect to income, includes dividends, rents, interest, or capital gains or any other income (as defined in section 61 of the Internal Revenue Code of 1986) received directly or indirectly from an asset associated with the country or any gift or reimbursement received from a person of the country, including any representative or agent of the government of the country; and (C) with respect to a liability, refers to any liability owed to any creditor that is a person of the country, including an enterprise owned or controlled by the government of the country. (2) Person of the country.-- (A) In general.--Except as provided in subparagraph (B), with respect to a country, the term ``person of the country'' means-- (i) an individual who is a citizen of the country; or (ii) a branch, partnership, group or subgroup, association, estate, trust, corporation or division of a corporation, or other organization if-- (I) it is organized under the laws of the country; (II) its principal place of business is in the country; or (III) its equity securities are primarily traded on one or more exchanges of the country. (B) Exception.--The term ``person of the country'' does not include any branch, partnership, group or subgroup, association, estate, trust, corporation or division of a corporation, or other organization for which it is demonstrated that a majority of the equity interest in the organization is ultimately owned by nationals of the United States.

Presidential Trade Transparency Act of 2017 This bill requires the President to submit to Congress a report containing a full and complete statement of the President's income earned, assets held, and liabilities owed in the preceding 12 months that are associated with a foreign country: with which the United States is negotiating a trade or investment agreement, that is subject to a presidential trade enforcement action determination modifying the tariff treatment of imported articles from such country, or that is designated as eligible for preferential trade treatment under a trade preference program. If the President fails to report such information to Congress: any instrument providing for the modification of such tariff treatment shall have no force or effect, and the bill implementing such a trade or investment agreement shall not be eligible for trade authorities (fast track) procedures under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015.

Presidential Trade Transparency Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Mobility Safety Act of 2016''. SEC. 2. PERSONAL SELECTIONS OF AUTOMOBILES AND ADAPTIVE EQUIPMENT. Section 3903(b) of title 38, United States Code, is amended-- (1) by striking ``Except'' and inserting ``(1) Except''; and (2) by adding at the end the following new paragraph: ``(2) The Secretary shall ensure that to the extent practicable an eligible person who is provided an automobile or other conveyance under this chapter is given the opportunity to make personal selections relating to such automobile or other conveyance.''. SEC. 3. COMPREHENSIVE POLICY FOR THE AUTOMOBILES ADAPTIVE EQUIPMENT PROGRAM. (a) Comprehensive Policy.--The Secretary of Veterans Affairs shall develop a comprehensive policy regarding quality standards for providers who provide modification services to veterans under the automobile adaptive equipment program. (b) Scope.--The policy developed under subsection (a) shall cover each of the following: (1) The Department of Veterans Affairs-wide management of the automobile adaptive equipment program. (2) The development of standards for safety and quality of equipment and installation of equipment through the automobile adaptive equipment program, including with respect to the defined differentiations in levels of modification complexity. (3) The consistent application of standards for safety and quality of both equipment and installation throughout the Department. (4) In accordance with subsection (c)(1), the certification of a provider by a manufacturer if the Secretary designates the quality standards of such manufacturer as meeting or exceeding the standards developed under this section. (5) In accordance with subsection (c)(2), the certification of a provider by a third party, nonprofit organization if the Secretary designates the quality standards of such organization as meeting or exceeding the standards developed under this section. (6) The education and training of personnel of the Department who administer the automobile adaptive equipment program. (7) The compliance of the provider with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) when furnishing automobile adaptive equipment at the facility of the provider. (8) The allowance, where technically appropriate, for veterans to receive modifications at their residence or location of choice, including standards that ensure such receipt and notification to veterans of the availability of such receipt. (c) Certification of Manufacturers and Third Party, Nonprofit Organizations.-- (1) Certification of manufacturers.--The Secretary shall approve a manufacturer as a certifying manufacturer for purposes of subsection (b)(4), if the manufacturer demonstrates that its certification standards meet or exceed the quality standards developed under this section. (2) Certification of third party, nonprofit organizations.-- (A) In general.--The Secretary may approve two or more private, nonprofit organizations as third party, nonprofit certifying organizations for purposes of subsection (b)(5). (B) Limitation.--If at any time there is only one third party, nonprofit certifying organization approved by the Secretary for purposes of subsection (b)(5), such organization shall not be permitted to provide certifications under such subsection until such time as the Secretary approves a second third party, nonprofit certifying organization for purposes of such subsection. (d) Updates.-- (1) Initial updates.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall update Veterans Health Administration Handbook 1173.4, or any successor handbook or directive, in accordance with the policy developed under subsection (a). (2) Subsequent updates.--Not less frequently than once every 6 years thereafter, the Secretary shall update such handbook, or any successor handbook or directive. (e) Consultation.--The Secretary shall develop the policy under subsection (a), and revise such policy under subsection (d), in consultation with veterans service organizations, the National Highway Transportation Administration, industry representatives, manufacturers of automobile adaptive equipment, and other entities with expertise in installing, repairing, replacing, or manufacturing mobility equipment or developing mobility accreditation standards for automobile adaptive equipment. (f) Conflicts.--In developing and implementing the policy under subsection (a), the Secretary shall-- (1) minimize the possibility of conflicts of interest, to the extent practicable; and (2) establish procedures that ensure against the use of a certifying organization referred to in subsection (b)(5) that has a financial conflict of interest regarding the certification of an eligible provider. (g) Biennial Report.-- (1) In general.--Not later than 1 year after the date on which the Secretary updates Veterans Health Administration Handbook 1173.4, or any successor handbook or directive, under subsection (d), and not less frequently than once every other year thereafter through 2022, 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 and facility compliance with the policy developed under subsection (a). (2) Contents.--The report required by paragraph (1) shall include the following: (A) A description of the implementation plan for the policy developed under subsection (a) and any revisions to such policy under subsection (d). (B) A description of the performance measures used to determine the effectiveness of such policy in ensuring the safety of veterans enrolled in the automobile adaptive equipment program. (C) An assessment of safety issues due to improper installations based on a survey of recipients of adaptive equipment from the Department. (D) An assessment of the adequacy of the adaptive equipment services of the Department based on a survey of recipients of adaptive equipment from the Department. (E) An assessment of the training provided to the personnel of the Department with respect to administering the program. (F) An assessment of the certified providers of the Department of adaptive equipment with respect to meeting the minimum standards developed under subsection (b)(2). (h) Definitions.--In this section: (1) Automobile adaptive equipment program.--The term ``automobile adaptive equipment program'' means the program administered by the Secretary of Veterans Affairs pursuant to chapter 39 of title 38, United States Code. (2) Veterans service organization.--The term ``veterans service organization'' means any organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code. SEC. 4. APPOINTMENT OF LICENSED HEARING AID SPECIALISTS IN VETERANS HEALTH ADMINISTRATION. (a) Licensed Hearing Aid Specialists.-- (1) Appointment.--Section 7401(3) of title 38, United States Code, is amended by inserting ``licensed hearing aid specialists,'' after ``Audiologists,''. (2) Qualifications.--Section 7402(b)(14) of such title is amended by inserting ``, hearing aid specialist'' after ``dental technologist''. (b) Requirements.--With respect to appointing hearing aid specialists under sections 7401 and 7402 of title 38, United States Code, as amended by subsection (a), and providing services furnished by such specialists, the Secretary shall ensure that-- (1) a hearing aid specialist may only perform hearing services consistent with the hearing aid specialist's State license related to the practice of fitting and dispensing hearing aids without excluding other qualified professionals, including audiologists, from rendering services in overlapping practice areas; (2) services provided to veterans by hearing aid specialists shall be provided as part of the non-medical treatment plan developed by an audiologist; and (3) the medical facilities of the Department of Veterans Affairs provide to veterans access to the full range of professional services provided by an audiologist. (c) Consultation.--In determining the qualifications required for hearing aid specialists and in carrying out subsection (b), the Secretary shall consult with veterans service organizations, audiologists, otolaryngologists, hearing aid specialists, and other stakeholder and industry groups as the Secretary determines appropriate. (d) Annual Report.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter during the 5-year period beginning on the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the following: (A) Timely access of veterans to hearing health services through the Department of Veterans Affairs. (B) Contracting policies of the Department with respect to providing hearing health services to veterans in facilities that are not facilities of the Department. (2) Timely access to services.--Each report shall, with respect to the matter specified in paragraph (1)(A) for the 1-year period preceding the submittal of such report, include the following: (A) The staffing levels of audiologists, hearing aid specialists, and health technicians in audiology in the Veterans Health Administration. (B) A description of the metrics used by the Secretary in measuring performance with respect to appointments and care relating to hearing health. (C) The average time that a veteran waits to receive an appointment, beginning on the date on which the veteran makes the request, for the following: (i) A disability rating evaluation for a hearing- related disability. (ii) A hearing aid evaluation. (iii) Dispensing of hearing aids. (iv) Any follow-up hearing health appointment. (D) The percentage of veterans whose total wait time for appointments described in subparagraph (C), including an initial and follow-up appointment, if applicable, is more than 30 days. (3) Contracting policies.--Each report shall, with respect to the matter specified in paragraph (1)(B) for the 1-year period preceding the submittal of such report, include the following: (A) The number of veterans that the Secretary refers to non-Department audiologists for hearing health care appointments. (B) The number of veterans that the Secretary refers to non-Department hearing aid specialists for follow-up appointments for a hearing aid evaluation, the dispensing of hearing aids, or any other purpose relating to hearing health. 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 November 17, 2016. Veterans Mobility Safety Act of 2016 (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to ensure that an eligible disabled veteran provided an automobile or other conveyance is given the opportunity to make personal selections relating to such conveyance. (Sec. 3) The VA shall develop a comprehensive policy regarding quality standards for providers of modification services to veterans under the automobile adaptive equipment program. Such policy shall cover: (1) management of the automobile adaptive equipment program, (2) development and application of safety and quality standards for equipment and installation, (3) provider certification by a third party organization or manufacturer, (4) manufacturer certification of a provider, (5) education and training of VA personnel, (6) provider compliance with the Americans with Disabilities Act of 1990, and (7) allowance for veterans to receive modifications at their residence or location of choice. The VA shall approve a manufacturer as a certifying manufacturer if such manufacturer demonstrates that its certification standards meet or exceed the quality standards provided for by this bill. The VA may approve two or more private, nonprofit organizations as third party, nonprofit certifying organizations. The VA shall: (1) within one year and at least every six years thereafter, update VHA Handbook 1173.4 in accordance with such policy; and (2) within one year of such update and biennially thereafter through 2022, report on policy implementation and facility compliance. The VA shall: (1) develop and revise such policy in consultation with veteran service organizations, the National Highway Transportation Administration, industry representatives, manufacturers of automobile adaptive equipment, and other entities with relevant expertise; and (2) ensure against the use of a certifying entity that has a financial conflict of interest regarding the certification of an eligible provider. (Sec. 4) The VA may appoint licensed hearing aid specialists to the Veterans Health Administration. The VA shall ensure that: (1) a hearing aid specialist may only perform hearing services consistent with the specialist's state license related to the practice of fitting and dispensing hearing aids, without excluding other qualified professionals from rendering services in overlapping practice areas; (2) services provided to veterans by hearing aid specialists shall be provided as part of the non-medical treatment plan developed by an audiologist; and (3) VA medical facilities provide veterans with access to the full range of audiologist services. The VA shall, within one year and annually thereafter for the next five years, report on: (1) veterans access to such hearing health services; and (2) VA contracting policies for providing hearing health services to veterans in non-VA facilities, including the number of veterans referred to audiologists and hearing aid specialists.

Veterans Mobility Safety Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wireless Microphone Users Interference Protection Act of 2013''. SEC. 2. ELIGIBILITY FOR PART 74 LICENSES. Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall take such actions as are necessary to expand eligibility for licenses under section 74.832 of title 47, Code of Federal Regulations, to the owners of, and operators of events and performances at, the following sites: (1) Amusement parks. (2) Arenas. (3) Convention centers. (4) Educational facilities. (5) Houses of worship. (6) Lodging facilities. (7) Museums. (8) Outdoor venues. (9) Recording studios. (10) Theaters. SEC. 3. EXPANDING SCOPE OF SERVICE RULE. Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall expand the scope of service and permissible transmissions currently set forth in section 74.831 of title 47, Code of Federal Regulations, to include the use of wireless microphones in rehearsals and live or recorded events and performances by the persons and entities made eligible for licenses pursuant to section 2 of this Act. SEC. 4. SAFE HAVEN CHANNELS. The Federal Communications Commission shall establish 2 safe haven channels for exclusive use by wireless microphone users that are each 6 MHz in the spectrum ranging from 470 MHz to 698 MHz, inclusive, other than frequencies identified as guard bands and the mid-band gap between the frequencies designated for uplink and downlink service in auctioned 600 MHz spectrum. SEC. 5. ACCESS TO TV BANDS DATABASES. (a) Authorization.--The Federal Communications Commission shall authorize the owners and operators of wireless microphones (and their appointed technical representatives) to have access to the TV bands databases described in subpart H of part 15 of title 47, Code of Federal Regulations, for the purpose of protecting wireless microphone operations from interference. (b) Registration Sites.--Sites that may be registered in the TV bands databases as sites where wireless microphone operations shall be protected pursuant to subsection (a) include the following: (1) Amusement parks. (2) Arenas. (3) Convention centers. (4) Educational facilities. (5) Houses of worship. (6) Lodging facilities. (7) Museums. (8) Outdoor venues. (9) Recording studios. (10) Restaurants. (11) Theaters. SEC. 6. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Amusement park.--The term ``amusement park'' means a commercially operated park equipped with various recreational devices, entertainment, and typically booths for games and the sale of food and drink. (2) Arena.--The term ``arena'' means any building or structure primarily used for an athletic contest, sporting event, or musical performance, such as a stadium or racetrack. (3) Convention center.--The term ``convention center'' means any civic building or group of buildings designed for events, such as conventions, industrial shows, and exhibitions, and which often includes an auditorium, a conference or meeting room, hotel accommodations, a restaurant, or other facilities. (4) Educational facility.--The term ``educational facility'' means any building, place, or institution where instruction to students is provided, including any daycare center, nursery school, public or private school, college or university, career or technical education school, or corporate training center. (5) House of worship.--The term ``house of worship'' means any building, place, or institution devoted to religious worship, including a church, synagogue, temple, mosque, or chapel. (6) Lodging facility.--The term ``lodging facility'' means any individual hotel, motel, or inn that makes accommodation available on a temporary basis for a charge. (7) Museum.--The term ``museum'' means a building, place, or institution devoted to the procurement, care, study, and display of works of art, scientific specimens, and other objects of lasting interest or value. (8) Outdoor venue.--The term ``outdoor venue'' means any outdoor place or area where a fair, concert, sporting event, circus, festival, exhibition, or civic ceremony or presentation is held, such as a fairground, golf course, or pavilion. Such term includes a place or area that is partially enclosed. (9) Recording studio.--The term ``recording studio'' means any facility used primarily for the commercial production or recording of live or prerecorded music, television, motion picture, or other kind of news, sports, entertainment, educational, or religious programming. (10) Restaurant.--The term ``restaurant'' means an establishment where meals may be purchased and consumed. (11) Theater.--The term ``theater'' means any place, building, enclosure, or structure with a seating capacity that is used for a dramatic performance, stage entertainment, musical performance, or motion picture show. (12) Wireless microphone.--The term ``wireless microphone'' means a low power auxiliary station, as defined in subpart H of part 74 of title 47, Code of Federal Regulations, as of the date of enactment of this Act.

Wireless Microphone Users Interference Protection Act of 2013 - Directs the Federal Communications Commission (FCC) to expand eligibility for specified licenses authorizing the operation of low power auxiliary stations to the owners of, and operators of events and performances at: amusement parks, arenas, convention centers, educational facilities, houses of worship, lodging facilities, museums, outdoor venues, recording studios, and theaters. Requires the FCC to: (1) expand scope of service and permissible transmission regulations to include the use of wireless microphones in rehearsals and live or recorded events and performances by such licensees, and (2) establish two safe haven channels for exclusive use by wireless microphone users. Directs the FCC to authorize owners and operators of wireless microphones to have access to TV bands databases to protect wireless microphone operations from interference. (The purpose of the TV bands database is to provide unlicensed Television Band Devices [TVBDs] with the available TV channels at the TVBD's location and to register fixed TVBDs and other locations protected from interference that are not otherwise recorded in FCC licensing databases.) Permits restaurants, as well as the persons and entities made eligible for licenses by this Act, to be registered in such databases as sites where wireless microphone operations shall be protected from interference.

Wireless Microphone Users Interference Protection Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act''. SEC. 2. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS. (a) Enhanced Penalties.-- (1) In general.--Chapter 9 of title II of the Immigration and Nationality Act (8 U.S.C. 1351 et seq.) is amended by adding at the end the following: ``SEC. 295. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS. ``(a) Illicit Spotting.--Any person who knowingly transmits, by any means, to another person the location, movement, or activities of any Federal, State, local, or tribal law enforcement agency with the intent to further a Federal crime relating to United States immigration, customs, controlled substances, agriculture, monetary instruments, or other border controls shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both. ``(b) Destruction of United States Border Controls.--Any person who knowingly and without lawful authorization destroys, alters, or damages any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control the border or a port of entry or otherwise seeks to construct, excavate, or make any structure intended to defeat, circumvent, or evade any such fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control the border or a port of entry-- ``(1) shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both; and ``(2) if, at the time of the offense, the person uses or carries a firearm or who, in furtherance of any such crime, possesses a firearm, that person shall be fined under such title 18, imprisoned not more than 20 years, or both. ``(c) Conspiracy and Attempt.--Any person who attempts or conspires to violate subsection (a) or (b) shall be punished in the same manner as a person who completes a violation of such subsection.''. (2) Clerical amendment.--The table of contents in the first section of the Immigration and Nationality Act is amended by inserting after the item relating to section 294 the following: ``Sec. 295. Unlawfully hindering immigration, border, and customs controls.''. (b) Prohibiting Carrying or Use of a Firearm During and in Relation to an Alien Smuggling Crime.--Section 924(c) of title 18, United States Code, is amended-- (1) by striking ``For purposes of this subsection,'' each place such phrase appears; (2) in paragraph (1)-- (A) in subparagraph (A), by inserting ``, alien smuggling crime,'' after ``crime of violence'' each place that term appears; and (B) in subparagraph (D)(ii), by inserting ``, alien smuggling crime,'' after ``crime of violence''; (3) in paragraph (3), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margin accordingly; (4) by redesignating paragraphs (2), (3), and (4) as subparagraphs (D), (C), and (B), respectively, and adjusting the margin accordingly; (5) by transferring subparagraph (B), as redesignated, to appear before subparagraph (C), as redesignated; (6) by transferring subparagraph (D), as redesignated, to appear after subparagraph (C), as redesignated; (7) by redesignating paragraph (5) as paragraph (2) and transferring the redesignated paragraph to appear after paragraph (1); (8) by inserting after paragraph (2), as redesignated and transferred, the following: ``(3) As used in this subsection-- ``(A) the term `alien smuggling crime' means any felony punishable under section 274(a), 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1324(a), 1327, and 1328);''; and (9) in paragraph (3), as redesignated-- (A) in subparagraph (B), as redesignated, by striking the period at the end and inserting a semicolon; and (B) in subparagraph (C)(ii), as redesignated, by striking the period at the end and inserting ``; and''. (c) Conforming Amendments.-- (1) Bankruptcy code.--Section 707(c)(1)(B) of title 11, United States Code, is amended by striking ``section 924(c)(2)'' and inserting ``section 924(c)(3)(D)''; (2) Criminal code.--Title 18, United States Code, is amended-- (A) in section 844(o)-- (i) by striking ``section 924(c)(3)'' and inserting ``section 924(c)(3)(C)''; and (ii) by striking ``section 924(c)(2)'' and inserting ``section 924(c)(3)(D)''; (B) in section 1028(b)(3)(B), by striking ``section 924(c)(3)'' and inserting ``section 924(c)(3)(C)''; and (C) in section 4042(b)(3)-- (i) in subparagraph (A), by striking ``section 924(c)(2)'' and inserting ``section 924(c)(3)(D)''; and (ii) in subparagraph (B), by striking ``section 924(c)(3)'' and inserting ``section 924(c)(3)(C)''. (3) Prisons.--Section 3(1) of the Interstate Transportation of Dangerous Criminals Act of 2000 (42 U.S.C. 13726a(1)) is amended by striking ``section 924(c)(3)'' and inserting ``section 924(c)(3)(C)''. (d) Statute of Limitations.--Section 3298 of title 18, United States Code, is amended-- (1) by inserting ``or 295'' after ``274(a)''; and (2) by inserting ``(8 U.S.C. 1324(a) and 1363b)'' after ``Immigration and Nationality Act''.

Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act This bill amends the Immigration and Nationality Act to prohibit: (1) transmitting to another person the location, movement, or activities of law enforcement agents while intending to further a federal crime relating to U.S. immigration; (2) destroying, altering, or damaging any physical or electronic device used by the federal government to control the border or any port of entry; or (3) carrying or using a firearm in an alien smuggling crime.

Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Affordability and Fairness Act''. SEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES. (a) Deduction Allowed.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following: ``SEC. 222. HIGHER EDUCATION EXPENSES. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction an amount equal to the qualified tuition and related expenses paid by the taxpayer during the taxable year. ``(b) Limitations.-- ``(1) Limitation for first 2 years of postsecondary education.--For any taxable year preceding a taxable year described in paragraph (2), the amount of qualified tuition and related expenses which may be taken into account under subsection (a) shall not exceed-- ``(A) except as provided in subparagraph (B), the excess (if any) of-- ``(i) the lesser of-- ``(I) $10,000 for each eligible student, or ``(II) $15,000, over ``(ii) the amount of such expenses which are taken into account in determining the credit allowable to the taxpayer or any other person under section 25A(a)(1) with respect to such expenses, and ``(B) in the case of a taxpayer with respect to which the credit under section 25A(a)(1) is reduced to zero by reason of section 25A(d)(1), $5,000. ``(2) Limitation for second 2 years of postsecondary education.--For any taxable year if an eligible student has completed (before the beginning of such taxable year) the first 2 years of postsecondary education at an eligible educational institution, the amount of qualified tuition and related expenses which may be taken into account under subsection (a) shall not exceed-- ``(A) except as provided in subparagraph (B) or (C), $10,000, ``(B) in the case of a taxpayer with respect to which a credit under section 25A(a)(1) would be reduced to zero by reason of section 25A(d)(1), $5,000, and ``(C) in the case of taxpayer with respect to whom the credit under section 25A(a)(2) is allowed for such taxable year, zero. ``(3) Deduction allowed only for 4 taxable years for each eligible student.--A deduction may not be allowed under subsection (a) with respect to the qualified tuition and related expenses of an eligible student for any taxable year if such a deduction was allowable with respect to such expenses for such student for any 4 prior taxable years. ``(c) Qualified Tuition and Related Expenses.--For purposes of this section, the term `qualified tuition and related expenses' has the meaning given such term by section 25A(f)(1) (determined with regard to section 25A(c)(2)(B)). ``(d) Eligible Student.--For purposes of this section, the term `eligible student' has the meaning given such term by section 25A(b)(3). ``(e) Special Rules.--For purposes of this section-- ``(1) Identification requirement.--No deduction shall be allowed under subsection (a) to a taxpayer with respect to an eligible student unless the taxpayer includes the name, age, and taxpayer identification number of such eligible student on the return of tax for the taxable year. ``(2) No double benefit.-- ``(A) Coordination with exclusions.--The amount of qualified tuition and related expenses otherwise taken into account under subsection (a) with respect to an eligible student shall be reduced (before the application of subsection (b)) by the amount of such expenses which are taken into account in determining the exclusion under section 135 or 530(d)(2) for the taxable year. ``(B) Dependents.--No deduction shall be allowed under subsection (a) to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(3) Limitation on taxable year of deduction.-- ``(A) In general.--A deduction shall be allowed under subsection (a) for qualified tuition and related expenses for any taxable year only to the extent such expenses are in connection with enrollment at an institution of higher education during the taxable year. ``(B) Certain prepayments allowed.--Subparagraph (A) shall not apply to qualified tuition and related expenses paid during a taxable year if such expenses are in connection with an academic term beginning during such taxable year or during the first 3 months of the next taxable year. ``(4) Adjustment for certain scholarships and veterans benefits.--The amount of qualified tuition and related expenses otherwise taken into account under subsection (a) with respect to the education of an individual shall be reduced (before the application of subsection (b)) by the sum of the amounts received with respect to such individual for the taxable year as-- ``(A) a qualified scholarship which under section 117 is not includable in gross income, ``(B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or ``(C) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for educational expenses, or attributable to enrollment at an eligible educational institution, which is exempt from income taxation by any law of the United States. ``(5) No deduction for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(6) Nonresident aliens.--If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. ``(7) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations requiring recordkeeping and information reporting.''. (b) Deduction Allowed in Computing Adjusted Gross Income.--Section 62(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (17) the following: ``(18) Higher education expenses.--The deduction allowed by section 222.''. (c) Determination of Adjusted Gross Income With Respect To Other Benefits.-- (1) Section 21(a)(2) of the Internal Revenue Code of 1986 is amended by inserting ``(determined without regard to section 222)'' after ``adjusted gross income''. (2) Section 22(d) of such Code is amended-- (A) by inserting ``(determined without regard to section 222)'' after ``adjusted gross income'' the first place it appears, and (B) by inserting ``(as so determined)'' after ``adjusted gross income'' the second place it appears. (3) Section 23(b)(2)(B) of such Code is amended by inserting ``222,'' before ``911''. (4) Section 24(b)(1) of such Code is amended by inserting ``222,'' before ``911''. (5) Section 86(b)(2)(A) of such Code is amended by inserting ``222,'' before ``911''. (6) Section 137(b)(3)(A) of such Code is amended by inserting ``222,'' before ``911''. (7) Section 151(d)(3) of such Code is amended-- (A) by inserting ``(determined without regard to section 222)'' after ``adjusted gross income'' in subparagraph (A), and (B) by inserting ``(as so determined)'' after ``adjusted gross income'' in subparagraph (B). (8) Section 165(h)(2)(A)(ii) of such Code is amended by inserting ``(determined without regard to section 222)'' after ``adjusted gross income''. (9) Section 213(a) of such Code is amended by inserting ``(determined without regard to section 222)'' after ``adjusted gross income''. (10) Section 219(g)(3)(A)(ii) of such Code is amended by inserting ``222,'' after ``221,''. (11) Section 221(b)(2)(C)(i) of such Code is amended by inserting ``222,'' before ``911''. (12) Section 403(b)(3)(D) of such Code is amended-- (A) by inserting ``(determined without regard to section 222)'' after ``adjusted gross income'' in clause (ii), and (B) by inserting ``(as so determined)'' after ``adjusted gross income'' in the matter following clause (ii). (13) Section 469(i)(3)(E)(iii) of such Code is amended by striking ``and 221'' and inserting ``, 221, and 222''. (14) Section 1400C(b)(2) of such Code is amended by inserting ``222,'' before ``911''. (d) Conforming Amendments.--The table of sections for part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 222 and inserting the following: ``Sec. 222. Higher education expenses. ``Sec. 223. Cross reference.''. (e) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2001 (in taxable years ending after such date), for education furnished in academic periods beginning after such date. SEC. 3. EDUCATION TAX CREDIT FAIRNESS. (a) In General.--Section 25A(c)(1) of the Internal Revenue Code of 1986 (relating to lifetime learning credit) is amended by striking ``2003'' and inserting ``2002''. (b) Increase in AGI Limits.-- (1) In general.--Subsection (d) of section 25A of the Internal Revenue Code of 1986 is amended to read as follows: ``(d) Limitation Based on Modified Adjusted Gross Income.-- ``(1) Hope credit.-- ``(A) In general.--The amount which would (but for this subsection) be taken into account under subsection (a)(1) shall be reduced (but not below zero) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this subparagraph equals the amount which bears the same ratio to the amount which would be so taken into account as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $50,000 ($100,000 in the case of a joint return), bears to ``(ii) $10,000 ($20,000 in the case of a joint return). ``(2) Lifetime learning credit.-- ``(A) In general.--The amount which would (but for this subsection) be taken into account under subsection (a)(2) shall be reduced (but not below zero) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this subparagraph equals the amount which bears the same ratio to the amount which would be so taken into account as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $40,000 ($80,000 in the case of a joint return), bears to ``(ii) $10,000 ($20,000 in the case of a joint return). ``(3) Modified adjusted gross income.--For purposes of this subsection, the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933.''. (2) Conforming amendment.--Paragraph (2) of section 25A(h) of such Code is amended to read as follows: ``(2) Income limits.-- ``(A) Hope credit.--In the case of a taxable year beginning after 2002, the $50,000 and $100,000 amounts in subsection (d)(1)(B)(i)(II) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Lifetime learning credit.--In the case of a taxable year beginning after 2001, the $40,000 and $80,000 amounts in subsection (d)(2)(B)(i)(II) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2000' for `calendar year 1992' in subparagraph (B) thereof. ``(C) Rounding.--If any amount as adjusted under subparagraph (A) or (B) is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000.''. (c) Coordination With Other Higher Education Benefits.-- (1) Subsection (e) of section 25A of the Internal Revenue Code of 1986 is amended to read as follows: ``(e) Election Not To Have Section Apply.--A taxpayer may elect not to have this section apply with respect to the qualified tuition and related expenses of an individual for any taxable year.''. (2) Section 25A (g) of such Code is amended by striking paragraph (5) and by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively. (3) Section 135(d)(2)(A) of such Code is amended by striking ``allowable'' and inserting ``allowed''. (d) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2001 (in taxable years ending after such date), for education furnished in academic periods beginning after such date. SEC. 4. RELATIONSHIP BETWEEN TUITION AND FINANCIAL AID. (a) Study.--The Comptroller General of the United States shall conduct an annual study to examine whether the Federal income tax incentives to provide education assistance affect higher education tuition rates in order to identify if institutions of higher education are absorbing the intended savings by raising tuition rates. (b) Report.--The Comptroller General of the United States shall report the results of the study required under subsection (a) to Congress on an annual basis. SEC. 5. SENSE OF THE SENATE REGARDING PELL GRANTS. It is the sense of the Senate that the maximum Pell Grant should be increased to $4,700 to pay approximately-- (1) 20 percent of the tuition, fees, room and board, and other expenses of the average college, or (2) the tuition and fees of the average public college.

Higher Education Affordability and Fairness Act - Amends the Internal Revenue Code to allow a limited tax deduction for qualified higher education tuition and related expenses.Provides that the increase in the Lifetime Learning Credit to 20 percent of $10,000 of tuition from $5,000 of tuition shall be effective starting in 2002 rather than 2003.Directs the Comptroller General of the United States to conduct an annual study to examine whether the Federal income tax incentives to provide education assistance affect higher education tuition rates in order to identify if institutions of higher education are absorbing the intended savings by raising tuition rates.Expresses the sense of the Senate that the maximum Pell Grant should be increased to $4,700 to pay approximately: (1) 20 percent of the tuition, fees, room and board, and other expenses of the average college; or (2) the tuition and fees of the average public college.

A bill to amend the Internal Revenue Code of 1986 to make higher education more affordable by providing a tax deduction for higher education expenses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Mexico Transboundary Aquifer Assessment Act''. SEC. 2. PURPOSE. The purpose of this Act is to direct the Secretary of the Interior to establish a United States-Mexico transboundary aquifer assessment program to-- (1) systematically assess priority transboundary aquifers; and (2) provide the scientific foundation necessary for State and local officials to address pressing water resource challenges in the United States-Mexico border region. SEC. 3. DEFINITIONS. In this Act: (1) Aquifer.--The term ``aquifer'' means a subsurface water-bearing geologic formation from which significant quantities of water may be extracted. (2) Border state.--The term ``Border State'' means each of the States of Arizona, California, New Mexico, and Texas. (3) Indian tribe.--The term ``Indian tribe'' means an Indian tribe, band, nation, or other organized group or community-- (A) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; and (B) the reservation of which includes a transboundary aquifer within the exterior boundaries of the reservation. (4) Priority transboundary aquifer.--The term ``priority transboundary aquifer'' means a transboundary aquifer that has been designated for study and analysis under the program. (5) Program.--The term ``program'' means the United States- Mexico transboundary aquifer assessment program established under section 4(a). (6) Reservation.--The term ``reservation'' means land that has been set aside or that has been acknowledged as having been set aside by the United States for the use of an Indian tribe, the exterior boundaries of which are more particularly defined in a final tribal treaty, agreement, executive order, Federal statute, secretarial order, or judicial determination. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the United States Geological Survey. (8) Transboundary aquifer.--The term ``transboundary aquifer'' means an aquifer that underlies the boundary between the United States and Mexico. (9) Tri-regional planning group.--The term ``Tri-Regional Planning Group'' means the binational planning group comprised of-- (A) the Junta Municipal de Agua y Saneamiento de Ciudad Juarez; (B) the El Paso Water Utilities Public Service Board; and (C) the Lower Rio Grande Water Users Organization. (10) Water resources research institutes.--The term ``water resources research institutes'' means the institutes within the Border States established under section 104 of the Water Resources Research Act of 1984 (42 U.S.C. 10303). SEC. 4. ESTABLISHMENT OF PROGRAM. (a) In General.--The Secretary, in consultation and cooperation with the Border States, the water resources research institutes, Sandia National Laboratories, and other appropriate entities in the United States and Mexico, shall carry out the United States-Mexico transboundary aquifer assessment program to characterize, map, and model transboundary groundwater resources along the United States- Mexico border at a level of detail determined to be appropriate for the particular aquifer. (b) Objectives.--The objectives of the program are to-- (1) develop and implement an integrated scientific approach to assess transboundary groundwater resources, including-- (A)(i) identifying fresh and saline transboundary aquifers; and (ii) prioritizing the transboundary aquifers for further analysis by assessing-- (I) the proximity of the transboundary aquifer to areas of high population density; (II) the extent to which the transboundary aquifer is used; (III) the susceptibility of the transboundary aquifer to contamination; and (IV) any other relevant criteria; (B) evaluating all available data and publications as part of the development of study plans for each priority transboundary aquifer; (C) creating a new, or enhancing an existing, geographic information system database to characterize the spatial and temporal aspects of each priority transboundary aquifer; and (D) using field studies, including support for and expansion of ongoing monitoring and metering efforts, to develop-- (i) the additional data necessary to adequately define aquifer characteristics; and (ii) scientifically sound groundwater flow models to assist with State and local water management and administration, including modeling of relevant groundwater and surface water interactions; (2) expand existing agreements, as appropriate, between the United States Geological Survey, the Border States, the water resources research institutes, and appropriate authorities in the United States and Mexico, to-- (A) conduct joint scientific investigations; (B) archive and share relevant data; and (C) carry out any other activities consistent with the program; and (3) produce scientific products for each priority transboundary aquifer that-- (A) are capable of being broadly distributed; and (B) provide the scientific information needed by water managers and natural resource agencies on both sides of the United States-Mexico border to effectively accomplish the missions of the managers and agencies. (c) Designation of Priority Transboundary Aquifers.-- (1) In general.--For purposes of the program, the Secretary shall designate as priority transboundary aquifers-- (A) the Hueco Bolson and Mesilla aquifers underlying parts of Texas, New Mexico, and Mexico; (B) the Santa Cruz River Valley aquifers underlying Arizona and Sonora, Mexico; and (C) the San Pedro aquifers underlying Arizona and Sonora, Mexico (2) Additional aquifers.--The Secretary shall, using the criteria under subsection (b)(1)(A)(ii), evaluate and designate additional priority transboundary aquifers. (d) Cooperation With Mexico.--To ensure a comprehensive assessment of transboundary aquifers, the Secretary shall, to the maximum extent practicable, work with appropriate Federal agencies and other organizations to develop partnerships with, and receive input from, relevant organizations in Mexico to carry out the program. (e) Grants and Cooperative Agreements.--The Secretary may provide grants or enter into cooperative agreements and other agreements with the water resources research institutes and other Border State entities to carry out the program. SEC. 5. IMPLEMENTATION OF PROGRAM. (a) Coordination With States, Tribes, and Other Entities.--The Secretary shall coordinate the activities carried out under the program with-- (1) the appropriate water resource agencies in the Border States; (2) any affected Indian tribes; and (3) any other appropriate entities that are conducting monitoring and metering activity with respect to a priority transboundary aquifer. (b) New Activity.--After the date of enactment of this Act, the Secretary shall not initiate any new field studies or analyses under the program before consulting with, and coordinating the activity with, any Border State water resource agencies that have jurisdiction over the aquifer. (c) Study Plans; Cost Estimates.-- (1) In general.--The Secretary shall work closely with appropriate Border State water resource agencies, water resources research institutes, and other relevant entities to develop a study plan, timeline, and cost estimate for each priority transboundary aquifer to be studied under the program. (2) Requirements.--A study plan developed under paragraph (1) shall, to the maximum extent practicable-- (A) integrate existing data collection and analyses conducted with respect to the priority transboundary aquifer; (B) if applicable, improve and strengthen existing groundwater flow models developed for the priority transboundary aquifer; and (C) be consistent with appropriate State guidelines and goals. SEC. 6. EFFECT. Nothing in this Act affects-- (1) the jurisdiction or responsibility of a Border State with respect to managing surface or groundwater resources in the Border State; or (2) the water rights of any person or entity using water from a transboundary aquifer. SEC. 7. REPORTS. Not later than 5 years after the date of enactment of this Act, and on completion of the program in fiscal year 2014, the Secretary shall submit to the appropriate water resource agency in the Border States, an interim and final report, respectively, that describes-- (1) any activities carried out under the program; (2) any conclusions of the Secretary relating to the status of transboundary aquifers; and (3) the level of participation in the program of entities in Mexico. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $50,000,000 for the period of fiscal years 2006 through 2015. (b) Distribution of Funds.--Of the amounts made available under subsection (a), 50 percent shall be made available to the water resources research institutes to provide funding to appropriate entities in the Border States (including Sandia National Laboratories, State agencies, universities, the Tri-Regional Planning Group, and other relevant organizations) and Mexico to conduct activities under the program, including the binational collection and exchange of scientific data.

United States-Mexico Transboundary Aquifer Assessment Act - Establishes a United States-Mexico transboundary aquifer assessment program to characterize, map, and model groundwater resources along the border. Describes as the program's objectives to: (1) develop an integrated approach to assess transboundary groundwater resources, including identifying fresh and saline aquifers, prioritizing the aquifers for further analysis, and creating a geographic information system database for each priority aquifer; (2) expand existing agreements between the U.S. Geological Survey, the Border States (Arizona, California, New Mexico, and Texas), the Water Resources Research Institutes, and appropriate U.S. and Mexican authorities to conduct joint scientific investigations and archive and share relevant data; and (3) produce scientific products for each priority aquifer to provide water managers and natural resource agencies with necessary information. Designates as priority transboundary aquifers the: (1) Hueco Bolson and Mesilla aquifers; (2) Santa Cruz River Valley aquifers; and (3) San Pedro aquifers. Requires the Secretary of the Interior to: (1) develop partnerships with relevant organizations in Mexico; and (2) coordinate activities with water resource agencies in the Border States and affected Indian tribes. Prohibits the Secretary from initiating any field studies before consulting and coordinating with the Border State water resource agency with jurisdiction over the aquifer. Authorizes the Secretary to make grants and enter into cooperative agreements with water resource agencies and Border States to carry out the program.

To authorize the Secretary of the Interior to cooperate with the States on the border with Mexico and other appropriate entities in conducting a hydrogeologic characterization, mapping, and modeling program for priority transboundary aquifers, and for other purposes.

SECTION 1. VESSEL SIZE LIMITS FOR FISHERY ENDORSEMENTS. (a) Length, Tonnage, and Horsepower.--Section 12113(d)(2) of title 46, United States Code, is amended-- (1) in subparagraph (A)-- (A) in clause (i), by adding ``and'' at the end; (B) in clause (ii) by striking ``and'' at the end; and (C) by striking clause (iii); (2) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) the vessel is either a rebuilt vessel or a replacement vessel under section 208(g) of the American Fisheries Act (title II of division C of Public Law 105-277; 112 Stat. 2681-627) and is eligible for a fishery endorsement under this section.''. (b) Conforming Amendments.-- (1) Vessel rebuilding and replacement.--Subsection (g) of section 208 of the American Fisheries Act (title II of division C of Public Law 105-277; 112 Stat. 2681-627) is amended to read as follows: ``(g) Vessel Rebuilding and Replacement.-- ``(1) In general.-- ``(A) Rebuild or replace.--Notwithstanding any limitation to the contrary on replacing, rebuilding, or lengthening vessels or transferring permits or licenses to a replacement vessel contained in sections 679.2 and 679.4 of title 50, Code of Federal Regulations, as in effect on the date of enactment of this subsection and except as provided in paragraph (4), the owner of a vessel eligible under subsection (a), (b), (c), (d), or (e) (other than paragraph (21)), in order to improve vessel safety and operational efficiencies (including fuel efficiency), may rebuild or replace that vessel (including fuel efficiency) with a vessel documented with a fishery endorsement under section 12113 of title 46, United States Code. ``(B) Same requirements.--The rebuilt or replacement vessel shall be eligible in the same manner and subject to the same restrictions and limitations under such subsection as the vessel being rebuilt or replaced. ``(C) Transfer of permits and licenses.--Each fishing permit and license held by the owner of a vessel or vessels to be rebuilt or replaced under subparagraph (A) shall be transferred to the rebuilt or replacement vessel. ``(2) Recommendations of north pacific council.--The North Pacific Council may recommend for approval by the Secretary such conservation and management measures, including size limits and measures to control fishing capacity, in accordance with the Magnuson-Stevens Act as it considers necessary to ensure that this subsection does not diminish the effectiveness of fishery management plans of the Bering Sea and Aleutian Islands Management Area or the Gulf of Alaska. ``(3) Special rule for replacement of certain vessels.-- ``(A) In general.--Notwithstanding the requirements of subsections (b)(2), (c)(1), and (c)(2) of section 12113 of title 46, United States Code, a vessel that is eligible under subsection (a), (b), (c), (d), or (e) (other than paragraph (21)) and that qualifies to be documented with a fishery endorsement pursuant to section 203(g) or 213(g) may be replaced with a replacement vessel under paragraph (1) if the vessel that is replaced is validly documented with a fishery endorsement pursuant to section 203(g) or 213(g) before the replacement vessel is documented with a fishery endorsement under section 12113 of title 46, United States Code. ``(B) Applicability.--A replacement vessel under subparagraph (A) and its owner and mortgagee are subject to the same limitations under section 203(g) or 213(g) that are applicable to the vessel that has been replaced and its owner and mortgagee. ``(4) Special rules for certain catcher vessels.-- ``(A) In general.--A replacement for a covered vessel described in subparagraph (B) is prohibited from harvesting fish in any fishery (except for the Pacific whiting fishery) managed under the authority of any regional fishery management council (other than the North Pacific Council) established under section 302(a) of the Magnuson-Stevens Act. ``(B) Covered vessels.--A covered vessel referred to in subparagraph (A) is-- ``(i) a vessel eligible under subsection (a), (b), or (c) that is replaced under paragraph (1); or ``(ii) a vessel eligible under subsection (a), (b), or (c) that is rebuilt to increase its registered length, gross tonnage, or shaft horsepower. ``(5) Limitation on fishery endorsements.--Any vessel that is replaced under this subsection shall thereafter not be eligible for a fishery endorsement under section 12113 of title 46, United States Code, unless that vessel is also a replacement vessel described in paragraph (1). ``(6) Gulf of alaska limitation.--Notwithstanding paragraph (1), the Secretary shall prohibit from participation in the groundfish fisheries of the Gulf of Alaska any vessel that is rebuilt or replaced under this subsection and that exceeds the maximum length overall specified on the license that authorizes fishing for groundfish pursuant to the license limitation program under part 679 of title 50, Code of Federal Regulations, as in effect on the date of enactment of this subsection. ``(7) Authority of pacific council.--Nothing in this section shall be construed to diminish or otherwise affect the authority of the Pacific Council to recommend to the Secretary conservation and management measures to protect fisheries under its jurisdiction (including the Pacific whiting fishery) and participants in such fisheries from adverse impacts caused by this Act.''. (2) Exemption of certain vessels.--Section 203(g) of the American Fisheries Act (title II of division C of Public Law 105-277; 112 Stat. 2681-620) is amended-- (A) by inserting ``and'' after ``(United States official number 651041)''; (B) by striking ``, NORTHERN TRAVELER (United States official number 635986), and NORTHERN VOYAGER (United States official number 637398) (or a replacement vessel for the NORTHERN VOYAGER that complies with paragraphs (2), (5), and (6) of section 208(g) of this Act)''; and (C) by striking ``, in the case of the NORTHERN'' and all that follows through ``PHOENIX,''. (3) Fishery cooperative exit provisions.--Section 210(b) of the American Fisheries Act (title II of division C of Public Law 105-277; 112 Stat. 2681-629) is amended-- (A) by moving the matter beginning with ``the Secretary shall'' in paragraph (1) 2 ems to the right; and (B) by adding at the end the following: ``(7) Fishery cooperative exit provisions.-- ``(A) Fishing allowance determination.--For purposes of determining the aggregate percentage of directed fishing allowances under paragraph (1), when a catcher vessel is removed from the directed pollock fishery, the fishery allowance for pollock for the vessel being removed-- ``(i) shall be based on the catch history determination for the vessel made pursuant to section 679.62 of title 50, Code of Federal Regulations, as in effect on the date of enactment of this paragraph; and ``(ii) shall be assigned, for all purposes under this title, in the manner specified by the owner of the vessel being removed to any other catcher vessel or among other catcher vessels participating in the fishery cooperative if such vessel or vessels remain in the fishery cooperative for at least one year after the date on which the vessel being removed leaves the directed pollock fishery. ``(B) Eligibility for fishery endorsement.--Except as provided in subparagraph (C), a vessel that is removed pursuant to this paragraph shall be permanently ineligible for a fishery endorsement, and any claim (including relating to catch history) associated with such vessel that could qualify any owner of such vessel for any permit to participate in any fishery within the exclusive economic zone of the United States shall be extinguished, unless such removed vessel is thereafter designated to replace a vessel to be removed pursuant to this paragraph. ``(C) Limitations on statutory construction.-- Nothing in this paragraph shall be construed-- ``(i) to make the vessels AJ (United States official number 905625), DONA MARTITA (United States official number 651751), NORDIC EXPLORER (United States official number 678234), and PROVIDIAN (United States official number 1062183) ineligible for a fishery endorsement or any permit necessary to participate in any fishery under the authority of the New England Fishery Management Council or the Mid-Atlantic Fishery Management Council established, respectively, under subparagraphs (A) and (B) of section 302(a)(1) of the Magnuson-Stevens Act; or ``(ii) to allow the vessels referred to in clause (i) to participate in any fishery under the authority of the Councils referred to in clause (i) in any manner that is not consistent with the fishery management plan for the fishery developed by the Councils under section 303 of the Magnuson-Stevens Act.''.

Revises provisions concerning fishery endorsements for specified vessels that are either over 165 feet, more than 750 or 1,900 gross measured tons, or with more than 3,000 shaft power and that have a certificate of documentation issued for a fishery endorsement effective after September 25, 1997, and not placed under foreign registry after October 21, 1998, to also require for eligibility purposes that the vessel be either a rebuilt or replacement vessel under specified provisions of the American Fisheries Act relating to requirements for rebuilding and replacing vessels that are being revised by this Act and be otherwise eligible. Sets forth rules under such provisions of the American Fisheries Act relating to requirements for rebuilding and replacing vessels that are being revised by this Act concerning: (1) recommendations of the North Pacific Council for the Bering Sea and Aleutian Islands Management Area or the Gulf of Alaska; (2) certain catcher vessels; (3) limitations on fishery endorsements; and (4) Gulf of Alaska groundfish fisheries limitations. Amends the American Fisheries Act with respect to: (1) the exemption of specified vessels; and (2) fishery allowances and the removal of a catcher vessel from the directed pollock fishery.

A bill to amend title 46, United States Code, to modify the vessels eligible for a fishery endorsement, and for other purposes.

SECTION 1. DEFINITIONS. In this Act: (1) Advisory committee.--The term ``advisory committee'' means the advisory committee established by the Secretary under section 2(b). (2) Columbia/snake river basin.--The term ``Columbia/Snake River Basin'' means the basin of the Columbia River and Snake River in the States of Idaho, Montana, Oregon, and Washington. (3) Council.--The term ``Council'' means the Pacific Northwest Electric Power and Conservation Planning Council established under the Pacific Northwest Electric Power and Conservation Planning Act (16 U.S.C. 839 et seq.). (4) Federal agency.--The term ``Federal agency'' means-- (A) the Bonneville Power Administration in the Department of Energy; (B) the Bureau of Land Management, Bureau of Reclamation, United States Fish and Wildlife Service, and the Bureau of Indian Affairs in the Department of the Interior; (C) the National Marine Fisheries Service in the Department of Commerce; (D) the Army Corps of Engineers in the Department of the Army; (E) the Forest Service and the Natural Resource Conservation Service in the Department of Agriculture; and (F) the Environmental Protection Agency. (5) Memorandum of understanding.--The term ``memorandum of understanding'' means any written or unwritten agreement between or among 1 or more of the Federal agencies and 1 or more State or local government agencies, 1 or more Indian tribes, or 1 or more private persons or entities-- (A) concerning the manner in which any authority of a Federal agency under any law is to be exercised within the Columbia/Snake River Basin; or (B) for the purpose of formulating recommendations concerning the manner in which any such authority should be exercised. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 2. CONDITIONS ON MEMORANDUM OF UNDERSTANDING. (a) In General.--The Bonneville Power Administration or any other Federal agency, acting individually or with 1 or more of the other Federal agencies, shall not enter into or implement a memorandum of understanding unless all of the conditions stated in this section are met. (b) Advisory Committee.-- (1) Establishment.--The Secretary shall establish an advisory committee under the Federal Advisory Committee Act (5 U.S.C. App.) to advise the Federal agencies with respect to matters to be addressed under any memorandum of understanding, including the economic and social impacts of proposed activities or recommendations. (2) Membership.--The advisory committee shall be composed of-- (A) 1 representative of the large industrial customers served directly by the Bonneville Power Administration; (B) 1 representative of the preference power customers that purchase power from the Bonneville Power Administration; (C) 1 representative of non-Federal utilities that have hydropower generation on the Columbia River or Snake River; (D) 1 irrigator that receives water diverted from a Federal water project on the Snake River; (E) 1 irrigator that receives water diverted from a Federal water project on the Columbia River or a tributary of the Columbia River (other than a tributary that is also a tributary of the Snake River); (F) 1 private forest land owner; (G) 1 representative of the commercial fishing industry; (H) 1 representative of the sport fishing industry; (I) 1 representative of the environmental community; (J) 1 representative of a river port upstream of Bonneville Dam; (K) 1 representative of shippers that ship from places upstream of any lock on the Columbia River; (L) 1 representative of persons that hold Federal grazing permits; and (M) 1 representative of county governments from each of the States of Oregon, Washington, Idaho, and Montana. (3) Manner of appointment.--The members of the advisory committee shall be appointed by the Secretary of the Interior from among persons nominated by the Governors of the States of Idaho, Montana, Oregon, and Washington. (4) Chairperson.--At the first meeting of the advisory committee, the members shall select 1 of the members to serve as chairperson, on a simple majority vote. (5) Compensation.--A member of the advisory committee shall serve without compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of duties of the advisory committee. (6) Support.--The Secretary shall-- (A) provide such office space, furnishings and equipment as may be required to enable the advisory committee to perform its functions; and (B) furnish the advisory committee with such staff, including clerical support, as the advisory committee may require. (7) Opportunity to formulate and present views.--The advisory committee shall be afforded a reasonable opportunity to-- (A) attend each meeting convened under the memorandum of understanding; and (B) formulate and present its views on each matter addressed at the meeting. (8) Authorization of appropriations.--There is authorized to be appropriated to carry out the activities of the advisory committee a total of $1,000,000 during the period in which the advisory committee is in existence. (9) Termination.--The advisory committee shall terminate on termination of the memorandum of understanding. (c) Reconciliation of Differences.--The Director of the Office of Management and Budget shall designate an official who, at the request of a non-Federal party to any memorandum of understanding, shall have authority to reconcile differences between the Federal agencies on any issue relating to activities addressed under the memorandum of understanding. (d) Public Availability of Data and Methodologies.--Each Federal agency shall publish and make available to the public, through use of the Internet and by other means-- (1) all scientific data that are prepared by or made available to the Federal agency for use for the purpose of formulating recommendations regarding any matter addressed under any memorandum of understanding; and (2) all methodologies that are prepared by or made available to the Federal agency for the purpose of assessing the cost or benefit of any activity addressed under any memorandum of understanding. (e) Reporting by the Council.-- (1) In general.--Not later than 30 days before the beginning of each fiscal year, the Council shall submit to Congress a report that describes how the recommendations on fish and wildlife activities under any memorandum of understanding during the fiscal year will be reconciled and coordinated with activities of the Council under the Pacific Northwest Electric Power and Conservation Planning Act (16 U.S.C. 839 et seq.). (2) Cooperation.--Each Federal agency that is a party to a memorandum of understanding shall provide the Council such information and cooperation as the Council may request to enable the Council to make determinations necessary to prepare a report under paragraph (1). SEC. 3. BUDGET INFORMATION. (a) In General.--The President shall include in each budget of the United States Government for a fiscal year submitted under section 1105 of title 31, United States Code, a separate section that states for each Federal agency the amount of budget authority and outlays proposed to be expended in the Columbia/Snake River Basin (including a pro rata share of overhead expenses) for the fiscal year. (b) Itemization.--The statement of budget authority and outlays for the Columbia/Snake River Basin under subsection (a) for each Federal agency shall be stated in the same degree of specificity for each category of expense as in the statement of budget authority and outlays for the entire Federal agency elsewhere in the budget.

Prescribes conditions under which the Bonneville Power Administration or any other Federal agency may enter into or implement a memorandum of understanding. Requires the Secretary of the Interior to establish an advisory committee to advise Federal agencies regarding matters addressed under any such memorandum, including the economic and social impact of proposed activities or recommendations. Instructs the Secretary to appoint committee members from among the persons nominated by the Governors of Idaho, Montana, Oregon, and Washington. Authorizes appropriations. Instructs the Director of the Office of Management and Budget, upon the request of a non-Federal party to such a memorandum, to designate an official authorized to reconcile differences between the Federal agencies on issues pertinent to the memorandum. Requires each Federal agency to make available to the public all data and methodologies prepared under such a memorandum. Directs the Pacific Northwest Electric Power and Conservation Planning Council to report annually to the Congress on how the recommendations concerning fish and wildlife activities under the current memorandum of understanding will be reconciled and coordinated with its activities under the Pacific Northwest Electric Power and Conservation Planning Act. Requires the President to include in each fiscal year budget for each Federal agency the amount of budget authority and outlays proposed to be expended in the Columbia-Snake River Basin.

A bill to establish the conditions under which the Bonneville Power Administration and certain Federal agencies may enter into a memorandum of agreement concerning management of the Columbia/Snake River Basin, to direct the Secretary of the Interior to appoint an advisory committee to make recommendations regarding activities under the memorandum of understanding, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wildlife Disease Emergency Act of 2010''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) authorize the Secretary of the Interior to identify and declare wildlife disease emergencies; (2) establish a fund through which the Secretary may coordinate rapid response to these emergencies; and (3) prepare for, identify, and address diseases adversely affecting wildlife populations and biodiversity through strategic and coordinated actions between the Federal agencies and State and local agencies, Indian tribes, and nongovernmental organizations. SEC. 3. DECLARATION OF WILDLIFE DISEASE EMERGENCY. (a) In General.--The Secretary of the Interior, in consultation with the Governor of a potentially affected State or States, may declare within such State or States a wildlife disease emergency for disease that is-- (1) occurring within the United States; or (2) occurring outside the United States with the potential to enter the United States. (b) Considerations.--In making a declaration under subsection (a), the Secretary shall consider-- (1) the level of threat the disease poses to affected wildlife populations, based on the-- (A) relative threat to population levels; (B) relative strength of the contagion and spread of the disease; (C) observed rate of morbidity or mortality of the disease; and (D) priority of affected species or ecosystems, including-- (i) species listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (ii) species protected by the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), or other Federal statutes; (iii) species and habitats identified as priorities through the National Fish and Wildlife Climate Adaptation Plan or other Federal, State or local laws, regulations, and conservation plans; and (iv) wildlife located on Federal lands; (2) the sufficiency of resources available in the Wildlife Disease Emergency Fund established under section 4; (3) the ability of the Department of the Interior and other Federal, State, and local agencies, tribal governments, and other stakeholders to address and coordinate response to the disease through other authorities; and (4) the request of any State Governor to make such a declaration. (c) Response Coordination.-- (1) In general.--Upon a declaration of a wildlife disease emergency by the Secretary, the Secretary shall lead a coordinated response to the emergency that shall include appropriate Federal agencies, State and local governments, Indian tribes, nongovernmental organizations, or other stakeholders. (2) Grant program.--The Secretary shall develop and implement a grant program to provide funding to State wildlife agencies and Indian tribes to address wildlife disease emergencies. SEC. 4. WILDLIFE DISEASE EMERGENCY FUND. (a) Establishment.--There is established in the Treasury of the United States a separate account, which shall be known as the ``Wildlife Disease Emergency Fund'' and shall consist of-- (1) such amounts as are appropriated to the Secretary for activities to address wildlife disease emergencies authorized by this Act; and (2) any amounts received by the Secretary as donations, gifts, or contributions identified for use to address wildlife disease emergencies. (b) Expenditures From Fund.--Subject to the availability of appropriations, amounts in the fund shall be available to the Secretary for use in carrying out activities authorized by this Act. SEC. 5. WILDLIFE DISEASE COMMITTEE. (a) Establishment.--The Secretary may establish a Wildlife Disease Committee. The purpose of the Committee shall be to assist the Secretary in increasing the level of preparedness of the United States to address emerging wildlife diseases. (b) Purpose.--The Committee shall-- (1) advise the Secretary on risk assessment, preparation, monitoring, research, and response to wildlife diseases that may significantly impact the health and sustainability of wildlife populations; and (2) draft reports, recommendations, plans, or other documents toward accomplishment of these purposes as appropriate. (c) Membership.--Members of the Committee-- (1) shall be appointed by the Secretary from among individuals who are qualified by education, training, and experience; and (2) shall include-- (A) individuals employed by Federal and State agencies and tribal entities who have expertise in wildlife health, biology, ecology, wildlife conservation, and natural resource management; and (B) representatives of public and private organizations who have such expertise. (d) Committee Chair.--The Committee shall be chaired by the Secretary or a designee of the Secretary. (e) Staffing and Assistance.--The Secretary shall make available to the Committee any staff, information, administrative services, or assistance the Secretary determines is reasonably required to enable the Committee to carry out its functions. (f) Renewal.--Notwithstanding the Federal Advisory Committee Act (5 U.S.C. 5 et al.), the Secretary may renew the Committee beyond the date it would otherwise terminate under that Act. SEC. 6. RAPID RESPONSE TEAMS. The Secretary, in consultation with the Committee as appropriate, may convene rapid response teams to address any particular wildlife disease emergency. SEC. 7. SAVINGS CLAUSE. Nothing in this Act shall be construed to-- (1) limit the Secretary's authority to respond to wildlife disease events that are not declared wildlife disease emergencies under this Act; or (2) limit, repeal, supersede, or modify any provision of Federal, State, local, or tribal laws and regulations. SEC. 8. DEFINITIONS. In this Act: (1) Disease.--The term ``disease'' means an infectious or noninfectious, pathological condition occurring in a susceptible population of wildlife, and that is not zoonotic. (2) Fund.--The term ``fund'' means the Wildlife Disease Emergency Fund as established by section 4. (3) Indian tribe.--The term ``Indian tribe'' has the meaning given that term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means any State, the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands. (6) United states.--The term ``United States'' includes the States and the territories and possessions of the United States. (7) Wildlife.--The term ``wildlife'' means any species native to the United States including nondomesticated mammals, fish, birds, amphibians, reptiles, mollusks, and arthropods. (8) Wildlife disease emergency.--The term ``wildlife disease emergency'' means a disease that is-- (A) infectious and caused by a newly discovered pathogen or a known infectious disease that is expanding its geographic range, species impacted, or other recognized impacts; (B) posing significant threats to the sustainability of a wildlife species; (C) spreading rapidly; or (D) posing a significant threat to the health of a functioning ecosystem in a priority landscape identified as part of the National Fish and Wildlife Climate Change Adaptation Plan or another Federal, State, local, or tribal law, regulation, or conservation plan.

Wildlife Disease Emergency Act of 2010 - Directs the Secretary of the Interior to: (1) declare a wildlife disease emergency in one or more states for a disease that is occurring either within the United States or outside the United States with the potential to enter the United States, (2) lead a coordinated response to the emergency, and (3) implement a grant program to provide funding to state wildlife agencies and Indian tribes to address such emergencies. Directs the Secretary, in making such a declaration, to consider: (1) the level of threat the disease poses to affected wildlife populations; (2) the sufficiency of resources available in the Wildlife Disease Emergency Fund; (3) the ability of the Department of the Interior and other federal, state, and local agencies, tribal governments, and other stakeholders to address and coordinate a response to the disease through other authorities; and (4) any state governor's request for such a declaration. Establishes in the Treasury a Wildlife Disease Emergency Fund, which shall be available to the Secretary for activities authorized by this Act. Directs the Secretary to establish a Wildlife Disease Committee to assist the Secretary in increasing the level of preparedness of the United States to address emerging wildlife diseases. Authorizes the Secretary to convene rapid response teams to address a wildlife disease emergency.

To authorize the Secretary of the Interior to identify and declare wildlife disease emergencies and to coordinate rapid response to these emergencies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Country of Origin Labeling Amendment Act of 2003''. SEC. 2. REVISED COUNTRY OF ORIGIN LABELING REQUIREMENTS. The Agricultural Marketing Act of 1946 is amended by striking subtitle D (7 U.S.C. 1638 et seq.) and inserting the following new subtitle: ``Subtitle D--Country of Origin Labeling ``SEC. 281. DEFINITIONS. ``In this subtitle: ``(1) Beef.--The term `beef' means meat produced from cattle (including veal). ``(2) Covered commodity.-- ``(A) In general.--The term `covered commodity' means-- ``(i) muscle cuts of beef, lamb, and pork; ``(ii) ground beef, ground lamb, and ground pork; ``(iii) farm-raised fish; ``(iv) wild fish; ``(v) a perishable agricultural commodity; and ``(vi) peanuts. ``(B) Exclusions.--The term `covered commodity' does not include an item described in subparagraph (A) if the item is an ingredient in a processed food item. ``(3) Farm-raised fish.--The term `farm-raised fish' includes-- ``(A) farm-raised shellfish; and ``(B) fillets, steaks, nuggets, and any other flesh from a farm-raised fish or shellfish. ``(4) Food service establishment.--The term `food service establishment' means a restaurant, cafeteria, lunch room, food stand, saloon, tavern, bar, lounge, or other similar facility operated as an enterprise engaged in the business of selling food to the public. The term may include a retailer, but only to the extent that the retailer provides a salad bar or prepared-food bar containing ready-to-eat food that the consumer packages for purchase. ``(5) Lamb.--The term `lamb' means meat, other than mutton, produced from sheep. ``(6) Perishable agricultural commodity; retailer.--The terms `perishable agricultural commodity' and `retailer' have the meanings given the terms in section 1(b) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(b)). ``(7) Pork.--The term `pork' means meat produced from hogs. ``(8) Secretary.--The term `Secretary' means the Secretary of Agriculture, acting through the Agricultural Marketing Service. ``(9) Wild fish.-- ``(A) In general.--The term `wild fish' means naturally born or hatchery-raised fish harvested in the wild and shellfish harvested in the wild. ``(B) Inclusions.--The term `wild fish' includes a fillet, steak, nugget, and any other flesh from wild fish or shellfish. ``(C) Exclusions.--The term `wild fish' excludes netpen aquacultural or other farm-raised fish. ``SEC. 282. NOTICE OF COUNTRY OF ORIGIN. ``(a) Notice of Country of Origin Required.--Except as provided in subsection (c), a retailer of a covered commodity shall inform consumers, at the final point of sale of the covered commodity to consumers, of the country of origin of the covered commodity. ``(b) United States Country of Origin.--A retailer of a covered commodity may designate the covered commodity as having a United States country of origin only if the covered commodity-- ``(1) in the case of beef, is exclusively from an animal that is exclusively born, raised, and slaughtered in the United States (including from an animal exclusively born and raised in Alaska or Hawaii and transported for a period not to exceed 60 days through Canada to the United States and slaughtered in the United States); ``(2) in the case of lamb and pork, is exclusively from an animal that is exclusively born, raised, and slaughtered in the United States; ``(3) in the case of farm-raised fish, is hatched, raised, harvested, and processed in the United States; ``(4) in the case of wild fish-- ``(A) is harvested in the United States or a territory of the United States, if the wild fish is harvested in a river, stream, or lake; or ``(B) is harvested by a vessel that is documented under chapter 121 of title 46, United States Code, or registered in the United States, if the wild fish is harvested at sea; and ``(5) in the case of a perishable agricultural commodity or peanuts, is exclusively produced in the United States. ``(6) Wild fish and farm-raised fish.--The notice of country of origin for wild fish and farm-raised fish shall distinguish between wild fish and farm-raised fish. ``(c) Exemption for Food Service Establishments.--Subsection (a) shall not apply to a covered commodity if the covered commodity is-- ``(1) prepared or served in a food service establishment; and ``(2)(A) offered for sale or sold at the food service establishment in normal retail quantities; or ``(B) served to consumers at the food service establishment. ``(d) Method of Notification.-- ``(1) In general.--The information required by subsection (a) may be provided to consumers by means of a label, stamp, mark, placard, or other clear and visible sign on the covered commodity or on the package, display, holding unit, or bin containing the commodity at the final point of sale to consumers. ``(2) Labeled commodities.--If the covered commodity is already individually or otherwise labeled for retail sale regarding country of origin, the retailer shall not be required to provide any additional information to comply with this section. ``(e) Use of Existing Records to Verify Compliance.--The Secretary shall use existing records, such as inventory and tax records, to verify that any person that prepares, stores, handles, or distributes a covered commodity for retail sale complies with this subtitle, including the regulations promulgated under section 284(b). Such records may be maintained at the point of sale or at a centralized distribution center. ``(f) Information on Country of Origin.--Any person engaged in the business of supplying a covered commodity to a retailer shall provide information to the retailer indicating the country of origin of the covered commodity. ``(g) Certification of Origin.-- ``(1) Certification program.--The Secretary shall carry out a program that provides for the self-certification by producers of the country of origin of covered commodities. In establishing the program, the Secretary shall use as a model the procedures contained in part 589.2000 of title 21, Code of Federal Regulations, regarding animal proteins prohibited in ruminant feed. ``(2) Third party audits.--Except as provided in paragraph (3), the Secretary shall prohibit any third party audit or verification of producer compliance with country of origin labeling. ``(3) Verification.--To verify producer compliance with country of origin requirements under the certification program, the Secretary shall use Department of Agriculture records of imports and existing producer records, such as tax records, sale receipts, brand records, feed bills, birth records, receiving records, breeding stock records, health records, or animal inventory records. ``(h) Producer Protection.--A retailer or other person subject to this section may not require, as a condition of the purchase of beef, lamb, or pork or of live cattle, hogs, or sheep from a producer or packer, that the producer or packer-- ``(1) indemnify the retailer or other person from any liability arising from a violation of this section; or ``(2) produce records or other documentation to verify the country of origin of the beef, lamb, or pork or of the live cattle, hogs, or sheep. ``SEC. 283. ENFORCEMENT. ``(a) In General.--Except as provided in subsections (b) and (c), section 253 shall apply to a violation of this subtitle in addition to violations of subtitle B. ``(b) Warnings.--If the Secretary determines that a retailer is in violation of section 282, the Secretary shall-- ``(1) notify the retailer of the determination of the Secretary; and ``(2) provide the retailer a 30-day period, beginning on the date on which the retailer receives the notice under paragraph (1) from the Secretary, during which the retailer may take necessary steps to comply with section 282. ``(c) Civil Penalty.--If, on completion of the 30-day period described in subsection (b)(2), the Secretary determines that the retailer has willfully violated section 282, after providing notice and an opportunity for a hearing before the Secretary with respect to the violation, the Secretary may assess a civil penalty against the retailer in an amount of $100 for the first day of the violation. The civil penalty amount shall double for each subsequent day that the retailer is in noncompliance for the same violation, except that the total amount of the civil penalty assessed for a single violation may not exceed $5,000. ``(d) Adulteration and Misbranding.--The Secretary may not treat a covered commodity as either adulterated or misbranded under the Federal Meat Inspection Act (7 U.S.C. 601 et seq.) or any other provision of law by reason of the failure of the covered commodity to comply with the country of origin requirements of section 282. ``SEC. 284. REGULATIONS. ``(a) Regulations.--Not later than September 30, 2004, the Secretary shall promulgate such regulations as are necessary to implement this subtitle. ``(b) Partnerships With States.--In promulgating the regulations, the Secretary shall, to the maximum extent practicable, enter into partnerships with States with enforcement infrastructure to assist in the administration of this subtitle. ``SEC. 285. APPLICABILITY. ``This subtitle shall apply to the retail sale of a covered commodity beginning September 30, 2004.''.

Country of Origin Labeling Amendment Act of 2003 - Amends the Agricultural Marketing Act of 1946 to revise country of origin labeling provisions, including: (1) specifying the model certification of origin program; (2) specifying producer protections; (3) reducing maximum retailer fines; (4) prohibiting treatment of country of origin violations as adulteration or misbranding; and (5) extending the implementing guideline deadline.

To amend the country-of origin labeling requirements of the Agricultural Marketing Act of 1946 to specify the model upon which the certification program for producers shall be based, to facilitate verification of compliance with the requirements, to impose a schedule of penalties for violation of the requirements, and for other purposes.

SECTION 1. CREDIT FOR TAXPAYERS WITH LONG-TERM CARE NEEDS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25C the following new section: ``SEC. 25C. CREDIT FOR TAXPAYERS WITH LONG-TERM CARE NEEDS. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to $1,200 multiplied by the number of applicable individuals with respect to whom the taxpayer is an eligible caregiver for the taxable year. ``(b) Definitions.--For purposes of this section-- ``(1) Applicable individual.-- ``(A) In general.--The term `applicable individual' means, with respect to any taxable year, any individual who has been certified, before the due date for filing the return of tax for the taxable year (without extensions), by a physician (as defined in section 1861(r)(1) of the Social Security Act) as being an individual with long-term care needs described in subparagraph (B) for a period-- ``(i) which is at least 180 consecutive days, and ``(ii) a portion of which occurs within the taxable year. Such term shall not include any individual otherwise meeting the requirements of the preceding sentence unless within the 39\1/2\ month period ending on such due date (or such other period as the Secretary prescribes) a physician (as so defined) has certified that such individual meets such requirements. ``(B) Individuals with long-term care needs.--An individual is described in this subparagraph if the individual is at least 6 years of age and-- ``(I) is unable to perform (without substantial assistance from another individual) at least 3 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, or ``(II) requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform, without reminding or cuing assistance, at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities. ``(2) Eligible caregiver.-- ``(A) In general.--A taxpayer shall be treated as an eligible caregiver for any taxable year with respect to the following individuals: ``(i) The taxpayer. ``(ii) The taxpayer's spouse. ``(iii) A brother or sister of the taxpayer. ``(iv) The mother or father of the taxpayer. ``(B) Special rules where more than 1 eligible caregiver.-- ``(i) In general.--If more than 1 individual is an eligible caregiver with respect to the same applicable individual for taxable years ending with or within the same calendar year, a taxpayer shall be treated as the eligible caregiver if each such individual (other than the taxpayer) files a written declaration (in such form and manner as the Secretary may prescribe) that such individual will not claim such applicable individual for the credit under this section. ``(ii) No agreement.--If each individual required under clause (i) to file a written declaration under clause (i) does not do so, the individual with the highest modified adjusted gross income (as defined in section 32(c)(5)) shall be treated as the eligible caregiver. ``(iii) Married individuals filing separately.--In the case of married individuals filing separately, the determination under this subparagraph as to whether the husband or wife is the eligible caregiver shall be made under the rules of clause (ii) (whether or not one of them has filed a written declaration under clause (i)). ``(c) Identification Requirement.--No credit shall be allowed under this section to a taxpayer with respect to any applicable individual unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the physician certifying such individual, on the return of tax for the taxable year. ``(d) Taxable Year Must Be Full Taxable Year.--Except in the case of a taxable year closed by reason of the death of the taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months.''. (b) Conforming Amendments.-- (1) Section 6213(g)(2) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (L), by striking the period at the end of subparagraph (M) and inserting ``, and'', and by inserting after subparagraph (M) the following new subparagraph: ``(N) an omission of a correct TIN or physician identification required under section 25C(c) (relating to credit for taxpayers with long-term care needs) to be included on a return.''. (2) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25B the following new item: ``Sec. 25C. Credit for taxpayers with long-term care needs.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Amends the Internal Revenue Code to allow a tax credit for caregivers of individuals with long-term care needs in an amount equal to $1,200 for each such individual with respect to whom the taxpayer is an eligible caregiver for the taxable year.

To amend the Internal Revenue Code of 1986 to provide a credit against income tax for caregivers of individuals with long-term care needs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cell Phone Theft Prevention Act of 2012''. SEC. 2. STOLEN MOBILE ELECTRONIC DEVICES. (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 343. STOLEN MOBILE ELECTRONIC DEVICES. ``(a) Prohibition on Provision of Service.-- ``(1) In general.--A provider of commercial mobile service or commercial mobile data service may not provide service on a mobile electronic device that has been reported to such provider as stolen-- ``(A) by the person who holds the account with respect to such service, if such person submits to such provider a copy of a report made to a law enforcement agency regarding the theft; or ``(B) by another provider of commercial mobile service or commercial mobile data service, in accordance with paragraph (2). ``(2) Reporting by service providers.--A provider of commercial mobile service or commercial mobile data service to which a mobile electronic device is reported stolen as described in paragraph (1)(A) shall inform all other providers of such service-- ``(A) that such device has been reported stolen; and ``(B) of any information necessary for the identification of such device. ``(b) Remote Deletion of Data.--A provider of commercial mobile service or commercial mobile data service on a mobile electronic device shall make available to the person who holds the account with respect to such service the capability of deleting from such device, from a remote location, all information that was placed on such device after its manufacture. ``(c) Device Standards.--A person may not manufacture in the United States or import into the United States for sale or resale to the public a mobile electronic device unless such device is-- ``(1) equipped with a unique identifier (such as a Mobile Equipment Identifier) that allows a provider of commercial mobile service or commercial mobile data service to identify such device for purposes of complying with subsections (a) and (b); and ``(2) configured in such a manner that the provider of commercial mobile service or commercial mobile data service on the device is able to make available the remote deletion capability required by subsection (b). ``(d) Definitions.--In this section: ``(1) Commercial mobile data service.--The term `commercial mobile data service' has the meaning given such term in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (Public Law 112-96). ``(2) Commercial mobile service.--The term `commercial mobile service' has the meaning given such term in section 332. ``(3) Mobile electronic device.--The term `mobile electronic device' means a personal electronic device on which commercial mobile service or commercial mobile data service is provided, except that such term does not include a device-- ``(A) for which the consumer purchases service by paying in advance for a specified amount of calling or data usage; or ``(B) with respect to which the consumer does not have a direct relationship with the provider of commercial mobile service or commercial mobile data service.''. (b) Report to FCC.--Not later than 1 year after the date of the enactment of this Act, each provider of commercial mobile service or commercial mobile data service that provides such service on a mobile electronic device shall submit to the Federal Communications Commission a report on-- (1) the efforts such provider is making in order to be prepared to comply, not later than the effective date described in subsection (c)(1), with the requirements of subsections (a) and (b) of section 343 of the Communications Act of 1934, as added by subsection (a) of this section; and (2) the progress of such provider toward being prepared to comply with such requirements by such date. (c) Effective Date.-- (1) In general.--Such section 343 shall take effect on the date that is 2 years after the date of the enactment of this Act. (2) Devices previously manufactured or imported.--In the case of a mobile electronic device that was manufactured in the United States (or imported into the United States, if such device was manufactured outside the United States) before the date that is 2 years after the date of the enactment of this Act, a provider of commercial mobile service or commercial mobile data service shall only be required to comply with subsections (a) and (b) of such section to the extent technologically feasible. (d) Definitions.--In this section, a term that is defined in such section 343 shall have the meaning given such term in such section.

Cell Phone Theft Prevention Act of 2012 - Amends the Communications Act of 1934 to prohibit a provider of commercial mobile or commercial mobile data service from providing service on a mobile electronic device reported to such provider as stolen by: (1) the person who holds the service account, if such person submits a copy of a report made to a law enforcement agency regarding the theft; or (2) another provider of commercial mobile or commercial mobile data service required by this Act to inform all other providers of a device reported stolen and of any information necessary for identification of the device. Defines "mobile electronic device" as a personal electronic device on which commercial mobile or commercial mobile data service is provided, excluding devices: (1) for which the consumer purchases service by paying in advance for a specified amount of calling or data usage, or (2) with respect to which the consumer does not have a direct relationship with the provider. Directs providers to make available to account holders the capability of deleting, from a remote location, all information that was placed on such a device after its manufacture. Prohibits a person from manufacturing in or importing into the United States for sale or resale to the public a mobile electronic device unless it is: (1) equipped with a unique identifier that allows a provider to identify such device, and (2) configured to enable a provider to make available the remote deletion capability required by this Act.

To amend the Communications Act of 1934 to prohibit mobile service providers from providing service on mobile electronic devices that have been reported stolen and to require such providers to give consumers the ability to remotely delete data from mobile electronic devices, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring Investor Confidence Act of 2002''. SEC. 2. 55-PERCENT CAPITAL GAINS DEDUCTION FOR TAXPAYERS OTHER THAN CORPORATIONS. (a) In General.--Section 1202 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 1202. CAPITAL GAINS DEDUCTION. ``(a) General Rule.--If for any taxable year a taxpayer other than a corporation has a net capital gain, 55 percent of such gain shall be a deduction from gross income. ``(b) Estates and Trusts.--In the case of an estate or trust, the deduction shall be computed by excluding the portion (if any) of the gains for the taxable year from sales or exchanges of capital assets which, under sections 652 and 662 (relating to inclusions of amounts in gross income of beneficiaries of trusts), is includible by the income beneficiaries as gain derived from the sale or exchange of capital assets. ``(c) Coordination With Treatment of Capital Gain Under Limitation on Investment Interest.--For purposes of this section, the net capital gain for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer takes into account as investment income under section 163(d)(4)(B)(iii). ``(d) Transitional Rule.-- ``(1) In general.--In the case of a taxable year which includes January 1 of the year following the date of enactment of this section-- ``(A) the amount taken into account as the net capital gain under subsection (a) shall not exceed the net capital gain determined by only taking into account gains and losses properly taken into account for the portion of the taxable year on or after such January 1, and ``(B) the amount of the net capital gain taken into account in applying section 1(h) for such year shall be reduced by the amount taken into account under subparagraph (A) for such year. ``(2) Special rules for pass-thru entities.-- ``(A) In general.--In applying paragraph (1) with respect to any pass-thru entity, the determination of when gains and losses are properly taken into account shall be made at the entity level. ``(B) Pass-thru entity defined.--For purposes of subparagraph (A), the term `pass-thru entity' means-- ``(i) a regulated investment company, ``(ii) a real estate investment trust, ``(iii) an S corporation, ``(iv) a partnership, ``(v) an estate or trust, and ``(vi) a common trust fund.''. (b) Deduction Allowable in Computing Adjusted Gross Income.-- Section 62(a) of such Code (defining adjusted gross income) is amended by inserting after paragraph (17) the following new paragraph: ``(18) Long-term capital gains.--The deduction allowed by section 1202.''. (c) Conforming Amendments.-- (1) Section 1 of such Code is amended by striking subsection (h). (2) Section 170(e)(1) of such Code is amended by striking ``the amount of gain'' in the material following subparagraph (B)(ii) and inserting ``45 percent (50 percent in the case of a corporation) of the amount of gain''. (3) Section 172(d)(2)(B) of such Code is amended to read as follows: ``(B) the deduction under section 1202 shall not be allowed.''. (4) The last sentence of section 453A(c)(3) of such Code is amended by striking all that follows ``long-term capital gain,'' and inserting ``the maximum rate on net capital gain under section 1201 or the deduction under section 1202 (whichever is appropriate) shall be taken into account.''. (5) Section 642(c)(4) of such Code is amended to read as follows: ``(4) Adjustments.--To the extent that the amount otherwise allowable as a deduction under this subsection consists of gain from the sale or exchange of capital assets held for more than 1 year, proper adjustment shall be made for any deduction allowable to the estate or trust under section 1202 (relating to capital gains deduction). In the case of a trust, the deduction allowed by this subsection shall be subject to section 681 (relating to unrelated business income).''. (6) The last sentence of section 643(a)(3) of such Code is amended to read as follows: ``The deduction under section 1202 (relating to capital gains deduction) shall not be taken into account.''. (7) Section 643(a)(6)(C) of such Code is amended by inserting ``(i)'' before ``there shall'' and by inserting before the period ``, and (ii) the deduction under section 1202 (relating to capital gains deduction) shall not be taken into account''. (8)(A) Section 904(b)(2) of such Code is amended by striking subparagraph (A), by redesignating subparagraph (B) as subparagraph (A), and by inserting after subparagraph (A) (as so redesignated) the following: ``(B) Other taxpayers.--In the case of a taxpayer other than a corporation, taxable income from sources outside the United States shall include gain from the sale or exchange of capital assets only to the extent of foreign source capital gain net income.''. (B) Section 904(b)(2)(A) of such Code, as so redesignated, is amended-- (i) by striking all that precedes clause (i) and inserting the following: ``(A) Corporations.--In the case of a corporation-- '', and (ii) in clause (i), by striking ``in lieu of applying subparagraph (A),''. (C) Section 904(b)(3) of such Code is amended by striking subparagraphs (D) and (E) and inserting the following: ``(D) Rate differential portion.--The rate differential portion of foreign source net capital gain, net capital gain, or the excess of net capital gain from sources within the United States over net capital gain, as the case may be, is the same proportion of such amount as the excess of the highest rate of tax specified in section 11(b) over the alternative rate of tax under section 1201(a) bears to the highest rate of tax specified in section 11(b).''. (D) Section 593(b)(2)(D)(v) of such Code is amended-- (i) by striking ``if there is a capital gain rate differential (as defined in section 904(b)(3)(D)) for the taxable year,'', and (ii) by striking ``section 904(b)(3)(E)'' and inserting ``section 904(b)(3)(D)''. (9) Section 1044(d) of such Code is amended by striking the last sentence. (10)(A) Section 1211(b)(2) of such Code is amended to read as follows: ``(2) the sum of-- ``(A) the excess of the net short-term capital loss over the net long-term capital gain, and ``(B) one-half of the excess of the net long-term capital loss over the net short-term capital gain.''. (B) So much of section 1212(b)(2) of such Code as precedes subparagraph (B) thereof is amended to read as follows: ``(2) Special rules.-- ``(A) Adjustments.-- ``(i) For purposes of determining the excess referred to in paragraph (1)(A), there shall be treated as short-term capital gain in the taxable year an amount equal to the lesser of-- ``(I) the amount allowed for the taxable year under paragraph (1) or (2) of section 1211(b), or ``(II) the adjusted taxable income for such taxable year. ``(ii) For purposes of determining the excess referred to in paragraph (1)(B), there shall be treated as short-term capital gain in the taxable year an amount equal to the sum of-- ``(I) the amount allowed for the taxable year under paragraph (1) or (2) of section 1211(b) or the adjusted taxable income for such taxable year, whichever is the least, plus ``(II) the excess of the amount described in subclause (I) over the net short-term capital loss (determined) without regard to this subsection) for such year.''. (C) Section 1212(b) of such Code is amended by adding at the end of the following: ``(3) Transitional rule.--In the case of any amount which, under this subsection and section 1211(b) (as in effect for taxable year beginning before January 1, 2003), is treated as a capital loss in the first taxable year beginning after December 31, 2002, paragraph (2) and section 1211(b) (as so in effect) shall apply (and paragraph (2) and section 1211(b) as in effect for taxable years beginning after December 31, 2002, shall not apply) to the extent such amount exceeds the total of any capital gain net income (determined without regard to this subsection) for taxable years beginning after December 31, 2002.''. (11) Section 1402(i)(1) of such Code is amended by inserting``, and the deduction provided by section 1202 shall not apply'' before the period at the end thereof. (12) Section 1445(e) of such Code is amended-- (A) in paragraph (1), by striking ``35 percent (or, to the extent provided in regulations, 20 percent)'' and inserting ``17.5 percent (or, to the extent provided in regulation, 15.6 percent)'', and (B) in paragraph (2), by striking ``35 percent'' and inserting ``17.5 percent''. (13)(A) The second sentence of section 7518(g)(6)(A) of such Code is amended-- (i) by striking ``during a taxable year to which section 1(h) or 1201(a) applies'', and (ii) by striking ``20 percent (34 percent'' and inserting ``10 percent (15.3 percent''. (B) The second sentence of section 607(h)(6)(A) of the Merchant Marine Act, 1936 is amended-- (i) by striking ``during a taxable year to which section 1(h) or 1201(a) of such Code applies'', and (ii) by striking ``20 percent (34 percent'' and inserting ``10 percent (15.3 percent''. (14) The item relating to section 1202 in the table of sections for part I of subchapter P of chapter 1 of such Code is amended to read as follows: ``Sec. 1202. Capital gains deduction.''. (d) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments, made by this section apply to taxable years ending after December 31 of the year which includes the date of enactment of this Act. (2) Repeal of section 1(h).--The amendment made by subsection (c)(1) applies to taxable years beginning on or after January 1 of the year following the date of enactment of this Act. (3) Contributions.--The amendment made by subsection (c)(2) applies to contributions on or after January 1 of the year following the date of enactment of this Act. (4) Use of long-term losses.--The amendments made by subsection (c)(10) apply to taxable years beginning on or after January 1 of the second year following the date of enactment of this Act. (5) Withholding.--The amendments made by subsection (c)(12) apply only to amounts paid on or after January 1 of the year following the date of enactment of this Act. SEC. 3. 55-PERCENT EXCLUSION OF 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. 55-PERCENT EXCLUSION OF DIVIDENDS RECEIVED BY INDIVIDUALS. ``(a) Exclusion From Gross Income.--Gross income does not include 55 percent of the amounts received during the taxable year by an individual as dividends from domestic corporations. ``(b) Certain Dividends Excluded.--Subsection (a) 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) Exclusion not to apply to capital gain dividends from regulated investment companies and real estate investment trusts.-- ``For treatment of capital gain dividends, see sections 854(a) and 857(c). ``(2) 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 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). ``(3) Dividends from employee stock ownership plans.-- Subsection (a) shall not apply to any dividend described in section 404(k).'' (b) Conforming Amendments.-- (1)(A) Subparagraph (A) of section 135(c)(4) of such Code is amended by inserting ``116,'' before ``137''. (B) Subsection (d) of section 135 of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Coordination with section 116.--This section shall be applied before section 116.'' (2) Subsection (c) of section 584 of such Code is amended by adding at the end thereof the following new flush sentence: ``The proportionate share of each participant in the amount of dividends 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.'' (3) Subsection (a) of section 643 of such Code is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) Dividends.--There shall be included the amount of any dividends excluded from gross income pursuant to section 116.'' (4) Section 854(a) of such Code is amended by inserting ``section 116 (relating to partial exclusion of dividends received by individuals) and'' after ``For purposes of''. (5) Section 857(c) of such Code is amended to read as follows: ``(c) Restrictions Applicable to Dividends Received From Real Estate Investment Trusts.-- ``(1) Treatment for section 116.--For purposes of section 116 (relating to partial exclusion of dividends received by individuals), 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 shall not be considered as a dividend. ``(2) Treatment for section 243.--For purposes of 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.'' (6) 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. 55-percent exclusion of dividends received by individuals.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31 of the year which includes the date of enactment of this Act.

Restoring Investor Confidence Act of 2002 - Amends the Internal Revenue Code to revise rules concerning capital gain for taxpayers other than corporations to establish a new general rule which provides that if for any taxable year a taxpayer other than a corporation has a capital gain, 55 percent of such gain shall be a deduction from gross income.Excludes from individual gross income 55 percent of dividends received from a domestic corporation.

To amend the Internal Revenue Code of 1986 to simplify and reduce the capital gain rates for all taxpayers and to exclude from gross income 55 percent of the dividends received by individuals, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydroelectric Licensing Process Improvement Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) hydroelectric power is an irreplaceable source of clean, economic, renewable energy with the unique capability of supporting reliable electric service while maintaining environmental quality; (2) hydroelectric power is the leading renewable energy resource of the United States; (3) hydroelectric power projects provide multiple benefits to the United States, including recreation, irrigation, flood control, water supply, and fish and wildlife benefits; (4) in the next 15 years, the bulk of all non-Federal hydroelectric power capacity in the United States is due to be relicensed by the Federal Energy Regulatory Commission; and (5) the process of licensing hydroelectric projects by the Commission-- (A) has become inefficient, because Federal agencies that participate in the process are not required to submit their mandatory and recommended conditions to the license by a time certain; and (B) does not produce optimal decisions, because the agencies are not required to consider a broad range of factors in determining those conditions. SEC. 3. PURPOSE. The purpose of this Act is to improve the hydroelectric licensing process by-- (1) authorizing the Federal Energy Regulatory Commission to impose deadlines by which Federal agencies must submit proposed mandatory and recommended conditions to a license; (2) requiring the agencies to consider a broad range of factors in determining those conditions and to document the consideration of those factors; and (3) making other improvements to the licensing process. SEC. 4. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS TO LICENSES. (a) In General.--Part I of the Federal Power Act (16 U.S.C. 791a et seq.) is amended by adding at the end the following: ``SEC. 32. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS TO LICENSES. ``(a) Definitions.--In this section: ``(1) Condition.--The term `condition' means-- ``(A) a condition to a license for a project on a Federal reservation determined by a consulting agency for the purpose of the first proviso of section 4(e); and ``(B) a prescription relating to the construction, maintenance, or operation of a fishway determined by a consulting agency for the purpose of the first sentence of section 18. ``(2) Consulting agency.--The term `consulting agency' means-- ``(A) in relation to a condition described in paragraph (1)(A), the Federal agency with administrative jurisdiction over the reservation; and ``(B) in relation to a condition described in paragraph (1)(B), the Secretary of the Interior or the Secretary of Commerce, as appropriate. ``(b) Factors To Be Considered.-- ``(1) In general.--In determining a condition, a consulting agency shall take into consideration-- ``(A) the impacts of the condition on-- ``(i) economic and power values; ``(ii) electric generation capacity and system reliability; ``(iii) air quality; and ``(iv) drinking, flood control, irrigation, navigation, or recreation water supply; and ``(B) compatibility with other conditions to be included in the license, including mandatory conditions of other agencies, when available. ``(2) Documentation.-- ``(A) In general.--In the course of the consideration of factors under paragraph (1) and before any review under subsection (e), a consulting agency shall create written documentation detailing, among other pertinent matters, all proposals made, comments received, facts considered, and analyses made regarding each of those factors sufficient to demonstrate that each of the factors was given full consideration in determining the condition to be submitted to the Commission. ``(B) Submission to the commission.--A consulting agency shall include the documentation under subparagraph (A) in its submission of a condition to the Commission. ``(c) Scientific Review.-- ``(1) In general.--Each condition determined by a consulting agency shall be subjected to appropriately substantiated scientific review. ``(2) Data.--For the purpose of paragraph (1), a condition shall be considered to have been subjected to appropriately substantiated scientific review if the review-- ``(A) was based on current empirical data or field- tested data; and ``(B) was subjected to peer review. ``(d) Relationship to Impacts on Federal Reservation.--In the case of a condition for the purpose of the first proviso of section 4(e), each condition determined by a consulting agency shall be directly and reasonably related to the impacts of the project within the Federal reservation. ``(e) Administrative Review.-- ``(1) Opportunity for review.--Before submitting to the Commission a proposed condition, and before a license applicant files a license application with the Commission, a consulting agency shall provide a license applicant an opportunity to obtain expedited review before an administrative law judge or other independent reviewing body of-- ``(A) the reasonableness of the condition in light of the effect that implementation of the condition will have on the energy and economic values of a project; and ``(B) compliance by the consulting agency with the requirements of this section, including the requirement to consider the factors described in subsection (b)(1). ``(2) Completion of review.-- ``(A) In general.--A review under paragraph (1) shall be completed not more than 180 days after the license applicant notifies the consulting agency of the request for review. ``(B) Failure to make timely completion of review.--If a consulting agency does not provide a license applicant a timely opportunity to review a proposed condition, the Commission may treat a condition submitted by the consulting agency as a recommendation is treated under section 10(j). ``(3) Remand.--If the administrative law judge or reviewing body finds that a proposed condition is unreasonable or that the consulting agency failed to comply with any of the requirements of this section, the administrative law judge or reviewing body shall-- ``(A) render a decision that-- ``(i) explains the reasons for a finding that the condition is unreasonable and may make recommendations that the administrative law judge or reviewing body may have for the formulation of a condition that would not be found unreasonable; or ``(ii) explains the reasons for a finding that a requirement was not met and may describe any action that the consulting agency should take to meet the requirement; and ``(B) remand the matter to the consulting agency for further action. ``(4) Submission to the commission.--Following administrative review under this subsection, a consulting agency shall-- ``(A) take such action as the consulting agency determines to be appropriate to formulate a condition that is not unreasonable or to comply with the requirements of this section; and ``(B) include with its submission to the Commission of a proposed condition-- ``(i) the record on administrative review; and ``(ii) documentation of any action taken following administrative review. ``(f) Deadline for Submission of Conditions.-- ``(1) In general.--After an applicant files with the Commission an application for a license, the Commission may set a date by which a consulting agency shall file with the Commission a recommended or established condition. ``(2) Limitation.--Except as provided in paragraph (3), the date for submission shall be not greater than 1 year after the date on which the Commission gives the consulting agency notice that a license application is ready for environmental review. ``(3) Default.--If a consulting agency does not file a recommended or established condition to a license by the date set under paragraph (1)-- ``(A) the consulting agency shall not thereafter have authority to recommend or establish a condition to the license; and ``(B) the Commission may, but shall not be required to, recommend or establish an appropriate condition to the license that-- ``(i) furthers the interest sought to be protected by the provision of law that authorizes the consulting agency to propose or establish a condition to the license; and ``(ii) conforms to the requirements of this Act. ``(4) Extension.--The Commission may make 1 extension, of not more than 30 days, of a deadline set under paragraph (1). ``(g) Economic Analysis By the Commission.--The Commission shall conduct an economic analysis of each condition submitted by a consulting agency to determine whether the condition would render the project uneconomic. ``(h) Commission Determination on Effect of Conditions.--When requested by a license applicant in a request for rehearing, the Commission shall make a written determination on whether a condition submitted by a consulting agency is-- ``(1) in the public interest, as measured by the impact of the condition on the factors described in subsection (b)(1); ``(2) reasonable; ``(3) supported by substantial evidence; and ``(4) consistent with this Act and other terms and conditions to be included in the license.''. (b) Conforming and Technical Amendments.-- (1) Section 4.--Section 4(e) of the Federal Power Act (16 U.S.C. 797(e)) is amended in the first proviso of the first sentence by inserting after ``conditions'' the following: ``, determined in accordance with section 32,''. (2) Section 18.--Section 18 of the Federal Power Act (16 U.S.C. 811) is amended in the first sentence by striking ``prescribed by the Secretary of Commerce'' and inserting ``prescribed, in accordance with section 32, by the Secretary of the Interior or the Secretary of Commerce, as appropriate''. SEC. 5. COORDINATED ENVIRONMENTAL REVIEW PROCESS. Part I of the Federal Power Act (16 U.S.C. 791a et seq.) (as amended by section 3) is amended by adding at the end the following: ``SEC. 33. COORDINATED ENVIRONMENTAL REVIEW PROCESS. ``(a) Lead Agency Responsibility.--The Commission, as the lead agency for environmental reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for projects licensed under this part, shall conduct a single consolidated environmental review for each such project. ``(b) Deadlines.-- ``(1) In general.--The Commission shall set a deadline for the submission of comments by Federal, State, and local government agencies in connection with the preparation of any environmental impact statement or environmental assessment required for a project. ``(2) Considerations.--In setting a deadline under paragraph (1), the Commission shall take into consideration-- ``(A) the need of the license applicant for a prompt and reasonable decision; ``(B) the resources of interested Federal, State, and local government agencies; and ``(C) applicable statutory requirements.''. SEC. 6. STUDY OF SMALL HYDROELECTRIC PROJECTS. (a) In General.--Not later than 18 months after the date of enactment of this Act, the Federal Energy Regulatory Commission shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Commerce of the House of Representatives a study of the feasibility of establishing a separate licensing procedure for small hydroelectric projects. (b) Definition of Small Hydroelectric Project.--The Commission may by regulation define the term ``small hydroelectric project'' for the purpose of subsection (a), except that the term shall include at a minimum a hydroelectric project that has a generating capacity of 5 megawatts or less.

Hydroelectric Licensing Process Improvement Act of 1998 - Amends the Federal Power Act to prescribe factors which Federal agency participants in Federal Energy Regulatory Commission (FERC) hydroelectric license renewal process (consulting agencies) must consider and document when setting forth conditions for such renewals, including the economic impact of such conditions as well as air quality, flood control, irrigation, navigation, and recreation and drinking water supply. Requires that each condition be subjected to appropriately substantiated scientific peer review based on current empirical data or field-tested data. Requires such consulting agency to provide a license applicant opportunity to obtain expedited administrative review of its proposed conditions before filing a FERC application. Empowers the reviewing body to remand the matter to such agency if the reviewer finds the agency's proposed conditions do not comply with this Act. Sets a one-year deadline by which a consulting agency must file its proposed licensing conditions with FERC. Directs FERC to: (1) conduct an economic analysis of each condition submitted by a consulting agency to determine whether it would render the project uneconomic; (2) conduct a single consolidated environmental review for each licensed project pursuant to its status as lead agency for environmental reviews; and (3) set a deadline for the submission of comments by Federal, State, and local government agencies regarding any environmental impact or assessment required for a project. Instructs FERC to consider the need of license applicants for a prompt decision when setting such deadlines. Directs FERC to study and report to certain congressional committees on the feasibility of establishing a separate licensing procedure for small hydroelectric projects with a generating capacity of five megawatts or less.

Hydroelectric Licensing Process Improvement Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as ``Small Business Tax Modernization Act of 2004''. SEC. 2. UNIFIED PASS-THRU ENTITY REGIME. (a) Termination of S Corporation Status.-- (1) No new s corporation elections.--Subsection (a) of section 1362 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Termination of authority to make election.--No election may be made under paragraph (1) for any taxable year beginning after December 31, 2004.''. (2) Termination of status.--Subsection (d) of section 1362 of such Code (relating to termination) is amended by adding at the end the following new paragraph: ``(4) Treatment as partnership after 2014.--An election under subsection (a)-- ``(A) shall not be effective for any taxable year beginning after December 31, 2014, and ``(B) shall be treated as an election under section 7701(a)(2)(B) for taxable years beginning after such date.''. (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2004. (b) Election by Certain Corporations to Be Taxed as Partnership.-- (1) In general.--Paragraph (2) of section 7701(a) of such Code (defining partnership and partner) is amended to read as follows: ``(2) Partnership and partner.-- ``(A) In general.--The term `partnership' includes a syndicate, group, pool, joint venture, or other unincorporated organization, through or by means of which any business, financial operation, or venture is carried on, and which is not, within the meaning of this title, a trust or estate or a corporation; and the term `partner' includes a member in such a syndicate, group, pool, joint venture, or organization. ``(B) Election by corporation to be taxed as partnership.-- ``(i) In general.--An eligible corporation may elect to be treated as a partnership for purposes of this title. ``(ii) Tax treatment.--Except as provided in section 1379A-- ``(I) no gain or loss shall be recognized to the corporation or the shareholders by reason of an election under clause (i), and ``(II) except in the case of an election made by a S corporation after the end of the recognition period (as defined in section 1374(d)(7) without regard to subparagraph (B) thereof), section 1374 shall apply to the entity after such election. ``(iii) Eligible corporation.--For purposes of clause (i), the term `eligible corporation' means an entity-- ``(I) which, without regard to this subparagraph, is a domestic corporation no stock of which is readily tradable on an established securities market or otherwise, and ``(II) which is not an ineligible corporation (as defined by section 1361(b)(2)). ``(iv) Election and termination.--For purposes of this subparagraph, rules similar to the rules of section 1362 (other than subsections (a)(3), (d)(3) and (4), and (e) thereof) shall apply. ``(v) Distributions, etc.--Each partner shall include in gross income as a dividend, any amount that would have been so includible had the entity been an S corporation during the period the entity was treated as a partnership. Notwithstanding the preceding sentence, the provisions of subchapter K of chapter 1 shall apply to determine the basis of any property distributed and the basis of any interest in the partnership. ``(vi) Cross reference.--For tax treatment of S corporation electing unified pass-thru regime, see section 1379A.''. (2) Tax treatment of s corporation electing unified pass- thru regime.-- (A) In general.--Part IV of subchapter S of chapter 1 of such Code is amended by inserting after section 1379 the following new section: ``SEC. 1379A. TAX TREATMENT OF S CORPORATION ELECTING UNIFIED PASS-THRU REGIME. ``In the case of an election under section 7701(a)(2)(B) by an S corporation before January 1, 2015, with respect to the corporation-- ``(1) the shareholders shall be treated as if the assets were distributed, on the date of such election, to the shareholders in exchange for their stock, ``(2) any gain or loss recognized to the shareholders by reason of paragraph (1) shall be taken into account by the shareholders ratably over the taxable year in which the distribution is deemed to be made under paragraph (1) and the succeeding 4 taxable years, and ``(3) proper adjustments to the basis of interests in the entity shall be made.''. (B) Clerical amendment.--The table of sections for part IV of subchapter S of chapter 1 of such Code is amended by inserting after the item relating to section 1379 the following new item: ``Sec. 1379A. Tax treatment of S corporation electing unified pass-thru regime.''. (3) Modification to treatment of section 1374 tax for earnings and profits purposes.--Paragraph (2) of section 1366(f) of such Code is amended to read as follows: ``(2) Treatment of tax imposed on built-in gains.-- ``(A) In general.--The amount of the items of the net recognized built-in gain taken into account under section 1374(b)(1) (reduced by any deduction allowed under section 1374(b)(2)) shall not be taken into account under this section. ``(B) Earnings and profits.--The accumulated earnings and profits of the corporation shall be increased at the beginning of the taxable year by the amount not taken into account under this section by reason of subparagraph (A) (determined without regard to section 1374(b)(2)) reduced by the tax imposed by section 1374 (net of credits allowed).''. (4) Effect of election on recognition period for purposes of tax imposed on built-in gains.--Paragraph (7) of section 1374(d) of such Code is amended to read as follows: ``(7) Recognition period.-- ``(A) In general.--The term `recognition period' means the 10-year period beginning with the 1st day of the 1st taxable year for which the corporation was an S corporation. For purposes of applying this section to any amount includible in income by reason of section 593(e), the preceding sentence shall be applied without regard to the phrase `10-year'. ``(B) Special rule relating to election of corporation to be taxed as partnership.-- ``(i) In general.--In the case of an election under section 7701(a)(2)(B), subparagraph (A) shall be applied by substituting `25-year' for `10-year' both places it appears. ``(ii) Exception where 10-year period expired.--If, on the date of an election referred to in clause (i) by a corporation, the 10-year period specified in subparagraph (A) with respect to such corporation has expired, clause (i) shall not apply to such corporation.''. (5) Effective dates.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2004. (c) Step Transaction Doctrine not to Apply to Partnership Incorporation Followed by Corporate Reorganization.-- (1) In general.--Section 351 of such Code is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: ``(h) Special Rule for Partnerships Which Incorporate and Subsequently Reorganize.--The step transaction doctrine and any similar doctrine shall not apply for purposes of determining whether the control requirement of subsection (a) is met in any case in which-- ``(1) a partnership engaged in an active trade or business transfers substantially all of the property used in carrying on such trade or business to a corporation which is not publicly traded, and ``(2) such corporation subsequently enters into a reorganization under this chapter.''. (2) Effective date.--The amendment made by this subsection shall apply to transactions after December 31, 2004. SEC. 3. PARTNERSHIP INCOME ATTRIBUTABLE TO CAPITAL EXCLUDED FROM NET EARNINGS FROM SELF-EMPLOYMENT. (a) In General.--Paragraph (13) of section 1402(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(13) there shall be excluded the distributive share of net income of a partner attributable to capital;''. (b) Partnership Income Attributable to Capital.--Section 1402 of such Code is amended by adding at the end the following new subsection: ``(l) Partnership Income Attributable to Capital.-- ``(1) In general.--For purposes of subsection (a)(13), the following amounts shall be treated as income attributable to capital-- ``(A) the amount, if any, in excess of what would constitute reasonable compensation for services rendered by such partner to the partnership, and ``(B) an amount equal to a reasonable rate of return on unreturned capital of the partner determined as of the beginning of the taxable year. ``(2) Definitions.--For purposes of paragraph (1)-- ``(A) Unreturned capital.--The term `unreturned capital' means the excess of the aggregate amount of money and the fair market value as of the date of contribution of other consideration (net of liabilities) contributed by the partner over the aggregate amount of money and the fair market value as of the date of distribution of other consideration (net of liabilities) distributed by the partnership to the partner, increased or decreased for the partner's distributive share of all reportable items as determined in section 702. If the partner acquires a partnership interest and the partnership makes an election under section 754, the partner's unreturned capital shall take into account appropriate adjustments under section 743. ``(B) Reasonable rate of return.--A reasonable rate of return on unreturned capital shall equal 150 percent (or such higher rate as is established in regulations) of the highest applicable Federal rate, as determined under section 1274(d)(1), at the beginning of the partnership's taxable year. ``(3) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection.''. (c) Effective Date.--The amendments made by this section shall apply with respect to services performed in taxable years beginning after December 31, 2004.

Small Business Modernization Act of 2004 - Amends the Internal Revenue Code to: (1) terminate subchapter S corporation elections after 2004 and subchapter S status after 2014 and to allow privately-held domestic corporations, in lieu of electing subchapter S treatment, to elect to be treated as partnerships for tax purposes; (2) set forth rules for the tax treatment of former subchapter S corporations electing partnership status; and (3) exclude from net earnings from self-employment partnership income attributable to capital.

To amend the Internal Revenue Code of 1986 to provide for unified income taxation with respect to pass-thru entities.

SECTION 1. EXCLUSION FROM GROSS INCOME FOR DISTRIBUTIONS FROM CONTROLLED FOREIGN CORPORATIONS WHICH ARE INVESTED IN CERTAIN PROPERTY LOCATED IN THE UNITED STATES OR USED TO HIRE NEW EMPLOYEES IN THE UNITED STATES. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by redesignating section 137 as section 138 and by inserting after section 136 the following new section: ``SEC. 137. DISTRIBUTIONS FROM CONTROLLED FOREIGN CORPORATIONS WHICH ARE INVESTED IN CERTAIN UNITED STATES PROPERTY OR WHICH ARE USED TO HIRE NEW EMPLOYEES IN THE UNITED STATES. ``(a) Exclusion.--The gross income of a United States shareholder of a controlled foreign corporation shall not include the amount of any qualified distribution received during the taxable year by such shareholder from such corporation. ``(b) Reinvestment Requirements.-- ``(1) In general.--If, as of the close of the reinvestment period with respect to any distribution, the taxpayer fails to meet-- ``(A) the investment in property requirement of subsection (c), or ``(B) the job creation requirement of subsection (d), then the taxpayer's tax imposed by this chapter for the taxable year in which such reinvestment period ends shall be increased by an amount equal to the recapture amount with respect to such distribution. ``(2) Recapture amount.--For purposes of paragraph (1), the term `recapture amount' means an amount equal to the sum of-- ``(A) the shortfall percentage of the reduction in the taxpayer's liability for tax under this chapter which resulted from excluding such distribution from gross income under subsection (a), plus ``(B) the aggregate amount of interest (determined in the manner provided in subsection (e)(4)) on the amount determined under subparagraph (A). ``(3) Shortfall percentage.--For purposes of paragraph (2), the term `shortfall percentage' means the greater of-- ``(A) the investment in property shortfall percentage, or ``(B) the job creation shortfall percentage. ``(4) Investment in property shortfall percentage.--For purposes of paragraph (3), the term `investment in property shortfall percentage' means the percentage which-- ``(A) the excess (if any) of-- ``(i) an amount equal to 50 percent of the distribution involved, over ``(ii) the amount of qualified investment made during the reinvestment period which allocable to such distribution, bears to ``(B) the amount described in subparagraph (A)(i). ``(5) Job creation shortfall percentage.--For purposes of paragraph (3), the term `job creation shortfall percentage' means the percentage which-- ``(A) the excess (if any) of-- ``(i) an amount equal to 12.5 percent of the distribution involved, over ``(ii) the amount of new employee wages paid during the last taxable year of the reinvestment period allocable to such distribution, bears to ``(B) the amount described in subparagraph (A)(i). ``(c) Investment in Property Requirement.--For purposes of this section-- ``(1) Requirement.--A taxpayer meets the investment in property requirement of this subsection if the qualified investment of the taxpayer during the reinvestment period (to the extent not taken into account under this paragraph with respect to any prior distribution) is not less than 50 percent of the amount of the distribution. ``(2) Qualified investment.--The term `qualified investment' means the sum of-- ``(A) the aggregate bases of new qualified property placed in service by the taxpayer, and ``(B) the aggregate cost of used qualified property placed in service by the taxpayer. Rules similar to the rules of subsections (b) and (c) of section 48 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this paragraph. ``(3) Qualified property.--For purposes of paragraph (2), the term `qualified property' means-- ``(A) section 38 property (as defined by section 48(a) as in effect on the day before the date of the enactment of the Omnibus Budget Reconciliation Act of 1990), and ``(B) real property (not described in subparagraph (A)) used as an integral part of manufacturing facility (as defined in section 144(a)(12)(C)). The term `qualified property' shall not include any property if the taxpayer is the lessor of the property. ``(4) Recapture if property disposed of, etc.-- ``(A) In general.--If any qualified property is disposed of, or otherwise ceases to be qualified property with respect to the taxpayer, before the close of the recapture period, then the taxpayer's tax imposed by this chapter for the taxable year in which such disposition or cessation occurs shall be increased by the sum of-- ``(i) the recapture percentage of such property's share of the tax benefit under this section, plus ``(ii) the aggregate amount of interest (determined in the manner provided in subsection (e)(4)) on the amount determined under subparagraph (A). ``(B) Definitions.--For purposes of this paragraph-- ``(i) Recapture period.--The term `recapture period' means, with respect to any property, the period consisting of the first full year after the property is placed in service and-- ``(I) the 2 succeeding full years in the case of 3-year property (within the meaning of section 168), ``(II) the 4 succeeding full years in the case of section 38 property other than 3-year property, and ``(III) the 9 succeeding full years in the case of property referred to in paragraph (2)(B). ``(ii) Recapture percentage.--The term `recapture percentage' means the percentage determined under section 50(a)(1)(B); except that-- ``(I) in the case of 3-year property, the percentage set forth in clause (ii) of the table contained in paragraph (1)(B) shall be 66 percent, the percentage set forth in clause (iii) of such table shall be 33 percent, and clauses (iv) and (v) of such table shall not apply, and ``(II) in the case of property referred to in paragraph (2)(B), the percentage shall be 100 percent for the first full year of the recapture period and, for each full year thereafter, shall be 10 percentage points less than the recapture percentage for the prior year. ``(C) Property's share of tax benefit.--A property's share of the tax benefit under this section shall be-- ``(i) an amount which bears the same ratio to the reduction in the taxpayer's liability for tax under this chapter which resulted from excluding the distribution involved from gross income under subsection (a), as ``(ii) the unadjusted basis of such property bears to the aggregate unadjusted bases of all qualified property placed in service during the reinvestment period with respect to such distribution. ``(d) Job Creation Requirement.--For purposes of this section-- ``(1) Requirement.--A taxpayer meets the job creation requirement of this subsection if the new employee wages paid by the taxpayer during the last taxable year of the reinvestment period (to the extent not taken into account under this paragraph with respect to any prior distribution) is not less than 12.5 percent of the amount of the distribution. ``(2) New employee wages.--The term `new employee wages' means, with respect to any distribution, wages paid to employees-- ``(A) who are first hired after the date of such distribution, and ``(B) whose employment represents an increase in the aggregate number of employees of the taxpayer in the United States. ``(3) Wages.--The term `wages' has the same meaning as when used in section 51. ``(4) Increased employment must be maintained for 4 years.-- ``(A) In general.--If for any taxable year in the employment maintenance period (hereafter in this paragraph referred to as the `redetermination year') the new employee wages with respect to any distribution are less than the new employee wages for the last taxable year of the reinvestment period with respect to such distribution, the taxpayer's tax imposed by this chapter for the redetermination year shall be increased by an amount equal to the adjusted recapture amount with respect to such distribution. ``(B) Adjusted recapture amount.--For purposes of subparagraph (A), the term `adjusted recapture amount' means an amount equal to the sum of-- ``(A) the excess (if any) of-- ``(i) the job creation shortfall percentage of the reduction in the taxpayer's liability for tax under this chapter which resulted from excluding such distribution from gross income under subsection (a) (determined for the redetermination year), over ``(ii) the amount determined under subsection (b)(2)(A) (increased by any prior increase in tax under this paragraph with respect to such distribution), plus ``(B) the aggregate amount of interest (determined in the manner provided in subsection (e)(4)) on the excess determined under subparagraph (A). ``(C) Employment maintenance period.--For purposes of this paragraph, the term `employment maintenance period' means any period of 4 consecutive taxable years selected by the taxpayer so long as at least 1 of such taxable years is during the reinvestment period. ``(e) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified distribution.--The term `qualified distribution' means any distribution to the extent that the amount thereof reduces the amount includible in gross income under section 956A (relating to earnings invested in excess passive assets). ``(2) Reinvestment period.--The term `reinvestment period' means, with respect to any distribution received during a taxable year, such taxable year and the 4 succeeding taxable years. ``(3) United States shareholder; controlled foreign corporation.--The terms `United States shareholder' and `controlled foreign corporation' have the respective meanings given such terms by sections 951 and 957. ``(4) Rules relating to determination of interest.-- ``(A) In general.--The amount of interest referred to in subsections (b)(2), (c)(4), and (d)(3) for any taxable year shall be determined for the period-- ``(i) beginning on the due date for taxable year during which the distribution involved was made, and ``(ii) ending on the due date for the taxable year for which the increase in tax is being determined, by using the rates and method applicable under section 6621 for underpayment of tax for such period. ``(B) Due date.--For purposes of subparagraph (A), the term `due date' means the date prescribed by law (determined without regard to extensions) for filing the return of the tax imposed by this chapter for the taxable year. ``(C) Treatment of increase in tax attributable to interest as interest.--Any increase in tax imposed by this chapter for a taxable year by reason of this section to the extent attributable to an amount referred to in subsection (b)(2)(B), (c)(4)(A)(ii), or (d)(3)(B) shall be treated as interest paid under section 6601 on the due date for such taxable year. ``(5) Controlled Groups.--All taxpayers treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single taxpayer. ``(f) Basis Adjustment.-- ``(1) In general.--For purposes of this subtitle, the basis of any qualified property placed in service during any taxable year for which an amount was excluded from gross income under this section shall be reduced by an amount equal to such property's share of such exclusion (determined under subsection (c)(3)). ``(2) Certain dispositions.--If there is an increase in tax by reason of this section for any taxable year, proper adjustments shall be made under regulations prescribed by the Secretary with respect to any property the basis of which was reduced under paragraph (1).'' (b) Technical Amendment.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (24), by striking the period at the end of paragraph (25) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(26) to the extent provided in section 137(f).'' (c) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 137. Distributions from controlled foreign corporations which are invested in certain United States property or which are used to hire new employees in the United States. ``Sec. 138. Cross references to other Acts.'' (d) Effective Date.--The amendments made by this section shall apply to distributions received after the date of the enactment of this Act in taxable years ending after such date.

Amends the Internal Revenue Code to exclude from the gross income of shareholders of controlled foreign corporations the amount of any distribution received from such corporation, if the shareholder meets the requirements for reinvestment in U.S. property or the creation of domestic jobs.

To amend the Internal Revenue Code of 1986 to provide that distributions from a controlled foreign corporation to a United States shareholder shall be excluded from gross income if at least a portion of the distribution is invested in certain property located in the United States and in the employment of new employees in the United States.

SECTION 1. ALLOCATION OF NATIONAL LIMITATION ON QUALIFIED SCHOOL CONSTRUCTION BONDS; APPLICATION OF DAVIS-BACON ACT TO PROJECTS FINANCED WITH BONDS. (a) In General.--Title XII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8501 et seq.) is amended-- (1) by redesignating sections 12004 through 12013 as sections 12101 through 12110, respectively; (2) by inserting before section 12101 (as so redesignated) the following: ``PART A--GRANTS FOR IMPROVEMENT OF PUBLIC ELEMENTARY AND SECONDARY EDUCATION FACILITIES''; and (3) by adding at the end the following: ``PART B--QUALIFIED SCHOOL CONSTRUCTION BONDS ``SEC. 12201. ALLOCATION WITH RESPECT TO QUALIFIED SCHOOL CONSTRUCTION BONDS. ``(a) Qualified School Construction Bond.-- ``(1) In general.--For purposes of this part, the term `qualified school construction bond' means any bond issued as part of an issue if-- ``(A) a taxpayer who holds the bond is allowed a credit under the Internal Revenue Code of 1986; ``(B) 95 percent or more of the proceeds of such issue are to be used for the construction, rehabilitation, or repair of a public school facility; ``(C) the bond is issued by a State or local government within the jurisdiction of which such school is located; and ``(D) the issuer designates such bond for purposes of this section and the Internal Revenue Code of 1986. ``(2) Temporary period exception.--A bond shall not be treated as failing to meet the requirement of paragraph (1)(B) solely by reason of the fact that the proceeds of the issue of which such bond is a part are invested for a reasonable temporary period (but not more than 36 months) until such proceeds are needed for the purpose for which such issue was issued. Any earnings on such proceeds during such period shall be treated as proceeds of the issue for purposes of applying paragraph (1)(B). ``(b) National Limitation on Amount of Bonds Designated.--In any case in which there is imposed a national limitation on the maximum aggregate face amount of bonds issued during any calendar year which may be designated as qualified school construction bonds, such limitation shall be allocated in accordance with this section. ``(c) One-Third of Limitation Allocated Among States.-- ``(1) In general.--One-third of the limitation applicable under subsection (b) for any calendar year shall be allocated among the States under paragraph (2) by the Secretary. The limitation amount allocated to a State under the preceding sentence shall be allocated by the State educational agency to issuers within such State and such allocations may be made only if there is an approved State application. ``(2) Allocation formula.--The amount to be allocated under paragraph (1) for any calendar year shall be allocated among the States in proportion to the respective amounts each such State received for Basic Grants under subpart 2 of part A of title I of this Act for the most recent fiscal year ending before such calendar year. For purposes of the preceding sentence, Basic Grants attributable to large local educational agencies (as defined in subsection (d)), and Basic Grants attributable to high-growth local educational agencies (as defined in subsection (e)), shall be disregarded. ``(3) Minimum allocations to states.-- ``(A) In general.--The Secretary shall adjust the allocations under this subsection for any calendar year for each State to the extent necessary to ensure that the sum of-- ``(i) the amount allocated to such State under this subsection for such year; and ``(ii) the aggregate amounts allocated under subsections (d) and (e) to local educational agencies in such State for such year; is not less than an amount equal to such State's minimum percentage of one-third of the national qualified school construction bond limitation referred to in subsection (b) for the calendar year. ``(B) Minimum percentage.--A State's minimum percentage for any calendar year is the minimum percentage described in section 1124(d) for such State for the most recent fiscal year ending before such calendar year. ``(4) Allocations to certain possessions.--The amount to be allocated under paragraph (1) to any possession of the United States (as such term is used in the Internal Revenue Code of 1986) other than Puerto Rico shall be the amount which would have been allocated if all allocations under paragraph (1) were made on the basis of respective populations of individuals below the poverty line (as defined by the Office of Management and Budget). In making other allocations, the amount to be allocated under paragraph (1) shall be reduced by the aggregate amount allocated under this paragraph to possessions of the United States. ``(5) Approved state application.--For purposes of paragraph (1), the term `approved State application' means an application which is approved by the Secretary and which includes-- ``(A) the results of a recent publicly available survey (undertaken by the State with the involvement of local education officials, members of the public, and experts in school construction and management) of such State's needs for public school facilities, including descriptions of-- ``(i) health and safety problems at such facilities; ``(ii) the capacity of public schools in the State to house projected enrollments; and ``(iii) the extent to which the public schools in the State offer the physical infrastructure needed to provide a high-quality education to all students; and ``(B) a description of how the State will allocate to local educational agencies, or otherwise use, its allocation under this subsection to address the needs identified under subparagraph (A), including a description of how it will-- ``(i) give highest priority to localities with the greatest needs, as demonstrated by inadequate school facilities coupled with a low level of resources to meet those needs; ``(ii) use its allocation under this subsection to assist localities that lack the fiscal capacity to issue bonds on their own; and ``(iii) ensure that its allocation under this subsection is used only to supplement, and not supplant, the amount of school construction, rehabilitation, and repair in the State that would have occurred in the absence of such allocation. Any allocation under paragraph (1) by a State education agency shall be binding if such agency reasonably determined that the allocation was in accordance with the plan approved under this paragraph. ``(d) One-Third of Limitation Allocated Among Largest School Districts.-- ``(1) In general.--One-third of the limitation applicable under subsection (b) for any calendar year shall be allocated under paragraph (2) by the Secretary among local educational agencies which are large local educational agencies for such year. No qualified school construction bond may be issued by reason of an allocation to a large local educational agency under the preceding sentence unless such agency has an approved local application. ``(2) Allocation formula.--The amount to be allocated under paragraph (1) for any calendar year shall be allocated among large local educational agencies in proportion to the respective amounts each such agency received for Basic Grants under subpart 2 of part A of title I of this Act for the most recent fiscal year ending before such calendar year. ``(3) Large local educational agency.--For purposes of this section, the term `large local educational agency' means, with respect to a calendar year, any local educational agency (other than a high-growth local educational agency, as defined in subsection (e)) if such agency is-- ``(A) among the 100 local educational agencies with the largest numbers of children aged 5 through 17 from families living below the poverty level, as determined by the Secretary using the most recent data available from the Department of Commerce that are satisfactory to the Secretary; or ``(B) 1 of not more than 25 local educational agencies (other than those described in clause (i)) that the Secretary determines (based on the most recent data available satisfactory to the Secretary) are in particular need of assistance, based on a low level of resources for school construction, a high level of enrollment growth, or such other factors as the Secretary deems appropriate. ``(4) Approved local application.--For purposes of paragraph (1), the term `approved local application' means an application which is approved by the Secretary and which includes-- ``(A) the results of a recent publicly-available survey (undertaken by the local educational agency with the involvement of school officials, members of the public, and experts in school construction and management) of such agency's needs for public school facilities, including descriptions of-- ``(i) the overall condition of the local educational agency's school facilities, including health and safety problems; ``(ii) the capacity of the agency's schools to house projected enrollments; and ``(iii) the extent to which the agency's schools offer the physical infrastructure needed to provide a high-quality education to all students; ``(B) a description of how the local educational agency will use its allocation under this subsection to address the needs identified under subparagraph (A); and ``(C) a description of how the local educational agency will ensure that its allocation under this subsection is used only to supplement, and not supplant, the amount of school construction, rehabilitation, or repair in the locality that would have occurred in the absence of such allocation. A rule similar to the rule of the last sentence of subsection (c)(5) shall apply for purposes of this subsection. ``(e) One-Third of Limitation Allocated Among High-Growth School Districts.-- ``(1) In general.--One-third of the limitation applicable under subsection (b) for any calendar year shall be allocated under paragraph (2) by the Secretary among local educational agencies which are high-growth local educational agencies for such year. No qualified school construction bond may be issued by reason of an allocation to a high-growth local educational agency under the preceding sentence unless such agency has an approved local application (as defined in subsection (d)(4)). A rule similar to the rule of the last sentence of subsection (c)(5) shall apply for purposes of this subsection. ``(2) Allocation formula.--The amount to be allocated under paragraph (1) for any calendar year shall be allocated among high-growth local educational agencies in proportion to the respective amounts each such agency received for Basic Grants under subpart 2 of part A of title I of this Act for the most recent fiscal year ending before such calendar year. ``(3) High-growth local educational agency.--For purposes of this section, the term `high-growth local educational agency' means, with respect to a calendar year, any local educational agency if-- ``(A) there has been at least a 7.5 percent increase in such agency's enrollment during the 5-year period ending with the preceding calendar year; and ``(B) such enrollment increase exceeds 150 students. ``(f) Carryover of Unused Limitation.--If for any calendar year-- ``(1) the amount allocated under subsection (c) to any State; exceeds ``(2) the amount of bonds issued during such year which are designated as qualified school construction bonds pursuant to such allocation; the limitation amount under such subsection for such State for the following calendar year shall be increased by the amount of such excess. A similar rule shall apply to the amounts allocated under subsections (d) and (e). ``(g) Other Definitions.--For purposes of this section: ``(1) Local educational agency.--The term `local educational agency' has the meaning given to such term by section 14101. Such term includes the local educational agency that serves the District of Columbia but does not include any other State agency. ``(2) Bond.--The term `bond' includes any obligation. ``(3) Public school facility.--The term `public school facility' shall not include any stadium or other facility primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public. ``SEC. 12202. APPLICATION OF DAVIS-BACON ACT TO PROJECTS FINANCED WITH QUALIFIED SCHOOL CONSTRUCTION BONDS. ``The wage requirements of the Act of March 3, 1931 (40 U.S.C. 276a et seq.) (commonly referred to as the `Davis-Bacon Act') shall apply with respect to individuals employed on school construction, rehabilitation, or repair projects financed with the proceeds from an issuance of qualified school construction bonds.''. (b) Conforming Amendments.--Title XII of such Act is amended-- (1) in sections 12101 through 12110 (as so redesignated), by striking ``this title'' each place it appears and inserting ``this part''; (2) in section 12101(a)(1) (as so redesignated)-- (A) by striking ``section 12013'' and inserting ``section 12110''; (B) by striking ``section 12005'' and inserting ``section 12102''; and (C) by striking ``section 12007'' and inserting ``section 12104''; (3) in section 12101(a)(2) (as so redesignated), by striking ``section 12013'' and inserting ``section 12110''; and (4) in section 12109(3)(C) (as so redesignated), by striking ``section 12006'' and inserting ``section 12103''.

Amends the Elementary and Secondary Education Act of 1965 to provide for the allocation of any limitation imposed on school construction bonds with respect to which the holders are allowed a credit under the Internal Revenue Code. Applies the wage requirements of the Davis-Bacon Act to projects financed with such bonds.

To amend the Elementary and Secondary Education Act of 1965 to provide for the allocation of any limitation imposed on school construction bonds with respect to which the holders are allowed a credit under the Internal Revenue Code of 1986, and to apply the wage requirements of the Davis-Bacon Act to projects financed with such bonds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Benefits Network Act''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS GRANTS FOR ESTABLISHING COORDINATED NETWORKS OF SERVICES AND RESOURCES FOR VETERANS AND THEIR FAMILIES. (a) In General.--Subchapter II of chapter 5 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 533. Grants for establishing coordinated networks of services and resources for veterans and their families ``(a) In General.--The Secretary may make a grant to an eligible entity for the purpose of establishing or expanding a regional technology system to provide an active database and enrollment system that can be used by a coordinated network of private, public, and non- profit entities to assist veterans and their family members in applying for benefits and services offered by such entities that participate in the network. ``(b) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall-- ``(1) be a State or local government, a regional council of governments, or a private entity; and ``(2) submit to the Secretary an application containing-- ``(A) a description of the credentialing system the entity intends to use to determine which service providers will be eligible for inclusion in the network established using the grant that ensures such providers meet the requirements under subsection (c)(3); and ``(B) such other information and assurances as the Secretary may require. ``(c) Use of Funds.-- ``(1) In general.--The recipient of a grant under this section shall use the grant to establish a coordinated network of private, public, and nonprofit services and resources, as described in paragraph (2), for veterans and their families designed to-- ``(A) facilitate awareness and understanding of benefits that are available to members of the Armed Forces, veterans, and their family members who are eligible for benefits; ``(B) use best practices to maximize outreach to veterans and family members who are eligible for benefits; and ``(C) have the capacity to be replicated at other locations or regional networks. ``(2) Services and resources.--The services and resources included in the networks established using grants under this section may include-- ``(A) education; ``(B) employment; ``(C) family support and recreation; ``(D) health care; ``(E) mental health and behavioral counseling; ``(F) substance abuse counseling; ``(G) housing; ``(H) financial assistance; ``(I) legal assistance; ``(J) public benefit support; ``(K) benefits under the laws administered by the Secretary; and ``(L) such other services and resources as the Secretary determines appropriate. ``(3) Criteria for service providers.--In order to be eligible for inclusion in a network established using a grant under this section, a service provider shall-- ``(A) demonstrate the capacity, experience, and expertise required to participate in the network; and ``(B) enter into an agreement with the entity that receives the grant that ensures that the provider will not-- ``(i) input the personal information of a veteran or veteran's family member into the coordinated network without receiving the informed consent and authorization of the veteran or family member; or ``(ii) use such personal information in any manner or for any purpose other than the performance of the services in compliance with the coordinated network. ``(d) Priority in Awarding Grants.--In awarding grants under this section, the Secretary shall give priority to an eligible entity that provides services to individuals residing in a geographic area where a large number of veterans and members of the Armed Forces reside, as determined by the Secretary. ``(e) Deadline for Use of Funds.--The Secretary shall provide, as a condition of awarding a grant under this section to an eligible entity, that the eligible entity must use the grant before the expiration of the two-year period that begins on the date on which the eligible entity receives the grant. If a grant recipient has not used the grant before the expiration of such period, the Secretary may recover from the eligible entity the unused amount of the grant funds. ``(f) Cost-Sharing.--As a condition on the provision of funds under this section to an eligible entity, the eligible entity must agree to contribute an amount, derived from non-Federal sources, equal to at least 50 percent of the funds provided by the Secretary of Veterans Affairs to the eligible entity under this section. ``(g) Availability of Funds.--The Secretary shall use amounts otherwise made available for the Veterans Benefits Administration to make grants under this section. ``(h) Outreach.--The Secretary shall use the authority of the Secretary to advertise in the national media under section 532 of this title to inform veterans, members of the Armed Forces, and their families about the networks established using grants under this section. ``(i) Report to Congress.--The Secretary shall submit to Congress an annual report on the administration of the grant program under this section. Each such report shall include a description of how grant recipients used funds awarded under 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 532 the following new item: ``533. Grants for establishing coordinated networks of services and resources for veterans and their families.''.

Veterans Benefits Network Act This bill authorizes the Department of Veterans Affairs to make a grant to an eligible entity to establish or expand a regional technology system to provide an active database and enrollment system that can be used by a network of private, public, and non-profit entities to assist veterans and their family members in applying for benefits and services offered by such entities.

Veterans Benefits Network Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Service Dogs for Veterans Act of 2009''. SEC. 2. PILOT PROGRAM ON USE OF SERVICE DOGS FOR THE TREATMENT OR REHABILITATION OF VETERANS WITH PHYSICAL OR MENTAL INJURIES OR DISABILITIES. (a) Findings.--Congress makes the following findings: (1) The United States owes a profound debt to those who have served the United States honorably in the Armed Forces. (2) Disabled veterans suffer from a range of physical and mental injuries and disabilities. (3) In 2008, the Army reported the highest level of suicides among its soldiers since it began tracking the rate 28 years before 2009. (4) A scientific study documented in the 2008 Rand Report entitled ``Invisible Wounds of War'' estimated that 300,000 veterans of Operation Enduring Freedom and Operation Iraqi Freedom currently suffer from post-traumatic stress disorder. (5) Veterans have benefitted in multiple ways from the provision of service dogs. (6) The Department of Veterans Affairs has been successfully placing guide dogs with the blind since 1961. (7) Thousands of dogs around the country await adoption. (b) Program Required.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a three-year pilot program to assess the benefits, feasibility, and advisability of using service dogs for the treatment or rehabilitation of veterans with physical or mental injuries or disabilities, including post-traumatic stress disorder. (c) Partnerships.-- (1) In general.--The Secretary shall carry out the pilot program by partnering with nonprofit organizations that-- (A) have experience providing service dogs to individuals with injuries or disabilities; (B) do not charge fees for the dogs, services, or lodging that they provide; and (C) are accredited by a generally accepted industry-standard accrediting institution. (2) Reimbursement of costs.--The Secretary shall reimburse partners for costs relating to the pilot program as follows: (A) For the first 50 dogs provided under the pilot program, all costs relating to the provision of such dogs. (B) For dogs provided under the pilot program after the first 50 dogs provided, all costs relating to the provision of every other dog. (d) Participation.-- (1) In general.--As part of the pilot program, the Secretary shall provide a service dog to a number of veterans with physical or mental injuries or disabilities that is greater than or equal to the greater of-- (A) 200; and (B) the minimum number of such veterans required to produce scientifically valid results with respect to assessing the benefits and costs of the use of such dogs for the treatment or rehabilitation of such veterans. (2) Composition.--The Secretary shall ensure that-- (A) half of the participants in the pilot program are veterans who suffer primarily from a mental health injury or disability; and (B) half of the participants in the pilot program are veterans who suffer primarily from a physical injury or disability. (e) Study.--In carrying out the pilot program, the Secretary shall conduct a scientifically valid research study of the costs and benefits associated with the use of service dogs for the treatment or rehabilitation of veterans with physical or mental injuries or disabilities. The matters studied shall include the following: (1) The therapeutic benefits to such veterans, including the quality of life benefits reported by the veterans partaking in the pilot program. (2) The economic benefits of using service dogs for the treatment or rehabilitation of such veterans, including-- (A) savings on health care costs, including savings relating to reductions in hospitalization and reductions in the use of prescription drugs; and (B) productivity and employment gains for the veterans. (3) The effectiveness of using service dogs to prevent suicide. (f) Reports.-- (1) Annual report of the secretary.--After each year of the pilot program, the Secretary shall submit to Congress a report on the findings of the Secretary with respect to the pilot program. (2) Final report by the national academy of sciences.--Not later than 180 days after the date of the completion of the pilot program, the National Academy of Sciences shall submit to Congress a report on the results of the pilot program.

Service Dogs for Veterans Act of 2009 - Directs the Secretary of Veterans Affairs (VA) to commence a three-year pilot program to assess the benefits, feasibility, and advisability of using service dogs for the treatment or rehabilitation of veterans with physical or mental injuries or disabilities, including post-traumatic stress disorder. Requires related reports to Congress.

A bill to require the Secretary of Veterans Affairs to carry out a pilot program to assess the feasibility and advisability of using service dogs for the treatment or rehabilitation of veterans with physical or mental injuries or disabilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Daniel Faulkner Law Enforcement Officers and Judges Protection Act of 2007''. SEC. 2. SPECIAL PENALTIES FOR MURDER OR KIDNAPPING OF A FEDERAL LAW ENFORCEMENT OFFICER OR FEDERAL JUDGE. (a) Murder.--Section 1114 of title 18, United States Code, is amended-- (1) by inserting ``(a)'' before ``Whoever''; and (2) by adding at the end the following: ``(b) If the victim of an offense punishable under this section or section 1117 is a Federal law enforcement officer or a United States judge (as those terms are defined in section 115), the offender shall be punished by a fine under this title and-- ``(1) in the case of murder in the first degree, or an attempt or conspiracy to commit murder in the first degree, death or imprisonment for life; ``(2) in the case of murder in the second degree, or an attempt or conspiracy to commit murder in the second degree, imprisonment for any term of years not less than 25 or for life; and ``(3) in the case of voluntary manslaughter, imprisonment for any term of years not less than 10 or for life.''. (b) Kidnapping.--Section 1201(a) of title 18, United States Code, is amended-- (1) by redesignating subsections (f), (g), and (h) as subsections (g), (h), and (i), respectively; and (2) by inserting after subsection (e) the following: ``(f) If the victim of an offense punishable under subsection (a), (c), or (d) is a Federal law enforcement officer or a United States judge (as those terms are defined in section 115), the offender shall be punished by a fine under this title and imprisonment for any term of years not less than 20 or for life, or, if death results, may be sentenced to death.''. SEC. 3. SPECIAL PENALTIES FOR ASSAULTING A FEDERAL LAW ENFORCEMENT OFFICER OR FEDERAL JUDGE. (a) In General.--Section 111 of title 18, United States Code, is amended to read as follows: ``Sec. 111. Assaulting or interfering with certain officers or employees ``(a) Officers and Employees.-- ``(1) In general.--It shall be unlawful to-- ``(A) assault or interfere with an officer or employee described in section 1114, while such officer or employee is engaged in, or on account of the performance of, official duties; ``(B) assault or interfere with an individual who formerly served as an officer or employee described in section 1114 on account of the performance of official duties; or ``(C) assault or interfere with an individual on account of that individual's current or former status as an officer or employee described in section 1114. ``(2) Penalty.--Any person who violates paragraph (1), shall be-- ``(A) fined under this title; ``(B)(i) in the case of an interference or a simple assault, imprisoned for not more than 1 year; ``(ii) in the case of an assault involving actual physical contact or the intent to commit any other felony, imprisoned for not more than 10 years; ``(iii) in the case of an assault resulting in bodily injury, imprisoned for not more than 20 years; or ``(iv) in the case of an assault resulting in substantial bodily injury (as that term is defined in section 113), or if a dangerous weapon was used or possessed during and in relation to the offense (including a weapon intended to cause death or danger but that fails to do so by reason of a defective component), imprisoned for not more than 30 years; or ``(C) fined under subparagraph (A) and imprisoned under subparagraph (B). ``(b) Law Enforcement Officers and Judges.-- ``(1) In general.--If the victim of an assault punishable under this section is a Federal law enforcement officer or a United States judge (as those terms are defined in section 115)-- ``(A) and if the assault resulted in substantial bodily injury (as that term is defined in section 113), the offender shall be punished by a fine under this title and imprisonment for not less 5 years nor more than 30 years; and ``(B) and if the assault resulted in serious bodily injury (as that term is defined in section 2119(2)), or a dangerous weapon was used or possessed during and in relation to the offense, the offender shall be punished by a fine under this title and imprisonment for any term of years not less than 10 or for life. ``(2) Imposition of punishment.--Each punishment for criminal conduct described in this subsection shall be in addition to any other punishment for other criminal conduct during the same criminal episode.''. (b) Technical and Conforming Amendment.--The table of sections at the beginning of chapter 7 of title 18, United States Code, is amended by striking the item relating to section 111 and inserting the following: ``111. Assaulting or interfering with certain officers or employees.''. SEC. 4. SPECIAL PENALTIES FOR RETALIATING AGAINST A FEDERAL LAW ENFORCEMENT OFFICER OR FEDERAL JUDGE BY MURDERING OR ASSAULTING A FAMILY MEMBER. (a) In General.--Section 115 of title 18, United States Code, is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: ``(c)(1) If an offense punishable under this section is committed with the intent to impede, intimidate, or interfere with a Federal law enforcement officer or a United States judge while that officer or judge is engaged in the performance of official duties, with the intent to retaliate against that officer or judge or a person who formerly served as such an officer or judge on account of the performance of official duties, or with the intent to retaliate against an individual on account of that individual's current or former status as such an officer or judge, the offender shall be punished-- ``(A) in the case of murder, attempted murder, conspiracy to murder, or manslaughter, as provided in section 1114(b); ``(B) in the case of kidnapping, attempted kidnapping, or conspiracy to kidnap, as provided in section 1201(f); ``(C) in the case of an assault resulting in bodily injury or involving the use or possession of a dangerous weapon during and in relation to the offense, as provided for a comparable offense against a Federal law enforcement officer or United States judge under section 111; and ``(D) in the case of any other assault or threat, by a fine under this title and imprisonment for not more than 10 years. ``(2) Each punishment for criminal conduct described in this subsection shall be in addition to any other punishment for other criminal conduct during the same criminal episode.''. (b) Technical and Conforming Amendment.--Section 2237(e)(1) of title 18, United States Code, is amended by striking ``in section 115(c)'' and inserting ``in section 115''. SEC. 5. AUTHORIZATION FOR FEDERAL JUDGES AND FEDERAL PROSECUTORS TO CARRY FIREARMS. (a) Authority.-- (1) In general.--Chapter 203 of title 18, United States Code, is amended by inserting after section 3053 the following: ``Sec. 3054. Authority of Federal judges and prosecutors to carry firearms ``(a) In General.--Any justice of the United States or judge of the United States (as those terms are defined in section 451 of title 28), any judge of a court created under article I of the United States Constitution, any bankruptcy judge, any magistrate judge, any United States attorney, and any other officer or employee of the Department of Justice whose duties include representing the United States in a court of law, may carry a firearm. ``(b) Regulations.--Not later than 180 days after the date of enactment of the Daniel Faulkner Law Enforcement Officers and Judges Protection Act of 2007, the Attorney General shall promulgate regulations to carry out this section. Such regulations may provide for training and regular certification in the use of firearms and shall, with respect to justices, judges, bankruptcy judges, and magistrate judges, be promulgated after consultation with the Judicial Conference of the United States.''. (2) Effective date.--Section 3054(a) of title 18, United States Code, as added by paragraph (1), shall take effect 90 days after the date on which the Attorney General promulgates regulations under section 3054(b) of title 18, United States Code, as added by paragraph (1). (3) Technical and conforming amendment.--The table of sections at the beginning of chapter 203 of title 18, United States Code, is amended by inserting after item relating to section 3053 the following: ``3054. Authority of Federal judges and prosecutors to carry firearms.''. (b) Amendments to Law Enforcement Officer Safety Provisions of Title 18.-- (1) In general.--Section 926B of title 18, United States Code, is amended by adding at the end the following: ``(f) For purposes of this section, a law enforcement officer of the Amtrak Police Department or a law enforcement or police officer of any department or agency of the Federal Government qualifies as an employee of a governmental agency who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest.''. (2) Retired law enforcement officers.--Section 926C of title 18, United States Code, is amended-- (A) in subsection (c)-- (i) in paragraph (3)(A), by striking ``was regularly employed as a law enforcement officer for an aggregate of 15 years or more'' and inserting ``served as a law enforcement officer for an aggregate of 10 years or more''; (ii) by striking paragraphs (4) and (5) and inserting the following: ``(4) during the most recent 12-month period, has met, at the expense of the individual, the standards for qualification in firearms training for active law enforcement officers as set by the former agency of that officer, the State in which that officer resides, or a law enforcement agency within the State in which that officer resides;''; and (iii) by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively; (B) in subsection (d)-- (i) in paragraph (1), by striking ``to meet the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm'' and inserting ``to meet the active duty standards for qualification in firearms training as established by the agency to carry a firearm of the same type as the concealed firearm''; and (ii) in paragraph (2)(B), by striking ``otherwise found by the State'' and all that follows and inserting ``otherwise found by the State or a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State to have met-- ``(i) the active duty standards for qualification in firearms training as established by the State to carry a firearm of the same type as the concealed firearm; or ``(ii) if the State has not established the standards described in clause (i), standards set by any law enforcement agency within that State to carry a firearm of the same type as the concealed firearm.''; and (C) by adding at the end the following: ``(f) In this section, the term `service with a public agency as a law enforcement officer' includes service as a law enforcement officer of the Amtrak Police Department or as a law enforcement or police officer of any department or agency of the Federal Government.''. SEC. 6. LIMITATION ON DAMAGES INCURRED DURING COMMISSION OF A FELONY OR CRIME OF VIOLENCE. (a) In General.--Section 1979 of the Revised States (42 U.S.C. 1983) is amended by-- (1) striking ``except that in any action'' and all that follows through ``relief was unavailable.'' and inserting the following: ``except that-- ``(1) in any action brought against a judicial officer for an act or omission taken in the judicial capacity of that officer, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable; and ``(2) in any action seeking redress for a deprivation that was incurred in the course of, or as a result of, or is related to, conduct by the injured party that, more likely than not, constituted a felony or a crime of violence (as that term is defined in section 16 of title 18, United States Code) (including any deprivation in the course of arrest or apprehension for, or the investigation, prosecution, or adjudication of, such an offense), a court shall not have jurisdiction to consider a claim for damages other than for necessary out-of-pocket expenditures and other monetary loss.''; and (2) indenting the last sentence as an undesignated paragraph. (b) Attorney's Fees.--Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended by striking ``except that in any action'' and all that follows and inserting the following: ``except that-- ``(1) in any action brought against a judicial officer for an act or omission taken in the judicial capacity of that officer, such officer shall not be held liable for any costs, including attorneys fees, unless such action was clearly in excess of the jurisdiction of that officer; and ``(2) in any action seeking redress for a deprivation that was incurred in the course of, or as a result of, or is related to, conduct by the injured party that, more likely than not, constituted a felony or a crime of violence (as that term is defined in section 16 of title 18, United States Code) (including any deprivation in the course of arrest or apprehension for, or the investigation, prosecution, or adjudication of, such an offense), the court may not allow such party to recover attorney's fees.''. SEC. 7. FEDERAL REVIEW OF STATE CONVICTION FOR MURDER OF A LAW ENFORCEMENT OFFICER OR JUDGE. (a) In General.--Section 2254 of title 28, United States Code, is amended by adding at the end the following: ``(j)(1) For an application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court for a crime that involved the killing of a public safety officer (as that term is defined in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b)) or judge, while the public safety officer or judge was engaged in the performance of official duties, or on account of the public safety officer's or judge's performance of official duties or status as a public safety officer or judge-- ``(A) the application shall be subject to the time limitations and other requirements under sections 2263, 2264, and 2266; and ``(B) the court shall not consider claims relating to sentencing that were adjudicated in a State court. ``(2) Sections 2251, 2262, and 2101 are the exclusive sources of authority for Federal courts to stay a sentence of death entered by a State court in a case described in paragraph (1).''. (b) Rules.--Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts is amended by adding at the end the following: ``Rule 60(b)(6) of the Federal Rules of Civil Procedure shall not apply to a proceeding under these rules in a case that is described in section 2254(j) of title 28, United States Code.''. (c) Finality of Determination.--Section 2244(b)(3)(E) of title 28, United States Code, is amended by striking ``the subject of a petition'' and all that follows and inserting: ``reheard in the court of appeals or reviewed by writ of certiorari.''. (d) Effective Date and Applicability.-- (1) In general.--This section and the amendments made by this section shall apply to any case pending on or after the date of enactment of this Act. (2) Time limits.--In a case pending on the date of enactment of this Act, if the amendments made by this section impose a time limit for taking certain action, the period of which began before the date of enactment of this Act, the period of such time limit shall begin on the date of enactment of this Act. (3) Exception.--The amendments made by this section shall not bar consideration under section 2266(b)(3)(B) of title 28, United States Code, of an amendment to an application for a writ of habeas corpus that is pending on the date of enactment of this Act, if the amendment to the petition was adjudicated by the court prior to the date of enactment of this Act.

Daniel Faulkner Law Enforcement Officers and Judges Protection Act of 2007 - Amends the federal criminal code to: (1) impose mandatory minimum prison terms for homicide, manslaughter, and kidnapping of federal judges and law enforcement officers; (2) expand the penalties for assaulting or interfering with federal officers and employees and for assaults against federal law enforcement officers and judges; (3) impose mandatory minimum prison terms for retaliating against a federal judge or law enforcement officer on account of the performance of official duties by murdering, kidnapping, assaulting, or threatening a family member of such judge or officer; and (4) authorize federal judges, U.S. attorneys, and Justice Department employees to carry firearms. Places limits on the award of civil damages and attorney's fees against judicial officers for injuries incurred by an individual during the commission of a felony or crime of violence. Amends the federal judicial code to place limits on habeas corpus petitions for review of a state court conviction for murder of a public safety officer or judge engaged in the performance of official duties.

A bill to impose appropriate penalties for the assault or murder of a Federal law enforcement officer or Federal judge, for the retaliatory assault or murder of a family member of a Federal law enforcement officer or Federal judge, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Hours of Service Act of 2010''. SEC. 2. REDESIGNATIONS. Chapter 211 of title 49, United States Code, is amended by redesignating sections 21101 through 21109 as sections 21102 through 21110, respectively. SEC. 3. PURPOSE. Chapter 211 of title 49, United States Code, is further amended by inserting before section 21102 (as so redesignated by section 2 of this Act) the following: ``Sec. 21101. Purpose ``Railroad employees covered by this chapter shall be provided predictable and defined work and rest periods.''. SEC. 4. DEFINITIONS. Section 21102 (as so redesignated by section 2 of this Act) of chapter 211 of title 49, United States Code, is amended-- (1) in paragraph (5), by inserting ``and yardmaster employee'' before the period; and (2) by adding at the end the following: ``(6) `yardmaster employee' means an employee who supervises and coordinates the activities of workers engaged in railroad traffic operations, including making up or breaking up trains and switching inbound or outbound traffic.''. SEC. 5. NONAPPLICATION, EXEMPTION, AND ALTERNATE HOURS OF SERVICE REGIME. Section 21103(c) (as so redesignated by section 2 of this Act) of chapter 211 of title 49, United States Code is amended-- (1) in paragraph (1)(A), by striking ``21109(b)'' and inserting ``21110(b)''; (2) in paragraph (3), by striking ``21109(b)'' and inserting ``21110(b)''; (3) by striking subparagraph (C) of paragraph (4); (4) by redesignating subparagraph (D) of paragraph (4) as subparagraph (B); and (5) by striking ``new section 21103'' each place it appears and inserting ``section 21104''. SEC. 6. LIMITATIONS ON DUTY HOURS OF TRAIN EMPLOYEES. Section 21104 (as so redesignated by section 2 of this Act) of chapter 211 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (3)-- (i) by striking ``remain or go on duty unless'' and inserting ``initiate an on duty period unless''; and (ii) by striking ``during the prior 24 hours; or'' and inserting ``immediately prior to going on duty; or''; (B) in paragraph (4)(A)-- (i) in clause (i), by striking ``work'' and inserting ``initiate an on duty period''; and (ii) in clause (ii), by striking ``works'' and inserting ``initiates an on duty period on''; and (C) in the matter after paragraph (4) by inserting ``For purposes of paragraph (4)(A) and (B), within 12 months after the date of enactment of the Railroad Hours of Service Act of 2010, the Secretary shall prescribe regulations to require all deadhead transportation in excess of a specific number of hours to be counted as time on duty and shall reset the calendar day clock.'' before ``The Secretary may waive''; (2) in subsection (b)(7), by striking ``when the employee is prevented'' and all that follows through ``employee left the designated terminal.'' and inserting ``. A train employee shall be notified before going off duty whether such period off duty is an interim release.''; and (3) in subsection (c)(1)-- (A) in subparagraph (A)(ii), by striking ``and'' at the end; (B) in subparagraph (B)(ii), by striking ``21109.'' and inserting ``21110; and''; and (C) by adding at the end the following new subparagraph: ``(C) to exceed 2 hours in deadhead transportation per each tour of duty.''. SEC. 7. LIMITATIONS ON DUTY HOURS OF SIGNAL EMPLOYEES. Section 21105 (as so redesignated by section 2 of this Act) of chapter 211 of title 49, United States Code, is amended-- (1) in subsection (b)(2), by inserting ``, including all work where there is a potential to interact or otherwise come into contact with safety-critical devices or circuits,'' before ``is time on duty''; (2) in subsection (e), by adding at the end the following: ``Signal employees operating motor vehicles requiring a commercial driver's license while on duty shall be considered covered service.''; and (3) by adding at the end the following new subsection: ``(f) Safety-Critical Devices or Circuits.--Time on duty shall include all work where there is a potential to interact or otherwise come into contact with safety-critical devices or circuits.''. SEC. 8. LIMITATIONS ON DUTY HOURS OF DISPATCHING SERVICE EMPLOYEES AND YARDMASTER EMPLOYEES. Section 21106 (as so redesignated by section 2 of this Act) of chapter 211 of title 49, United States Code, is amended-- (1) in the section heading by inserting ``and yardmaster employees'' after ``service employees''; (2) in subsection (a)-- (A) by striking ``21103 or 21104'' and inserting ``21104 or 21105''; and (B) by inserting ``or yardmaster employee'' after ``service employee''; (3) in subsection (b), by inserting ``or yardmaster employee'' after ``a dispatching service employee''; (4) in subsection (c), by adding at the end the following: ``All commingle service involving yardmaster service and dispatcher service mixing with freight service shall be covered under the provisions of section 21104.''; and (5) in subsection (d), by inserting ``or yardmaster employee'' after ``dispatching service employee''. SEC. 9. CLERICAL AMENDMENT. Chapter 211 of title 49, United States Code, is further amended by amending the table of sections at the beginning of the chapter to read as follows: ``Sec. ``21101. Purpose. ``21102. Definitions. ``21103. Nonapplication, exemption, and alternate hours of service regime. ``21104. Limitations on duty hours of train employees. ``21105. Limitations on duty hours of signal employees. ``21106. Limitations on duty hours of dispatching service employees and yardmaster employees. ``21107. Limitations on employee sleeping quarters. ``21108. Maximum duty hours and subjects of collective bargaining. ``21109. Pilot projects. ``21110. Regulatory authority.''.

Railroad Hours of Service Act of 2010 - Extends railroad hours of services requirements and limitations to cover yardmaster employees who supervise and coordinate the activities of workers engaged in railroad traffic operations, including making up or breaking up trains and switching inbound or outbound traffic. Revises the prohibition against a railroad carrier's requiring or allowing a train employee to remain or go on duty unless that employee has had at least 10 consecutive hours off duty during the prior 24 hours. Prohibits requiring or allowing an employee (including a yardmaster employee) from initiating an on duty period unless the employee has had at least 10 consecutive hours off duty immediately prior to going on duty. Directs the Secretary of Transportation (DOT) to prescribe regulations to: (1) require all deadhead transportation in excess of a specific number of hours to be counted as time on duty; and (2) reset the calendar day clock. Revises the rule that an interim period available for at least 4 hours rest at a place with suitable facilities for food and lodging is not time on duty. Repeals the current list of causes for prevention of a return to duty. Requires a train employee to be notified before going off duty whether such period off duty is an interim release. Prohibits a railroad carrier from requiring or allowing an employee to exceed 2 hours in deadhead transportation per each tour of duty. Revises the limitations on the duty hours of signal employees. Specifies that time on duty spent performing any service for the railroad carrier during a 24-hour period in which the employee is engaged in installing, repairing, or maintaining signal systems includes all work where there is a potential to interact or otherwise come into contact with safety-critical devices or circuits. Treats as service covered by hours of duty limitations the operation by signal employees of motor vehicles requiring a commercial driver's license while on duty. Extends to yardmaster employees certain limitations on the duty hours of dispatching service employees. Declares that all commingle service involving yardmaster service and dispatcher service mixing with freight service shall be covered by the limitations on the duty hours of signal employees. Extends to yardmaster employees, when an emergency exists, the same limitation (to not more than 4 additional hours during a period of 24 consecutive hours for not more than 3 days during a period of 7 consecutive days) that applies to the hours of dispatching service employees in an emergency.

To amend title 49, United States Code, with respect to hours of service rules for railroad employees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Serving our Rural Veterans Act of 2017''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Department of Veterans Affairs relies on agreements with the Indian Health Service and tribal health organizations to serve native and non-native veteran populations in certain areas, especially rural areas of the United States, due to limited infrastructure or personnel of the Department in those areas; (2) the Department should support the practice of rural health care in the United States because such care is crucial to fulfilling the mission of the Department to provide the highest quality care for veterans; and (3) education regarding the unique health needs of veterans is necessary for all health care providers and is especially important for providers in rural health care delivery systems, including those affiliated with Indian tribes and tribal health organizations that care for a significant number of veterans. SEC. 3. AUTHORIZATION OF PAYMENT BY DEPARTMENT OF VETERANS AFFAIRS FOR TRAINING AND SUPERVISION OF RESIDENTS OR INTERNS AT FACILITIES THAT ARE NOT DEPARTMENT FACILITIES. (a) In General.--Subsection (c) of section 7406 of title 38, United States Code, is amended by striking ``Department facility'' each place it appears and inserting ``covered facility''. (b) Covered Facility Defined.--Subsection (a)(2) of such section is amended by adding at the end the following new subparagraph: ``(C) The term `covered facility' means any of the following: ``(i) A Department facility. ``(ii) A facility operated by an Indian tribe or a tribal organization, as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). ``(iii) A facility operated by the Indian Health Service. ``(iv) A Federally-qualified health center, as defined in section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B)). ``(v) A community health center.''. SEC. 4. PILOT PROGRAM TO ESTABLISH OR AFFILIATE WITH GRADUATE MEDICAL RESIDENCY PROGRAMS AT FACILITIES OPERATED BY INDIAN TRIBES, TRIBAL ORGANIZATIONS, AND THE INDIAN HEALTH SERVICE IN RURAL AREAS. (a) In General.--The Secretary of Veterans Affairs, in consultation with the Director of the Indian Health Service, shall carry out a pilot program-- (1) to establish graduate medical education residency training programs at covered facilities; or (2) to affiliate with established programs described in paragraph (1). (b) Locations.-- (1) In general.--The Secretary shall carry out the pilot program at not more than four covered facilities that have been selected by the Secretary for purposes of the pilot program. (2) Criteria.--The Secretary shall establish criteria for selecting covered facilities under paragraph (1). (c) Duration.--The Secretary shall implement the pilot program during the eight-year period beginning on the date that is 180 days after the date of the enactment of this Act. (d) Reimbursement of Costs.--The Secretary shall reimburse each covered facility participating in the pilot program for the following costs associated with the pilot program: (1) Curriculum development. (2) Recruitment, training, supervision, and retention of residents and faculty. (3) Accreditation of programs of education under the pilot program by the Accreditation Council for Graduate Medical Education (ACGME) or the American Osteopathic Association (AOA). (4) The portion of faculty salaries attributable to activities relating to carrying out the pilot program. (5) Payment for expenses relating to providing medical education under the pilot program. (e) Period of Obligated Service.-- (1) In general.--The Secretary shall enter into an agreement with each individual who participates in the pilot program under which such individual agrees to serve a period of one year of obligated service at a covered facility or a facility of the Department of Veterans Affairs for each year in which the individual participates in the pilot program under this section. (2) Breach.--An individual who participates in the pilot program and fails to satisfy the period of obligated service under paragraph (1) 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. (3) Loan repayment.--During the period of obligated service of an individual under paragraph (1), the individual-- (A) shall be deemed to be an eligible individual under subsection (b) of section 108 of the Indian Health Care Improvement Act (25 U.S.C. 1616a) for purposes of participation in the Indian Health Service Loan Repayment Program under such section during the portion of such period that the individual serves at a covered facility; and (B) shall be deemed to be an eligible individual under section 7682(a) of title 38, United States Code, for purposes of participation in the Department of Veterans Affairs Education Debt Reduction Program under subchapter VII of chapter 76 of such title during the portion of such period that the individual serves at a facility of the Department. (4) Concurrent service.--Any period of obligated service required of an individual under paragraph (1) shall be served-- (A) with respect to service at a covered facility, concurrently with any period of obligated service required of the individual by the Indian Health Service; and (B) with respect to service at a facility of the Department of Veterans Affairs, concurrently with any period of obligated service required of the individual by the Department. (f) Report.--Not later than three years before the termination of the pilot program under subsection (c), the Secretary of Veterans Affairs 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 feasibility and advisability of-- (1) expanding the pilot program to additional locations; and (2) making the pilot program or any aspect of the pilot program permanent. (g) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary of Veterans Affairs $20,000,000 for each year in which the pilot program is carried out. (2) Loan repayments.-- (A) In general.--There is authorized to be appropriated-- (i) to the Secretary of Health and Human Services, acting through the Director of the Indian Health Service, such sums as may be necessary to cover loan repayments paid under the Indian Health Service Loan Repayment Program to individuals participating in the pilot program; and (ii) to the Secretary of Veterans Affairs such sums as may be necessary to cover loan repayments paid under the Department of Veterans Affairs Education Debt Reduction Program to individuals participating in the pilot program. (B) Supplement not supplant.--Amounts appropriated or otherwise made available for the Indian Health Service Loan Repayment Program or the Department of Veterans Affairs Education Debt Reduction Program pursuant to the authorization of appropriations under subparagraph (A) shall supplement, not supplant, amounts made available to such programs under other provisions of law. (h) Covered Facility Defined.--In this section, the term ``covered facility'' means a facility-- (1) operated by an Indian tribe or a tribal organization (as those terms are defined in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304)), or the Indian Health Service, that has an existing reimbursement agreement with the Department of Veterans Affairs under section 405(c) of the Indian Health Care Improvement Act (25 U.S.C. 1645(c)); and (2) located in a rural or remote area, as determined by the Secretary.

Serving our Rural Veterans Act of 2017 This bill authorizes the Department of Veterans Affairs (VA) to pay for the training and employment of Veterans Health Administration medical residents and interns at a covered facility, which includes: (1) a VA facility; (2) a facility operated by an Indian tribe, a tribal organization, or the Indian Health Service; (3) a federally-qualified health center; or (4) a community health center. (Currently, such payments are authorized only for VA facilities.) The VA shall carry out an eight-year pilot program to establish or affiliate with graduate medical education residency training programs at not more than four facilities. The VA shall reimburse each participating facility for the costs of: curriculum development; recruitment, training, supervision, and retention of residents and faculty; accreditation of education programs; faculty salaries attributable to program activities; and other expenses relating to providing medical education under the program. A program participant: (1) shall agree to one year of obligated service at a covered or a VA facility for each year of partipation in the program, (2) who fails to satisfy the obligated service period shall be liable to the United States for a prorated portion of the amount paid for program participation, and (3) during the period of obligated service, shall be eligible for participation in the Indian Health Service Loan Repayment Program and the VA Education Debt Reduction Program. A covered facility for pilot program purposes means a facility: (1) operated by an Indian tribe, a tribal organization, or the Indian Health Service that has an existing reimbursement agreement with the VA; and (2) located in a rural or remote area.

Serving our Rural Veterans Act of 2017

SECTION 1. FINDINGS. Congress makes the following findings: (1) From 2014 through 2018, the United States and nations around the world will mark the centennial of World War I, including the entry of the United States into the war in April 1917. (2) America's support of Great Britain, France, Belgium, and its other allies in World War I marked the first time in this Nation's history that American soldiers went abroad in defense of liberty against foreign aggression, and it marked the true beginning of ``the American century''. (3) Although World War I was at the time called ``the war to end all wars'', in fact the United States would commit its troops to the defense of foreign lands 3 more times in the 20th century. (4) More than 4,000,000 men and women from the United States served in uniform during World War I, among them 2 future presidents, Harry S. Truman and Dwight D. Eisenhower. Two million individuals from the United States served overseas during World War I, including 200,000 naval personnel who served on the seas. The United States suffered 375,000 casualties during World War I, including 116,516 deaths. (5) The events of 1914 through 1918 shaped the world, the United States, and the lives of millions of people in countless ways. (6) The centennial of World War I offers an opportunity for people in the United States to learn about and commemorate the sacrifices of their predecessors. (7) Commemorative programs, activities, and sites allow people in the United States to learn about the history of World War I, the United States involvement in that war, and the war's effects on the remainder of the 20th century, and to commemorate and honor the participation of the United States and its citizens in the war effort. (8) While the other great conflicts of the 20th century, World War II, the Korean War, and the Vietnam War, have national memorials on the Mall in Washington, DC, there currently exists no nationally recognized memorial honoring the service of the United States and its citizens in World War I. (9) In 1921, the people of Kansas City, Missouri dedicated a site in that city for a memorial to the service of Americans in World War I, a ceremony attended by General John J. Pershing and military leaders of Great Britain, France, Belgium, and Italy. In 1924, the cornerstone of the 217-foot Liberty Memorial Tower was laid. On Armistice Day 1926, President Calvin Coolidge delivered the keynote address at the Memorial's dedication ceremony. The Memorial and surrounding grounds were completed in 1938, with an inscription that reads ``In Honor of Those Who Served in the World War in Defense of Liberty and Our Country.''. (10) The 106th Congress recognized the Liberty Memorial as a national symbol of World War I. (11) The 108th Congress designated the museum at the base of the Liberty Memorial as ``America's National World War I Museum''. The museum preserves the history of World War I, and educates and enlightens people about this significant event. (12) The District of Columbia War Memorial was authorized in 1924 by resolution of the 68th Congress, and was dedicated on Armistice Day 1931 by President Herbert Hoover. The DC War Memorial, erected in memory of the 499 residents of the District of Columbia who died in World War I, is often overlooked by residents and visitors to Washington. (13) The DC War Memorial is located on the national Mall in Washington, adjacent to the World War II, Korean War, and Vietnam memorials. Of these memorials, which now compose a quartet of memorials to the 4 great wars of the American Century, only the DC War Memorial is not a national memorial. SEC. 2. PURPOSE. The purpose of this Act is to-- (1) establish a commission, in Kansas City, Missouri, to ensure a suitable national observance of the centennial of World War I; and (2) rededicate the Liberty Memorial of Kansas City and the District of Columbia War Memorial, respectively, as the ``National World War I Museum and Memorial'' and the ``District of Columbia and National World War I Memorial''. SEC. 3. DEFINITIONS. In this Act: (1) America's national world war i museum.--The term ``America's National World War I Museum'' means the Liberty Memorial Museum in Kansas City, Missouri, as recognized by Congress in section 1031(b) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108- 375; 118 Stat. 2045). (2) Commission.--The term ``Commission'' means the World War I Centennial Commission established by section 4(a). (3) Veterans service organization.--The term ``veterans service organization'' means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. SEC. 4. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``World War I Centennial Commission''. (b) Membership.-- (1) Composition.--The Commission shall be composed of 24 members as follows: (A) Four members who shall be appointed by the Speaker of the House of Representatives. (B) Three members who shall be appointed by the minority leader of the House of Representatives. (C) Four members who shall be appointed by the majority leader of the Senate. (D) Three members who shall be appointed by the minority leader of the Senate. (E) Seven members who shall be appointed by the President from among persons who are broadly representative of the people of the United States (including members of the Armed Forces, veterans, and representatives of veterans service organizations). (F) One member who shall be appointed by the executive director of the Veterans of Foreign Wars of the United States. (G) One member who shall be appointed by the executive director of the American Legion. (H) One member who shall be appointed by the president of the Liberty Memorial Association. (2) Period of appointment.--Each member shall be appointed for the life of the Commission. (3) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (4) Initial meeting.-- (A) In general.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (B) Location.--The location for the meeting held under subparagraph (A) shall be the America's National World War I Museum. (5) Meetings.-- (A) In general.--The Commission shall meet at the call of the Chair. (B) Frequency.--The Chair shall call a meeting of the members of the Commission not less frequently than once each year. (C) Location.--Not less frequently than once each year, the Commission shall meet at the America's National World War I Museum. (6) Quorum.--Thirteen members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (7) Chair and vice chair.--The Commission shall select a Chair and Vice Chair from among its members. SEC. 5. DUTIES. (a) In General.--The duties of the Commission are as follows: (1) To plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I. (2) To encourage private organizations and State and local governments to organize and participate in activities commemorating the centennial of World War I. (3) To facilitate and coordinate activities throughout the United States relating to the centennial of World War I. (4) To serve as a clearinghouse for the collection and dissemination of information about events and plans for the centennial of World War I. (5) To develop recommendations for Congress and the President for commemorating the centennial of World War I. (b) Reports.-- (1) Periodic report.--Beginning not later than the last day of the 3-month period beginning on the date described in section 10 and the last day of each 3-month period thereafter, the Commission shall submit to Congress and the President a report on the activities and plans of the Commission. (2) Recommendations.--Not later than 2 years after the date described in section 10, the Commission shall submit to Congress and the President a report containing specific recommendations for commemorating the centennial of World War I and coordinating related activities. SEC. 6. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate to carry out the purposes of this Act. (b) Powers of Member and Agents.--If authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take under this Act. (c) Information From Federal Agencies.--The Commission shall secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon the request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Administrative Support Services.--Upon the request of the Commission, the Administrator of the General Services Administration shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (e) Contract Authority.-- (1) In general.--Except as provided in paragraph (2), the Commission is authorized-- (A) to procure supplies, services, and property; and (B) to make or enter into contracts, leases, or other legal agreements. (2) Limitation.--The Commission may not enter into any contract, lease, or other legal agreement that extends beyond the date of the termination of the Commission under section 8(a). (f) 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. (g) Gifts, Bequests, and Devises.-- (1) Acceptance by commission.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. (2) Deposit and availability.--Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall de deposited in the Treasury of the United States and shall be available for disbursement upon order of the Commission. SEC. 7. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Members of the Commission shall serve without compensation for such service. (b) Travel Expenses.--Each member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in accordance with the applicable provisions of title 5, United States Code. (c) Staff.-- (1) In general.--The Chair of the Commission shall, in consultation with the members of the Commission, appoint an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. (2) Compensation.-- (A) In general.--Subject to subparagraph (B), the Chair of the Commission may fix the compensation of the executive director and any other personnel appointed under paragraph (1). (B) Limitation.--The Chair of the Commission may not fix the compensation of the executive director or other personnel appointed under paragraph (1) at a rate that exceeds the rate of payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (C) Work location.--If the city government for Kansas City, Missouri, and the Liberty Memorial Association make space available in the building in which the America's National World War I Museum is located, the executive director of the Commission and other personnel appointed under paragraph (1) shall work in such building to the extent practical. (d) Detail of Government Employees.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any employee of that department or agency to the Commission to assist it in carrying out its duties under this Act. (e) Procurement of Temporary and Intermittent Services.--The Chair of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. SEC. 8. TERMINATION OF THE COMMISSION. (a) In General.--The Commission shall terminate on the earlier of-- (1) the date that is 30 days after the date of the completion of the activities under this Act honoring the centennial observation of World War I; or (2) July 28, 2019. (b) Application of Federal Advisory Committee Act.-- (1) In general.--Except as provided in paragraph (2), the provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the activities of the Commission under this Act. (2) Exception.--Section 14(a)(2) of such Act shall not apply to the Commission. SEC. 9. DESIGNATION OF NATIONAL WORLD WAR I MEMORIALS. (a) Designation of the National World War I Museum and Memorial, Missouri.-- (1) In general.--The Liberty Memorial of Kansas City at the America's National World War I Museum in Kansas City, Missouri, is designated as the ``National World War I Museum and Memorial''. (2) Ceremonies.--The Commission may plan, develop, and execute ceremonies to rededicate the Liberty Memorial of Kansas City as the National World War I Museum and Memorial. (b) Designation of the District of Columbia and National World War I Memorial.-- (1) Designation.--The District of Columbia War Memorial in Washington, DC, is designated as the ``District of Columbia and National World War I Memorial''. (2) Ceremonies.--The Commission may plan, develop, and execute ceremonies to rededicate the District of Columbia War Memorial as the District of Columbia and National World War I Memorial. (3) Authority to establish commemorative work.-- (A) In general.--The World War I Memorial Foundation may establish a commemorative work at the site of the District of Columbia and National World War I Memorial consisting of an appropriate sculptural or other commemorative element reflecting the national character of the memorial. (B) Requirements.--Any commemorative work established under subparagraph (A) shall complement and preserve the memorial (including the landscape of the memorial), as in existence on the date of enactment of this Act. (4) Compliance with standards for commemorative works; location of memorial.-- (A) In general.--Subject to subparagraph (B), the rededication of the District of Columbia and National World War I Memorial shall be in accordance with chapter 89 of title 40, United States Code. (B) Congressional finding.--Congress finds that because this Act authorizes the rededication and related enhancement of a commemorative work that, as of the date of enactment of this Act, is in existence and is sited within the Reserve (as defined in section 8902(a)(3) of title 40, United States Code), the provisions regarding site approval and location of commemorative works under sections 8905 and 8908(c) of title 40, United States Code, do not apply to this Act. (5) Deposit of excess funds.--The World War I Memorial Foundation shall transmit to the Secretary of the Treasury for deposit in the account provided for in section 8906(b)(3) of title 40, United States Code-- (A) any funds that remain after payment of all expenses incurred in the rededication of the memorial (including payment of the amount for maintenance and preservation required under section 8906(b) of that title); or (B) any funds that remain for the commemorative work authorized under subsection (a) on expiration of the authority for the commemorative work under section 8903(e) of that title. SEC. 10. EFFECTIVE DATE. This Act takes effect on the date that is 90 days after the date of enactment of this Act.

Establishes the World War I Centennial Commission to: (1) plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I; (2) encourage private organizations and state and local governments to organize and participate in such activities; (3) facilitate and coordinate such activities throughout the United States; (4) serve as a clearinghouse for the collection and dissemination of information about centennial events and plans; and (5) develop commemoration recommendations for Congress and the President. Designates: (1) the Liberty Memorial of Kansas City in Kansas City, Missouri, as the National World War I Museum and Memorial; and (2) the District of Columbia War Memorial in Washington, D.C., as the District of Columbia and National World War I Memorial (Memorial). Authorizes the World War I Memorial Foundation to establish a commemorative work at the Memorial Site.

A bill to establish a commission to ensure a suitable observance of the centennial of World War I, and to designate memorials to the service of men and women of the United States in World War I.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Pakistan Security and Stability Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Congress supports the following elements outlined in the President's White Paper of the Interagency Policy Group's Report on United States Policy Toward Afghanistan and Pakistan: (A) The core goal of the United States must be to disrupt, dismantle, and defeat al Qaeda and its affiliated networks and their safe havens in Pakistan. (B) The threat that al Qaeda poses to the United States and its allies in Pakistan--including the possibility of extremists obtaining fissile material-- is all too real. (C) The United States must overcome its trust deficit with Pakistan and demonstrate that it is a reliable, long-term partner. (2) The Government of Pakistan is facing significant security and socio-economic challenges that set the conditions for greater radicalization and may threaten Pakistan's viability. Such challenges include the following: (A) Al Qaeda's and other extremist groups' campaign of violent attacks throughout Pakistan, including the Red Mosque incident, the assassination of Benazir Bhutto, and the bombing of the Marriott Hotel in Islamabad. (B) Pakistan's population growth at a rate of approximately 2 percent a year, with nearly half of its 172 million residents illiterate, under the age of 20, and living near or below the poverty line. (3) Security and stability to Pakistan is further complicated given the prevalence of ungoverned spaces between Pakistan and Afghanistan in which state control has not been fully exercised given ethnic and tribal affiliations. (4) The security and stability of Pakistan is vital to the national security of the United States, and the consequences of failure poses a grave threat to the security of the American people, the region, and United States allies. (5) The objectives of United States policy toward Pakistan are to empower and enable Pakistan to-- (A) develop into a prosperous and democratic state that is at peace with itself and with its neighbors; (B) actively confront, and deny safe haven to, al Qaeda, the Taliban, and other extremists; (C) implement the economic, legal, and social reforms required to create an environment that discourages violent Islamic extremism; and (D) maintain robust command and control over its nuclear weapons technology. SEC. 3. COMPREHENSIVE INTERAGENCY STRATEGY AND IMPLEMENTATION PLAN FOR PAKISTAN. (a) In General.--Not later than 30 days after the date of the enactment of the Supplemental Appropriations Act of 2009, the President shall develop and transmit to the appropriate congressional committees a comprehensive interagency strategy and implementation plan for long- term security and stability in Pakistan which shall be composed of the elements specified in subsection (b). (b) Elements.--The comprehensive interagency strategy and implementation plan required by subsection (a) shall contain at least the following elements: (1) A description of how United States assistance described in section 4 will be used to achieve the objectives of United States policy toward Pakistan. (2) Progress toward the following: (A) Assisting efforts to enhance civilian control and a stable constitutional government in Pakistan and promote bilateral and regional trade and economic growth. (B) Developing and operationally enabling Pakistani security forces so they are capable of succeeding in sustained counter-insurgency and counter-terror operations. (C) Shutting down Pakistani safe havens for extremists. (D) Improving Pakistan's capacity and capability to ``hold'' and ``build'' areas cleared of insurgents to prevent their return. (E) Developing and strengthening mechanisms for Pakistan-Afghanistan cooperation. (3) A financial plan and description of the resources, programming, and management of United States foreign assistance to Pakistan, including the criteria used to determine their prioritization. (4) A complete description of both the evaluation process for reviewing and adjusting the strategy and implementation as necessary, and measures of effectiveness for the implementation of the strategy. (c) Intelligence Support.--The Director of National Intelligence shall provide intelligence support to the development of the comprehensive interagency strategy and implementation plan required by subsection (a). (d) Updates of Strategy.--The President shall transmit in writing to the appropriate congressional committees any updates of the comprehensive interagency strategy and implementation plan required by subsection (a), as necessary. SEC. 4. AUTHORIZATION OF ASSISTANCE FOR PAKISTAN. (a) Foreign Assistance Act of 1961.--There is authorized to be appropriated to the President, for the purposes of providing assistance to Pakistan under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), $1,500,000,000 or such sums as may be necessary for each of the fiscal years 2010 through 2013. (b) Pakistan Counterinsurgency Capability Fund.--There is authorized to be appropriated to the President, for the purposes of building a more effective counterinsurgency capability in Pakistan's security forces, up to $700,000,000 for the Pakistan Counterinsurgency Capability Fund, for fiscal year 2010. (c) Use of Funds.--Amounts authorized to be appropriated under this section or otherwise made available to carry out this Act shall be used to the maximum extent practicable as direct expenditures for programs, projects, and activities, subject to existing reporting and notification requirements. SEC. 5. CONGRESSIONAL BRIEFING AND NOTIFICATION REQUIREMENTS. (a) Briefing.--Not later than 30 days after the date of the transmission of the comprehensive interagency strategy and implementation plan required by section 3, and quarterly thereafter through December 1, 2013, the President, acting through the Secretary of State and the Secretary of Defense, shall brief the appropriate congressional committees on the status of the comprehensive interagency strategy and implementation plan. (b) Notification.--The President shall notify the appropriate congressional committees not later than 30 days prior to obligating any assistance described in section 4 as budgetary support to the Government of Pakistan or to any persons, agencies, instrumentalities, or elements of the Government of Pakistan and shall describe the purpose and conditions attached to any such budgetary support assistance. The President shall notify the appropriate congressional committees not later than 30 days prior to obligating any other type of assistance described in section 4. SEC. 6. DEFINITION. In this Act, the term ``appropriate congressional committees'' means-- (1) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.

United States-Pakistan Security and Stability Act - Directs the President to develop and transmit to the appropriate congressional committees, with intelligence support from the Director of National Intelligence, a comprehensive interagency strategy and implementation plan for long-term security and stability in Pakistan. Authorizes appropriations for: (1) Pakistan; and (2) the Pakistan Counterinsurgency Capability Fund.

To require the President to develop a comprehensive interagency strategy and implementation plan for long-term security and stability in Pakistan, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Data Broker Accountability and Transparency Act''. SEC. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Data broker.--The term ``data broker'' means a commercial entity that collects, assembles, or maintains personal information concerning an individual who is not a customer or an employee of that entity in order to sell the information or provide third party access to the information. (3) Non-public information.--The term ``non-public information'' means information about an individual that is of a private nature, not available to the general public, and not obtained from a public record. (4) Public record information.--The term ``public record information'' means information about an individual that has been obtained originally from records of a Federal, State, or local government entity that are available for public inspection. SEC. 3. PROHIBITION ON OBTAINING OR SOLICITATION TO OBTAIN PERSONAL INFORMATION BY FALSE PRETENSES. (a) In General.--It shall be unlawful for a data broker to obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, personal information or any other information relating to any person by making a false, fictitious, or fraudulent statement or representation to any person, including by providing any document to any person, that the data broker knows or should know to be forged, counterfeit, lost, stolen, or fraudulently obtained, or contains a false, fictitious, or fraudulent statement or representation. (b) Solicitation.--It shall be unlawful for a data broker to request a person to obtain personal information, or any other information, relating to any other person if the data broker knows or should know that the person to whom the request is made will obtain or attempt to obtain that information in the manner described in subsection (a). SEC. 4. PERSONAL INFORMATION. (a) Accuracy.--A data broker shall establish reasonable procedures to ensure the maximum possible accuracy of the personal information it collects, assembles, or maintains, and any other information it collects, assembles, or maintains that specifically identifies an individual, unless the information only identifies an individual's name or address. (b) Exception; Fraud Databases.--Notwithstanding subsection (a), a data broker may collect or maintain information that may be inaccurate with respect to a particular individual if that information is being collected or maintained solely for the purpose of-- (1) indicating whether there may be a discrepancy or irregularity in the personal information that is associated with an individual; (2) helping to identify, or to authenticate the identity of, an individual; or (3) helping to protect against or investigate fraud or other unlawful conduct. (c) Consumer Access.--A data broker shall provide an individual a means to review any personal information or other information that specifically identifies that individual, that the data broker collects, assembles, or maintains on that individual, unless an exception applies under section 5. (d) Review Requirements.--The means for review under subsection (c) shall be provided-- (1) at an individual's request; (2) after verifying the identity of the individual; (3) at least 1 time per year; and (4) at no cost to the individual. (e) Notice.--A data broker shall maintain an Internet Web site and place a clear and conspicuous notice on that Internet Web site instructing an individual-- (1) how to review the information described under subsection (c); and (2) how to express a preference with respect to the use of personal information for marketing purposes under subsection (g). (f) Disputed Information.--An individual whose personal information is maintained by a data broker may dispute the accuracy of any information described under subsection (c) by requesting, in writing, that the data broker correct the information. A data broker, after verifying the identity of the individual making the request, and unless there are reasonable grounds to believe the request is frivolous or irrelevant, shall-- (1) with regard to public record information-- (A) inform the individual of the source of the information and, if reasonably available, where to direct the individual's request for correction; or (B) if the individual provides proof that the public record has been corrected or that the data broker was reporting the information incorrectly, correct the inaccuracy in the data broker's records; and (2) with regard to non-public information-- (A) note the information that is disputed, including the individual's written request; (B) if the information can be independently verified, use the reasonable procedures established under subsection (a) to independently verify the information; and (C) if the data broker was reporting the information incorrectly, correct the inaccuracy in the data broker's records. (g) Certain Marketing Information.--A data broker that maintains any information described under subsection (a) and that uses, shares, or sells that information for marketing purposes shall provide each individual whose information it maintains with a reasonable means of expressing a preference not to have that individual's information used for those purposes. If an individual expresses such a preference, the data broker may not use, share, or sell that individual's information for marketing purposes. (h) Persons Regulated by the Fair Credit Reporting Act.--A data broker shall be deemed in compliance with this section with respect to information that is subject to the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) if the data broker is in compliance with sections 609, 610, and 611 of that Act (15 U.S.C. 1681g, 1681h, 1681i). SEC. 5. REGULATIONS. Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate regulations under section 553 of title 5, United States Code, to implement and enforce the requirements of this Act, including-- (1) a requirement that a data broker establish measures that facilitate the auditing or retracing of any internal or external access to, or transmission of, any data containing personal information collected, assembled, or maintained by the data broker; (2) the establishment of a centralized Internet Web site for the benefit of consumers that lists the data brokers subject to section 4 and provides additional information to consumers about their rights under this Act; (3) if the Commission considers a data broker outside the scope of the purposes of this Act, the exclusion of that data broker from the applicability of this Act, such as, if the Commission considers it appropriate for exclusion, a data broker who processes information collected by or on behalf of and received from or on behalf of a nonaffiliated third party concerning an individual who is a customer or an employee of that third party to enable that third party, directly or through parties acting on its behalf, to provide benefits for its employees or directly transact business with its customers; (4) any exceptions, that the Commission considers necessary, to the auditing and retracing requirements under paragraph (1) to further or protect law enforcement or national security activities; and (5) any exceptions, that the Commission considers necessary, to an individual's right to review the information described under section 4(c), such as for child protection, law enforcement, fraud prevention, or other legitimate government purposes. SEC. 6. ENFORCEMENT. (a) In General.--A violation of a regulation prescribed under this Act shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Powers of Commission.--The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any data broker who violates a regulation prescribed under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (c) Enforcement by State Attorneys General.-- (1) Civil action.--Except as provided under paragraph (3)(B), in any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by a data broker who violates a regulation prescribed under this Act, the attorney general, official, or agency of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction-- (A) to enjoin further violation of this Act by the defendant; (B) to compel compliance with this Act; (C) to obtain damages, restitution, or other compensation on behalf of such residents, or to obtain such further and other relief as the court may deem appropriate; or (D) to obtain civil penalties in the amount determined under paragraph (2). (2) Civil penalties.-- (A) Calculation.--For purposes of imposing a civil penalty under paragraph (1)(D), the amount determined under this paragraph is the amount calculated by multiplying the number of separate violations of a rule by an amount not greater than $16,000. (B) Adjustment for inflation.--Beginning on the date that the Consumer Price Index is first published by the Bureau of Labor Statistics that is after 1 year after the date of enactment of this Act, and each year thereafter, the amount specified in subparagraph (A) shall be increased by the percentage increase in the Consumer Price Index published on that date from the Consumer Price Index published the previous year. (3) Intervention by the commission.-- (A) Notice.--A State shall provide prior written notice of any civil action under paragraph (1) to the Commission and provide the Commission with a copy of its complaint, except in any case in which such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. (B) Intervention by the commission.--The Commission shall have the right-- (i) to intervene in the civil action under paragraph (1); (ii) upon so intervening, to be heard on all matters arising in that civil action; and (iii) to file petitions for appeal of a decision in that civil action. (C) Limitation on state action while federal action is pending.--If the Commission has instituted a civil action for violation of this Act, no State attorney general, or official or agency of a State, may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this Act alleged in the complaint. (4) Construction.--For purposes of bringing any civil action under paragraph (1), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State-- (A) to conduct investigations; (B) to administer oaths or affirmations; or (C) to compel the attendance of witnesses or the production of documentary and other evidence. SEC. 7. EFFECT ON OTHER LAWS. (a) Preservation of Commission Authority.--Nothing in this Act may be construed in any way to limit or affect the Commission's authority under any other provision of law. (b) Preservation of Other Federal Law.--Nothing in this Act may be construed in any way to supersede, restrict, or limit the application of the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) or any other Federal law.

Data Broker Accountability and Transparency Act - Prohibits a data broker from obtaining or causing to be disclosed personal information or any other information relating to any person by making a false, fictitious, or fraudulent statement or representation to any person, including by providing to any person any document that the data broker knows or should know to be forged, counterfeit, lost, stolen, or fraudulently obtained or that contains a false, fictitious, or fraudulent statement or representation. Defines "data broker" as a commercial entity that collects, assembles, or maintains personal information concerning an individual who is not a customer or an employee in order to sell, or provide third-party access to, such information. Requires data brokers to establish procedures to ensure the accuracy of the personal information they collect, assemble, or maintain and of any other information that specifically identifies an individual, unless the information identifies only names or addresses. Exempts from such requirements information that may be inaccurate if it is collected or maintained solely to: (1) indicate whether there may be a discrepancy or irregularity in the personal information associated with an individual; (2) identify or authenticate the identity of an individual; or (3) protect against or investigate fraud or other unlawful conduct. Requires data brokers to provide individuals a means to review certain information collected, assembled, or maintained on such individuals, unless a regulatory exception promulgated by the Federal Trade Commission (FTC) applies. Requires data brokers to maintain an Internet website that instructs individuals how to: (1) review their information, and (2) express a preference with respect to the use of their personal information for marketing purposes. Permits individuals to dispute the accuracy of their information with a written request that the data broker make a correction. Requires a data broker, with regard to disputed public record information, to: (1) inform the individual of the source of the information and, if reasonably available, where to direct the individual's request for correction; or (2) correct the inaccuracy in the data broker's records if the individual provides proof that the public record has been corrected or that the data broker was reporting the information incorrectly. Defines "public record information" as information obtained originally from records of a federal, state, or local government entity that are available for public inspection. Requires a data broker, with regard to disputed non-public information, to: (1) note the information that is disputed, (2) use reasonable procedures to independently verify the information, and (3) correct the inaccuracy in the data broker's records if the data broker was reporting the information incorrectly. Requires data brokers that use, share, or sell certain information for marketing purposes to provide individuals a reasonable means of expressing a preference to exclude their information from being used for such purposes. Sets forth the authority of the FTC and states to enforce this Act.

Data Broker Accountability and Transparency Act

SECTION 1. GRANT PROGRAM FOR GIFTED AND TALENTED STUDENTS. (a) Short Title.--This Act may be cited as the ``Gifted and Talented Students Education Act of 2003''. (b) Amendment.--Subpart 6 of part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7253 et seq.) is amended by adding at the end the following: ``Chapter B--Grant Program For Gifted and Talented Students ``SEC. 5467. FINDINGS; ESTABLISHMENT OF PROGRAM; AUTHORIZED ACTIVITIES. ``(a) Findings.--Congress makes the following findings: ``(1) Gifted and talented students give evidence of high performance capability in specific academic fields, or in areas such as intellectual, creative, artistic, or leadership capacity, and require services or activities not ordinarily provided by a school in order to fully develop such capabilities. Gifted and talented students are from all cultural, racial, and ethnic backgrounds, and socioeconomic groups. Some such students have disabilities and for some, English is not their first language. Many students from such diverse backgrounds have been historically underrepresented in gifted education programs. ``(2) Elementary school students who are gifted and talented have already mastered 35 to 50 percent of the material covered in a school year in several subject areas before the school year begins. ``(3) Elementary school and secondary school teachers have students in their classrooms with a wide variety of traits, characteristics, and needs. Most teachers receive some training to meet the needs of these students, such as students with limited English proficiency, students with disabilities, and students from diverse cultural and racial backgrounds. However, most teachers do not receive training on meeting the needs of students who are gifted and talented. ``(4) While the families or communities of some gifted students can provide private programs with appropriately trained staff to supplement public educational offerings, most high-ability students, especially those from inner cities, rural communities, or low-income families, must rely on the services and personnel provided by public schools. Therefore, gifted education programs, provided by qualified professionals in the public schools, are needed to provide equal educational opportunities. ``(5) Parents and families are essential partners to schools in developing appropriate educational services for gifted and talented students. They need access to information, research, and support regarding the characteristics of gifted children and their educational, and social and emotional needs, as well as information on available strategies and resources for education in State and local communities. ``(6) There currently is no Federal requirement to identify or serve the Nation's approximately 3,000,000 gifted and talented students. ``(7) While some States and local educational agencies allocate resources to educate gifted and talented students, others do not. Additionally, State laws, and State and local funding, identification, and accountability mechanisms vary widely, resulting in a vast disparity of services for this special-needs population. ``(8) To meet the future economic and national security needs of the United States, it is important that more students achieve to higher levels, and that highly capable students receive an education that prepares them to perform the most highly innovative and creative work that is necessary to secure our Nation's position in the world. ``(9) The performance of twelfth-grade advanced students in the United States on the Third International Mathematics and Science Study (TIMSS) was among the lowest in the world. In each of 5 physics content areas in the study and in each of 3 mathematics content areas in the study, the performance of physics and advanced mathematics students in the United States was among the lowest of the participating countries. ``(10) In 1990, fewer than 2 cents out of every $100 spent on elementary and secondary education in the United States was devoted to providing challenging programming for the Nation's gifted and talented students. ``(b) Program Authorized.-- ``(1) Competitive grants to states.--If the amount appropriated under section 5468 for a fiscal year is greater than $7,500,000 but less than $57,500,000, then the Secretary may use such amount to award grants, on a competitive basis, to State educational agencies to enable the State educational agencies to award grants to local educational agencies under section 5467C for developing or expanding gifted and talented education programs, and providing direct educational services and materials. ``(2) Formula grants to states.--If the amount appropriated under section 5468 for a fiscal year equals or exceeds $57,500,000, then the Secretary may use such amount to award grants to State educational agencies, from allotments under section 5467B, to enable the State educational agencies to award grants to local educational agencies under section 5467C for developing or expanding gifted and talented education programs, and providing direct educational services and materials. ``(c) Authorized Activities.--Grant funds provided under this chapter shall be used to carry out 1 or more of the following activities: ``(1) Any activity described in paragraph (2), (4), (6), or (7) of section 5464(b). ``(2) Providing direct educational services and materials to gifted and talented students, which may include curriculum compacting, modified or adapted curriculum, acceleration, independent study, and dual enrollment. ``(d) Limitations on Use of Funds.-- ``(1) Course work provided through emerging technologies.-- Grant funds provided under this chapter that are used for activities described in section 5464(b)(7) may include development of curriculum packages, compensation of distance- learning educators, or other relevant activities, but grant funds provided under this chapter may not be used for the purchase or upgrading of technological hardware. ``(2) State use of funds.-- ``(A) In general.--A State educational agency receiving a grant under this chapter may not use more than 10 percent of the grant funds for-- ``(i) dissemination of general program information; ``(ii) providing technical assistance under this chapter; ``(iii) monitoring and evaluation of programs and activities assisted under this chapter; ``(iv) providing support for parental education; or ``(v) creating a State gifted education advisory board. ``(B) Administrative costs.--A State educational agency may use not more than 50 percent of the funds made available to the State educational agency under subparagraph (A) for administrative costs. ``SEC. 5467A. ALLOTMENTS TO STATES. ``(a) Reservation of Funds.--From the amount made available to carry out this chapter for any fiscal year, the Secretary shall reserve \1/2\ of 1 percent for the Secretary of the Interior for programs under this chapter for teachers, other staff, and administrators in schools operated or funded by the Bureau of Indian Affairs. ``(b) State Allotments.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary shall allot the total amount made available to carry out this chapter for any fiscal year and not reserved under subsection (a) to the States on the basis of their relative populations of individuals aged 5 through 17, as determined by the Secretary on the basis of the most recent satisfactory data. ``(2) Minimum grant amount.--No State receiving an allotment under paragraph (1) may receive less than \1/2\ of 1 percent of the total amount allotted under such paragraph. ``(c) Reallotment.--If any State does not apply for an allotment under this section for any fiscal year, then the Secretary shall reallot such amount to the remaining States in accordance with this section. ``SEC. 5467B. STATE APPLICATION. ``(a) In General.--To be eligible to receive a grant under this chapter, a State educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(b) Contents.--Each application under this section shall include assurances that-- ``(1) the funds received under this chapter will be used to identify and support gifted and talented students, including gifted and talented students from all economic, ethnic, and racial backgrounds, such students of limited English proficiency, and such students with disabilities; ``(2) the funds not retained by the State educational agency shall be used for the purpose of making, in accordance with this chapter and on a competitive basis, grants to local educational agencies; ``(3) the funds received under this chapter shall be used only to supplement, but not supplant, the amount of State and local funds expended for the education of, and related services for, gifted and talented students; ``(4) the State educational agency will provide matching funds for the activities to be assisted under this chapter in an amount equal to not less than 10 percent of the grant funds to be received, which matching funds may be provided in cash or in kind; and ``(5) the State educational agency shall develop and implement program assessment models to ensure program accountability and to evaluate educational effectiveness. ``(c) Approval.--To the extent funds are made available to carry out this chapter, the Secretary shall approve an application of a State if such application meets the requirements of this section. ``SEC. 5467C. DISTRIBUTION TO LOCAL EDUCATIONAL AGENCIES. ``(a) Grant Competition.--A State educational agency shall use not less than 90 percent of the funds made available to the State educational agency under this chapter to award grants to local educational agencies (including consortia of local educational agencies) to enable the local educational agencies to carry out the authorized activities described in section 5467(c). ``(b) Competitive Process.--Funds provided under this chapter to local educational agencies shall be distributed to local educational agencies through a competitive process that results in an equitable distribution by geographic area within the State. ``(c) Size of Grant.--A State educational agency shall award a grant under subsection (a) for any fiscal year in an amount sufficient to meet the needs of the students to be served under the grant. ``SEC. 5467D. LOCAL APPLICATIONS. ``(a) Application.--To be eligible to receive a grant under this chapter, a local educational agency (including a consortium of local educational agencies) shall submit an application to the State educational agency. ``(b) Contents.--Each application under this section shall include-- ``(1) an assurance that the funds received under this chapter will be used to identify and support gifted and talented students, including gifted and talented students from all economic, ethnic, and racial backgrounds, such students of limited English proficiency, and such students with disabilities; ``(2) a description of how the local educational agency will meet the educational needs of gifted and talented students, including the training of personnel in the education of gifted and talented students; and ``(3) an assurance that funds received under this chapter will be used to supplement, not supplant, the amount of funds the local educational agency expends for the education of, and related services for, gifted and talented students. ``SEC. 5467E. ANNUAL REPORTING. ``Beginning 1 year after the date of enactment of the Gifted and Talented Students Education Act of 2003 and for each year thereafter, the State educational agency shall submit an annual report to the Secretary that describes the number of students served and the activities supported with funds provided under this chapter. The report shall include a description of the measures taken to comply with paragraphs (1) and (4) of section 5467B(b). ``SEC. 5467F. CONSTRUCTION. ``Nothing in this chapter shall be construed to prohibit a recipient of funds under this chapter from serving gifted and talented students simultaneously with students with similar educational needs, in the same educational settings where appropriate. ``SEC. 5467G. PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND TEACHERS. ``In making grants under this chapter, the Secretary shall ensure, where appropriate, that provision is made for the equitable participation of students and teachers in private nonprofit elementary schools and secondary schools, including the participation of teachers and other personnel in professional development programs serving such children. ``SEC. 5467H. DEFINITIONS. ``For purposes of this chapter: ``(1) Gifted and talented.-- ``(A) In general.--Except as provided in subparagraph (B), the term `gifted and talented' when used with respect to a person or program-- ``(i) has the meaning given the term under applicable State law; or ``(ii) in the case of a State that does not have a State law defining the term, has the meaning given such term by definition of the State educational agency or local educational agency involved. ``(B) Special rule.--In the case of a State that does not have a State law that defines the term, and the State educational agency or local educational agency has not defined the term, the term has the meaning given the term in section 9101. ``(2) State.--The term `State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. ``Chapter C--Authorization of Appropriations ``SEC. 5468. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subpart $170,000,000 for each of fiscal years 2004 through 2010, of which-- ``(1) $7,500,000 shall be available for each fiscal year to carry out chapter A; and ``(2) the remainder shall be available for each fiscal year to carry out chapter 2.''. SEC. 2. TECHNICAL AND CONFORMING AMENDMENTS. Subpart 6 of part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7253 et seq.) is amended-- (1) by inserting after the subpart designation the following: ``Chapter A--Jacob K. Javits Gifted and Talented Students Education Program''; (2) in section 5461 (20 U.S.C. 7253), by striking ``This part'' and inserting ``This chapter''; (3) by striking ``this part'' each place the term appears and inserting ``this chapter''; and (4) in section 5464 (20 U.S.C. 7253c)-- (A) by striking subsection (c); and (B) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.

Gifted and Talented Students Education Act of 2003 - Amends the Elementary and Secondary Education Act of 1965 to establish a grants program for gifted and talented students.Authorizes the Secretary of Education to award such grants to State educational agencies to make subgrants to local educational agencies to develop or expand gifted and talented education programs, and provide direct educational services and materials. Requires such grants to be made on a competitive basis if appropriations are within certain minimum and maximum amounts, and on a formula basis if appropriations exceed such specified maximum. Sets forth authorized State and local uses of grant funds and authorized activities. Prohibits use of such funds for purchase or upgrading of technological hardware. Directs the Secretary to ensure, where appropriate, that provision is made for the equitable participation of students and teachers in private nonprofit elementary schools and secondary schools, including the participation of teachers and other personnel in professional development programs serving such children.

A bill to provide a grant program for gifted and talented students, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Innovation Protection Act''. SEC. 2. PATENT AND TRADEMARK OFFICE FUNDING. (a) Definitions.--In this section: (1) Director.--The term ``Director'' means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. (2) Fund.--The term ``Fund'' means the United States Patent and Trademark Office Public Enterprise Revolving fund established under subsection (c). (3) Office.--The term ``Office'' means the United States Patent and Trademark Office. (4) Trademark act of 1946.--The term ``Trademark Act of 1946'' means the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (15 U.S.C. 1051 et seq.) (commonly referred to as the ``Trademark Act of 1946'' or the ``Lanham Act''). (b) Funding.-- (1) In general.--Section 42 of title 35, United States Code, is amended-- (A) in subsection (b), by striking ``Patent and Trademark Office Appropriation Account'' and inserting ``United States Patent and Trademark Office Public Enterprise Fund''; and (B) in subsection (c)-- (i) in paragraph (1)-- (I) in the first sentence, by striking ``To the extent'' and all that follows through ``fees'' and inserting ``Fees''; and (II) by striking ``shall be collected by and shall, subject to paragraph (3), be available to the Director'' and inserting ``shall be collected by, and shall be available to, the Director until expended''; and (ii) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (2) Effective date.--The amendments made by paragraph (1) shall take effect on the first day of the first fiscal year that begins on or after the date of the enactment of this Act. (c) USPTO Revolving Fund.-- (1) Establishment.--There is established in the Treasury of the United States a revolving fund to be known as the ``United States Patent and Trademark Office Public Enterprise Fund''. Any amounts in the Fund shall be available for use by the Director without fiscal year limitation. (2) Derivation of resources.-- (A) In general.--There shall be deposited into the Fund on and after the effective date set forth in subsection (b)(2)-- (i) any fees collected under title 35, United States Code; and (ii) any fees collected under the Trademark Act of 1946 (15 U.S.C. 1051 et seq.). (B) Remaining balances.--There shall be deposited in the Fund, on the effective date set forth in subsection (b)(2), any unobligated balances remaining in the Patent and Trademark Office Appropriation Account, and in the Patent and Trademark Fee Reserve Fund established under section 42(b)(2) of title 31, United States Code, as in effect on the day before such effective date. Upon the payment of all obligated amounts in the Patent and Trademark Fee Reserve Fund, the Patent and Trademark Fee Reserve Fund shall be terminated. (3) Expenses.--Amounts deposited into the Fund under paragraph (2) shall be available, without fiscal year limitation, to cover-- (A) all expenses, to the extent consistent with the limitation on the use of fees set forth in section 42(c) of title 35, United States Code, including all administrative and operating expenses, determined in the discretion of the Director to be ordinary and reasonable, incurred by the Director for the continued operation of all services, programs, activities, and duties of the Office relating to patents and trademarks, as such services, programs, activities, and duties are described under-- (i) title 35, United States Code; and (ii) the Trademark Act of 1946; and (B) all expenses incurred pursuant to any obligation, representation, or other commitment of the Office. (d) Annual Report and Operation Plan.--Not later than 60 days after the end of each fiscal year, the Director shall submit to Congress a report that-- (1) summarizes the operations of the Office for the preceding fiscal year, including financial details and staff levels broken down by each major activity of the Office; (2) describes the long term modernization plans of the Office; (3) sets forth details of any progress towards such modernization plans made in the preceding fiscal year; and (4) includes the results of the most recent audit carried out under subsection (f). (e) Annual Spending Plan.-- (1) In general.--Not later than 30 days after the beginning of each fiscal year, the Director shall notify the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate of the plan for the obligation and expenditure by the Office of the total amount of the funds for that fiscal year in accordance with section 605 of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 2334). (2) Contents.--Each plan under paragraph (1) shall-- (A) summarize the operations of the Office for the current fiscal year, including financial details and staff levels with respect to major activities; and (B) detail the operating plan of the Office, including specific expense and staff needs, for the current fiscal year. (f) Audit.--The Director shall, on an annual basis, provide for an independent audit of the financial statements of the Office. Such audit shall be conducted in accordance with generally accepted accounting principles. (g) Budget.--The Fund shall prepare and submit each year to the President a business-type budget in such manner, and before such date, as the President prescribes by regulation.

Innovation Protection Act - Establishes in the Treasury the United States Patent and Trademark Office Public Enterprise Fund (Public Enterprise Fund) to be used as a revolving fund by the Director of the U.S. Patent and Trademark Office (USPTO) without fiscal year limitation. Requires to be credited to or deposited in the Public Enterprise Fund: (1) appropriations for defraying the costs of USPTO activities; (2) fees collected under federal patent and trademark laws; and (3) any unobligated balances remaining in the Patent and Trademark Office Appropriation Account and in the Patent and Trademark Fee Reserve Fund. (Thus, replaces the Patent and Trademark Office Appropriation Account, eliminates the Patent and Trademark Fee Reserve Fund, and provides a source of permanent funding for the USPTO.) Requires fees collected by the Director to remain available to the Director until expended. Makes the Public Enterprise Fund available to cover: (1) ordinary and reasonable administrative, operating, and other expenses incurred by the Director for the continued operation of USPTO services, programs, activities, and duties relating to patents and trademarks; and (2) expenses incurred pursuant to obligations, representations, or other commitments of the USPTO. Requires the Director, on an annual basis, to: (1) report to Congress with operation and spending plans, including financial details and staff levels broken down by each major activity; (2) provide for an independent audit of USPTO financial statements; and (3) submit a budget to the President.

Innovation Protection Act

SECTION 1. INDEPENDENT SAFETY ASSESSMENTS. Section 103 of the Atomic Energy Act of 1954 (42 U.S.C. 2133) is amended by inserting after subsection d. the following: ``e. Independent Safety Assessments.-- ``(1) Development of procedure.--Not later than 90 days after the date of enactment of this subsection, the Nuclear Regulatory Commission (referred to in this subsection as the `Commission') shall develop an independent safety assessment procedure. ``(2) Conduct of assessment.-- ``(A) Definition of eligible requestor.--In this paragraph, the term `eligible requestor' means-- ``(i) a Governor of a State in which a facility of a licensee is located; ``(ii) a public utility commission of a State in which a facility of a licensee is located; and ``(iii) a Governor of a State that-- ``(I) because of dangers to the public relating to potential ingestion of water or foods that have been contaminated with radiation from a commercial nuclear power plant, is located in an emergency planning zone, as defined in section 350.2 of title 44, Code of Federal Regulations (or a successor regulation); and ``(II) is not the same State in which the facility of the licensee is located. ``(B) Request of assessment.-- ``(i) In general.--At the request of an eligible requestor, the Commission shall conduct an independent safety assessment in accordance with the independent safety assessment procedure developed under paragraph (1) if the licensee has-- ``(I) applied to the Commission for-- ``(aa) an extension of the operating license of the licensee; or ``(bb) approval of an extended power uprate for the licensee; or ``(II) during any 5-year period, received, under the reactor oversight process of the Commission, 2 or more greater-than-green inspection findings. ``(ii) Conduct of assessment.--The Commission shall conduct an assessment requested by an eligible requestor under clause (i) not later than 18 months after the date on which the eligible requestor requested the assessment. ``(3) Inspection of facility.-- ``(A) In general.--In conducting an independent safety assessment under paragraph (2)(B), the Commission shall inspect the design, construction, maintenance, and operational safety performance of the facility of the licensee. ``(B) Scope of inspection.--An inspection of a facility of a licensee conducted under subparagraph (A) shall-- ``(i) be at least equal in scope, depth, and breadth to the independent safety assessment conducted in 1996 by the Commission of the Maine Yankee Nuclear Power Plant, located in Wiscasset, Maine; and ``(ii) include an examination of the systems of the facility of the licensee, including-- ``(I) the reactor containment systems; ``(II) the reactor emergency core cooling systems; ``(III) the control room and containment ventilation systems; ``(IV) the electrical system (including testing of relevant transients); ``(V) the condensate and feedwater systems; ``(VI) the spent fuel storage systems; ``(VII) any other system requested by the Governor of the State, or a public utility commission of the State, in which the facility of the licensee is located; and ``(VIII) any other system identified by a majority of the members of an inspection team described in paragraph (4). ``(4) Inspection teams.-- ``(A) In general.--An independent safety assessment conducted under paragraph (2)(B) shall be conducted by an inspection team. ``(B) Composition.--An inspection team shall be composed of not less than 25 members, of whom-- ``(i) not less than 16 members shall be-- ``(I) employees of the Commission; and ``(II) unaffiliated with the regional office of the Commission in the region in which the facility of the licensee is located; ``(ii) not less than 6 members shall be independent contractors who have not worked for, or at-- ``(I) the facility of the licensee; or ``(II) any other nuclear power plant owned or operated by the owner or operator of the facility of the licensee; and ``(iii) not less than 3 members shall be appointed by the eligible requestor. ``(5) Report.-- ``(A) Preparation of preliminary report.--Not later than 90 days after the date on which an inspection team completes an independent safety assessment of a facility of a licensee under paragraph (2)(B), the inspection team shall prepare a preliminary report describing the findings and recommendations of the inspection team. ``(B) Availability of preliminary report.--For a period of 90 days beginning on the date on which the inspection team completes a preliminary report prepared under subparagraph (A), the inspection team shall make available for review and comment by the public a copy of the preliminary report. ``(C) Consideration of comments.--In preparing a final version of a preliminary report developed under subparagraph (A), the inspection team shall take into consideration any comments received from the public that are appropriate, as determined by the inspection team. ``(D) Submission of final version.--Not later than 90 days after the date on which the period of review and public comment ends under subparagraph (B), the inspection team shall submit to the Commission a final version of the preliminary report developed under subparagraph (A). ``(6) Affect on licensing actions.--A final decision by the Commission of whether to extend an operating license, approve an extended power uprate, or continue to operate under a license at a facility of a licensee assessed under paragraph (2)(B) shall not be made until the later of the date on which-- ``(A) the Commission has completed the independent safety assessment of the facility of the licensee; and ``(B) the licensee has fully accepted and implemented each finding and recommendation of the report approved by the Commission relating to the independent safety assessment of the facility of the licensee submitted under paragraph (5)(D). ``(7) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $10,000,000 for each of fiscal years 2008 through 2012, to remain available until expended.''.

Amends the Atomic Energy Act of 1954 to direct the Nuclear Regulatory Commission (NRC) to: (1) develop an independent safety assessment procedure for nuclear facilities; and (2) create a team to inspect the design, construction, maintenance, and operational safety performance of a facility. Declares that a final NRC decision on whether to extend an operating license, approve an extended power uprate, or continue to operate a facility shall not be made until: (1) the NRC has completed the independent safety assessment of the facility; and (2) the licensee has fully accepted and implemented each NRC-approved finding and recommendation of the assessment report

To amend the Atomic Energy Act of 1954 to improve and strengthen the safety inspection process of nuclear facilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Colleges and Universities Faculty Loan Forgiveness Act''. SEC. 2. LOAN REPAYMENT OR CANCELLATION FOR INDIVIDUALS WHO TEACH IN TRIBAL COLLEGES OR UNIVERSITIES. (a) Perkins Loans.-- (1) Amendment.--Section 465(a) of the Higher Education Act of 1965 (20 U.S.C. 1087ee(a)) is amended-- (A) in paragraph (2)-- (i) in subparagraph (H), by striking ``or'' after the semicolon; (ii) in subparagraph (I), by striking the period and inserting ``; or''; and (iii) by adding at the end the following: ``(J) as a full-time faculty member at a Tribal College or University as defined in section 316(b).''; and (B) in paragraph (3)(A)(i), by striking ``or (I)'' and inserting ``(I), or (J)''. (2) Effective date.--The amendments made by paragraph (1) shall be effective for service performed during academic year 2005-2006 and succeeding academic years, notwithstanding any contrary provision of the promissory note under which a loan under part E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.) was made. (b) FFEL and Direct Loans.--Part G of title IV of the Higher Education Act of 1965 (20 U.S.C. 1088 et seq.) is amended by adding at the end the following: ``SEC. 493C. LOAN REPAYMENT OR CANCELLATION FOR INDIVIDUALS WHO TEACH IN TRIBAL COLLEGES OR UNIVERSITIES. ``(a) Program Authorized.--The Secretary shall carry out a program, through the holder of a loan, of assuming or canceling the obligation to repay a qualified loan amount, in accordance with subsection (b), for any new borrower on or after the date of enactment of the Tribal Colleges and Universities Faculty Loan Forgiveness Act, who-- ``(1) has been employed as a full-time faculty member at a Tribal College or University as defined in section 316(b); and ``(2) is not in default on a loan for which the borrower seeks repayment or cancellation. ``(b) Qualified Loan Amounts.-- ``(1) Percentages.--Subject to paragraph (2), the Secretary shall assume or cancel the obligation to repay under this section-- ``(A) 15 percent of the amount of all loans made, insured, or guaranteed after the date of enactment of the Tribal Colleges and Universities Faculty Loan Forgiveness Act to a student under part B or D, for the first or second year of employment described in subsection (a)(1); ``(B) 20 percent of such total amount, for the third or fourth year of such employment; and ``(C) 30 percent of such total amount, for the fifth year of such employment. ``(2) Maximum.--The Secretary shall not repay or cancel under this section more than $15,000 in the aggregate of loans made, insured, or guaranteed under parts B and D for any student. ``(3) Treatment of consolidation loans.--A loan amount for a loan made under section 428C may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a loan made, insured, or guaranteed under part B or D for a borrower who meets the requirements of subsection (a), as determined in accordance with regulations prescribed by the Secretary. ``(c) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(d) Effect on Section.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. ``(e) Prevention of Double Benefits.--No borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). ``(f) Definition.--For purposes of this section, the term `year', when applied to employment as a faculty member, means an academic year as defined by the Secretary.''. SEC. 3. LOAN REPAYMENT FOR NURSING INSTRUCTORS AT TRIBAL COLLEGES OR UNIVERSITIES. Section 846(a)(3) of the Public Health Service Act (42 U.S.C. 297n(a)(3)) is amended-- (1) by striking ``(3)'' and inserting ``(3)(A)''; (2) by inserting ``or'' after the semicolon; and (3) by adding at the end the following: ``(B) who is a nursing instructor at a tribally controlled college or university (as such term is defined in section 2 of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801), or any institution listed in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note));''. SEC. 4. AMOUNTS FORGIVEN NOT TREATED AS GROSS INCOME. The amount of any loan that is assumed or canceled under an amendment made by this Act shall not, consistent with section 108(f) of the Internal Revenue Code of 1986, be treated as gross income for Federal income tax purposes.

Tribal Colleges and Universities Faculty Loan Forgiveness Act - Amends the Higher Education Act of 1965 to provide for the cancellation of a specified percentage of the total amount of any Federal Perkins loan, Federal Family Education loan, or direct student loan for each year of employment (up to five) as a full-time faculty member at a tribal college or university if the borrower is not in default on such loan. Requires the Secretary to assume or cancel the obligation to repay: (1) 15% of the amount of all such loans made, insured, or guaranteed after enactment of this Act to a student for the first or second year of employment; (2) 20% for the third or fourth year of such employment; and (3) 30% for the fifth year. Limits the total amount of loan repayment or cancellation per student to $15,000. Allows for repayment or cancellation of consolidation loans only to the extent of the qualified student loans involved. Prohibits a borrower from receiving, for the same service, both a benefit from this Act and a benefit from the National Community Service Act of 1990. Amends the Public Health Service Act to provide for repayment by the Secretary of Health and Human Services of educational loans for nurse training costs on behalf of nursing instructors at tribal colleges or universities, or any land-grant institution listed in the Equity in Educational Land-Grant Status Act of 1994. Provides that the amount of any loan forgiven under this Act shall not be treated as gross income for federal tax purposes.

A bill to recruit and retain more qualified individuals to teach in Tribal Colleges or Universities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``ANCSA Unrecognized Community Landless Natives Authorization Act of 2017''. SEC. 2. UNRECOGNIZED SOUTHEAST ALASKA NATIVE COMMUNITIES RECOGNITION AND COMPENSATION. (a) Purpose.--The purpose of this section is to redress the omission of the southeastern Alaska communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell from eligibility by authorizing the Native people enrolled in the communities-- (1) to form Urban Corporations for the communities under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and (2) to receive certain settlement land pursuant to that Act. (b) Establishment of Additional Native Corporations.--Section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615) is amended by adding at the end the following: ``(e) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska.-- ``(1) In general.--The Native residents of each of the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, may organize as Urban Corporations. ``(2) Effect on entitlement to land.--Nothing in this subsection affects any entitlement to land of any Native Corporation established before the date of enactment of this subsection pursuant to this Act or any other provision of law.''. (c) Shareholder Eligibility.--Section 8 of the Alaska Native Claims Settlement Act (43 U.S.C. 1607) is amended by adding at the end the following: ``(d) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell.-- ``(1) In general.--The Secretary shall enroll to each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell those individual Natives who enrolled under this Act to the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell, respectively. ``(2) Number of shares.--Each Native who is enrolled to an Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell pursuant to paragraph (1) and who was enrolled as a shareholders of the Regional Corporation for Southeast Alaska on or before March 30, 1973, shall receive 100 shares of Settlement Common Stock in the respective Urban Corporation. ``(3) Natives receiving shares through inheritance.--If a Native received shares of stock in the Regional Corporation for Southeast Alaska through inheritance from a decedent Native who originally enrolled to the Native Village of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell and the decedent Native was not a shareholder in a Village or Urban Corporation, the Native shall receive the identical number of shares of Settlement Common Stock in the Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell as the number of shares inherited by that Native from the decedent Native who would have been eligible to be enrolled to the respective Urban Corporation. ``(4) Effect on entitlement to land.--Nothing in this subsection affects entitlement to land of any Regional Corporation pursuant to section 12(b) or 14(h)(8).''. (d) Distribution Rights.--Section 7 of the Alaska Native Claims Settlement Act (43 U.S.C. 1606) is amended-- (1) in subsection (j)-- (A) by striking ``(j) During'' and inserting the following: ``(j) Distribution of Corporate Funds and Other Net Income.-- ``(1) In general.--During''; (B) by striking ``Not less'' and inserting the following: ``(2) Minimum allocation.--Not less''; (C) by striking ``In the case'' and inserting the following: ``(3) Thirteenth regional corporation.--In the case''; and (D) by adding at the end the following: ``(4) Native villages of haines, ketchikan, petersburg, tenakee, and wrangell.--Native members of the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell who become shareholders in an Urban Corporation for such a Native Village shall continue to be eligible to receive distributions under this subsection as at-large shareholders of the Regional Corporation for Southeast Alaska.''; and (2) by adding at the end the following: ``(s) Effect of Amendatory Act.--Section 2 of the ANCSA Unrecognized Community Landless Natives Authorization Act of 2017 and the amendments made by that section shall not affect-- ``(1) the ratio for determination of revenue distribution among Native Corporations under this section; or ``(2) the settlement agreement among Regional Corporation or Village Corporations or other provisions of subsection (i) or (j).''. (e) Compensation.--The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``SEC. 43. URBAN CORPORATIONS FOR HAINES, KETCHIKAN, PETERSBURG, TENAKEE, AND WRANGELL. ``(a) Offer of Compensation.-- ``(1) In general.--On incorporation of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, the Secretary, in consultation and coordination with the Secretary of Commerce, and in consultation with representatives of each such Urban Corporation and the Regional Corporation for Southeast Alaska, shall offer as compensation, pursuant to this Act, 1 township of land (23,040 acres) to each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, in accordance with this subsection. ``(2) Local areas of historical, cultural, traditional, and economic importance.-- ``(A) In general.--The Secretary shall offer as compensation under this subsection local areas of historical, cultural, traditional, and economic importance to Alaska Natives from the Villages of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell. ``(B) Selection of land.--In selecting the land to be withdrawn and conveyed pursuant to this section, the Secretary-- ``(i) shall give preference to land with commercial purposes; ``(ii) may include subsistence and cultural sites, aquaculture sites, hydroelectric sites, tideland, surplus Federal property, and eco- tourism sites; and ``(iii) shall not include land within a conservation system unit (as defined in section 102 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3102)). ``(C) Contiguous, compact sites.--The land selected pursuant to this section shall be contiguous and reasonably compact tracts if practicable. ``(D) Valid existing rights.--The land selected pursuant to this section shall be subject to all valid existing rights and all other provisions of section 14(g), including any lease, contract, permit, right-of- way, or easement (including a lease issued under section 6(g) of the Act of July 7, 1958 (commonly known as the `Alaska Statehood Act') (48 U.S.C. note prec. 21; Public Law 85-508)). ``(b) Acceptance or Rejection of Offer.-- ``(1) In general.--Not later than 1 year after the date of the offer of compensation from the Secretary under subsection (a), each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell shall accept or reject the offer. ``(2) Resolution.--To accept or reject the offer, each such Urban Corporation shall provide to the Secretary a properly executed and certified corporate resolution that states that the offer proposed by the Secretary was voted on, and either approved or rejected, by a majority of the shareholders of the Urban Corporation. ``(3) Rejection of offer.--If the offer is rejected-- ``(A) the Secretary, in consultation with representatives of the Urban Corporation that rejected the offer and the Regional Corporation for Southeast Alaska, shall revise the offer; and ``(B) the Urban Corporation shall have an additional 180 days within which to accept or reject the revised offer. ``(c) Withdrawal and Conveyance of Land and Title.--Not later than 180 days after receipt of a corporate resolution of an Urban Corporation approving an offer of the Secretary under subsection (b)(1), the Secretary shall (as appropriate)-- ``(1) withdraw the land; ``(2) convey to the Urban Corporation title to the surface estate of the land; and ``(3) convey to the Regional Corporation for Southeast Alaska title the subsurface estate for the land. ``(d) Conveyance of Roads, Trails, Log Transfer Facilities, Leases, and Appurtenances.--The Secretary shall, without consideration of compensation, convey to the Urban Corporations of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, by quitclaim deed or patent, all right, title, and interest of the United States in all roads, trails, log transfer facilities, leases, and appurtenances on or related to the land conveyed to the Corporations pursuant to subsection (c). ``(e) Settlement Trust.-- ``(1) In general.--The Urban Corporations of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell may establish a settlement trust in accordance with section 39 for the purposes of promoting the health, education, and welfare of the trust beneficiaries, and preserving the Native heritage and culture, of the communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, respectively. ``(2) Proceeds and income.--The proceeds and income from the principal of a trust established under paragraph (1) shall-- ``(A) first be applied to the support of those enrollees, and the descendants of the enrollees, who are elders or minor children; and ``(B) then to the support of all other enrollees.''.

ANCSA Unrecognized Community Landless Natives Authorization Act of 2017 This bill amends the Alaska Native Claims Settlement Act to permit the Alaska Native residents of each of the Alaska Native villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, to organize as Alaska Native urban corporations and to receive certain settlement land. These urban corporations may establish a settlement trust to promote the health, education, and welfare of the trust beneficiaries, and preserve the Alaska Native heritage and culture of their communities.

ANCSA Unrecognized Community Landless Natives Authorization Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Refinancing Education Funding to Invest (REFI) for the Future Act of 2013''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) there is approximately $1,100,000,000,000 of outstanding student loan debt in the United States, including more than $150,000,000,000 in private education loans; (2) as of 2008, 81 percent of individuals graduating with an undergraduate degree with more than $40,000 in student loans had a private education loan; (3) the limited number of lenders in the private education loan marketplace reduce the ability of borrowers with private education loans to restructure, refinance, or negotiate repayment terms for their current loans, leading to excessive debt burdens and potential default; and (4) excessive student indebtedness reduces economic activity, threatens homeownership, hurts small business growth, and limits opportunities for economic expansion in rural communities. (b) Purpose.--The purpose of this Act is to spur economic growth, by establishing a mechanism to allow borrowers of private education loans to refinance their loans in order-- (1) to facilitate greater competition in the private education lending and refinancing markets; (2) to address inefficiencies in the private education lending and refinancing markets; (3) to encourage innovation in the private education refinancing markets; and (4) to promote the participation of private capital in the private education refinancing markets. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``private education loan'' has the same meaning as in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)); and (2) the term ``Secretary'' means the Secretary of the Treasury, other than in the context of the Secretary of Education. SEC. 4. TEMPORARY AUTHORITY TO CREATE A CREDIT FACILITY TO INCREASE MARKET EFFICIENCY IN THE STUDENT LOAN MARKET. (a) Authority.-- (1) In general.-- (A) Credit facilities authorization.--Upon a determination by the Secretary that borrowers are unable to secure adequate credit accommodations with existing private education loans, the Secretary, notwithstanding any provision of section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091), is authorized to establish lending, purchase, and other credit facilities to-- (i) accommodate reasonable refinancing opportunities or other loan adjustments that-- (I) improve the sustainability of payments for the borrower; and (II) reduce the likelihood of delinquency and default on private education loans; (ii) benefit borrowers that are most likely to have private student debt service obligations that represent a disproportionate share of their income; and (iii) ensure that borrowers pay lower interest rates that are commensurate with credit risk, so that they may pursue more economically productive activities, such as home purchases and small business formation. (B) Consultation.-- (i) In general.--Any determination under subparagraph (A) shall be made jointly with the Secretary of Education and the Director of the Bureau of Consumer Financial Protection. (ii) Compliance system.--Prior to establishing a facility under this subsection, the Secretary, or any administrator designated by the Secretary to establish a program to carry out the authority provided in this subsection, shall establish a compliance system in consultation with the Bureau of Consumer Financial Protection. (2) No net cost to government.--Mechanisms established under this subsection shall not result in any net cost to the Federal Government, as determined jointly by the Secretary, the Secretary of Education, and the Director of the Office of Management and Budget. (b) Federal Register Notice.--Prior to exercising any authority provided under subsection (a), the Secretary shall publish a notice in the Federal Register to seek comment from interested parties on its proposed exercise of such authority, including-- (1) the terms and conditions governing the lending, purchases, or other credit facilities authorized by subsection (a); (2) an outline of methodology and factors considered in the purchase or restructuring of private education loans; (3) private education loan modification options that may be available for existing loans; (4) how they will ensure that borrowers whose education debt service obligations represent a disproportionate share of their income will be provided relief; and (5) how the use of the methodology and factors, as proposed in the notice, will be used to ensure that any exercise of authority by the Secretary will result in no net cost to the Federal Government. (c) Initial Report.--Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that includes-- (1) a plan of the Secretary to implement credit mechanisms under the authority of this Act; (2) a description of macroeconomic benefits of increased efficiency and refinance activity in the student loan market; and (3) a description of the benefits through the use of such authority to private education loan borrowers, including how any incidental net gain from the credit mechanism would be used to benefit student borrowers. (d) Annual Reports.--Beginning 1 year after the date of the first use of the authority provided under this section, the Secretary shall provide an annual report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives describing the utilization, impact, and financial performance of any program established under the authority of this section. (e) Public Awareness.--Not later than 60 days after the date of publication of a notice in the Federal Register pursuant to subsection (b), the Secretary, in consultation with the Secretary of Education and the Director of the Bureau of Consumer Financial Protection, shall begin a national awareness campaign to alert all private education loan borrowers who may benefit from any program or facilities established under this section. Such campaign shall include outreach to targeted populations of borrowers that are most likely to have private education loan debt service obligations that represent a disproportionate share of their income. (f) Expiration of Authority.--Three years after the date on which a credit facility is established under this Act, and not later than 5 years after the date of enactment of this Act, any new lending, purchase, or other activity initiated through the facilities established by the Secretary under subsection (a) shall cease. SEC. 5. SENSE OF CONGRESS. It is the sense of Congress that the Federal financial institutions, such as the Federal Financing Bank and the Federal Reserve banks, and federally chartered private entities, such as the Federal home loan banks, should consider, in consultation with the Secretary and the Secretary of Education, using available authorities in a timely manner, if needed, to assist in ensuring that borrowers of private education loans can secure credit accommodations to refinance existing loans, in a manner that results in no increased costs to taxpayers.

Refinancing Education Funding to Invest (REFI) for the Future Act of 2013 - Directs the Secretary of the Treasury, upon determining that borrowers are unable to secure adequate credit accommodations with existing private education loans, to establish credit facilities to: (1) accommodate reasonable loan adjustments that reduce the likelihood that borrowers become delinquent or default on their loans, (2) benefit borrowers that are most likely to have private student debt service obligations that represent a disproportionate share of their income, and (3) ensure that borrowers pay lower interest rates that are commensurate with credit risk so that they can pursue more economically productive activities. Requires the decision that borrowers are unable to secure adequate credit accommodations to be made by the Secretary jointly with the Secretary of Education and the Bureau of Consumer Financial Protection (CFPB). Prohibits the establishment of such credit mechanisms from resulting in any net cost to the federal government. Directs the Secretary of the Treasury to conduct a national awareness campaign to alert all private education loan borrowers who may benefit from those credit facilities or programs. Terminates any activities initiated through such a credit facility three years after such facility is established or not later than five years after this Act's enactment. Expresses the sense of the Congress that federal financial institutions and federally chartered private entities should consider the timely use of their available authorities to assist borrowers of private education loans in refinancing such loans in a manner that results in no increased costs to taxpayers.

Refinancing Education Funding to Invest (REFI) for the Future Act of 2013

SECTION 1. ALTERNATE ENERGY-RELATED USES ON THE OUTER CONTINENTAL SHELF. (a) Purposes.--The purposes of this section are as follows: (1) To protect the economic and land use interests of the Federal Government in the management of the outer Continental Shelf for energy-related and certain other purposes. (2) To provide an administrative framework for the oversight and management of energy-related activities on the outer Continental Shelf, consistent with other applicable laws. (3) To provide for inter-agency coordination in the siting and permitting of energy-related activities on the outer Continental Shelf. (4) To ensure that energy-related activities on the outer Continental Shelf are conducted in a manner that provides for safety, protection of the environment, prevention of waste, conservation of natural resources, the protection of correlative rights, and protection of national security interests. (5) To authorize alternate uses of existing structures and facilities previously permitted under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 note). (6) To ensure that the Federal Government receives a fair return for any easement or right-of-way granted under section 8(p) of the Outer Continental Shelf Lands Act. (b) Amendment to Outer Continental Shelf Lands Act.--Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following new subsection: ``(p) Easements or Rights-of-Way for Energy and Related Purposes.-- ``(1) The Secretary, in consultation with the Secretary of the Department in which the Coast Guard is operating and other relevant departments and agencies of the Federal government, may grant an easement or right-of-way on the outer Continental Shelf or activities not otherwise authorized in this Act, the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.), or the Ocean Thermal Energy Conversion Act of 1980 (42 U.S.C. 9101 et seq.) when such activities-- ``(A) support exploration, development, production, transportation, or storage of oil, natural gas, or other minerals; ``(B) produce or support production, transportation, or transmission of energy from sources other than oil and gas; or ``(C) use facilities currently or previously used for activities authorized under this Act. ``(2)(A) The Secretary shall establish reasonable forms of annual or one-time payments for any easement or right-of-way granted under this subsection, including fees, rentals, or cash bonus payments. The Secretary may establish fees, rentals, bonus, or other payments by rule or by agreement with the party to whom the easement or right-of-way is granted. ``(B) Before exercising the authority granted under this subsection, the Secretary shall consult with the Secretary of Defense concerning issues related to national security and navigational obstruction. ``(C) The Secretary may issue an easement or right-of-way for energy and related purposes as described in paragraph (1) on a competitive or non-competitive basis. In determining whether such easement or right-of-way shall be granted competitively or non-competitively, the Secretary shall consider such factors as prevention of waste and conservation of natural resources, protection of the environment, the national interest, national security, human safety, protection of correlative rights, and the potential return for the easement or right-of-way. ``(3) The Secretary, in consultation with the Secretary of the Department in which the Coast Guard is operating and other relevant departments and agencies of the Federal Government and affected States, shall prescribe any necessary regulations to assure safety, protection of the environment, prevention of waste, and conservation of the natural resources of the outer Continental Shelf, protection of national security interests, and the protection of correlative rights therein. ``(4) The Secretary shall require the holder of an easement or right-of-way granted under this subsection to furnish a surety bond or other form of security, as prescribed by the Secretary, and to comply with such other requirements as the Secretary may deem necessary to protect the interests of the United States. ``(5) Nothing in this subsection shall be construed to displace, supercede, limit, or modify the jurisdiction, responsibility, or authority of any Federal or State agency under any other Federal law. ``(6) This subsection shall not apply to any area on the outer Continental Shelf designated by legislation as a National Marine Sanctuary.''. (c) Conforming Amendment.--The text of the heading for section 8 of the Outer Continental Shelf Lands Act is amended to read as follows: ``Leases, Easements, and Rights-of-Way on the Outer Continental Shelf.''.

Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior (or the appropriate Secretary) to grant easements or rights-of-way on the outer Continental Shelf for activities that: (1) support exploration, development, production, transportation, or storage of oil, natural gas, or other minerals; (2) produce or support production, transportation, or transmission of energy sources other than oil and gas; or (3) use facilities for previously authorized activities.Excludes any National Marine Sanctuary from application of this Act.

To amend the Outer Continental Shelf Lands Act to protect the economic and land use interests of the Federal Government in the management of outer continental shelf lands for energy-related and certain other purposes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade and Environment Enforcement Act'' or ``Green 301 Act''. SEC. 2. ENVIRONMENTAL PROTECTION IN TRADE RELATIONS. Section 301(d)(3)(B) of the Trade Act of 1974 (19 U.S.C. 2411(d)(3)(B)) is amended-- (1) in clause (ii), by striking ``or'' at the end; (2) in clause (iii)(V), by striking the period at the end and inserting ``, or''; and (3) by adding at the end the following new clause: ``(iv) constitutes a persistent pattern of conduct that-- ``(I) fails to effectively enforce the environmental laws of a foreign country; ``(II) waives or otherwise derogates from the environmental laws of a foreign country or weakens the protections afforded by such laws; ``(III) fails to provide for judicial or administrative proceedings giving access to remedies for violations of the environmental laws of a foreign country; ``(IV) fails to provide appropriate and effective sanctions or remedies for violations of the environmental laws of a foreign country; or ``(V) fails to effectively enforce environmental commitments in agreements to which a foreign country and the United States are a party.''. SEC. 3. IDENTIFICATION OF FOREIGN COUNTRY TRADE PRACTICES THAT NEGATIVELY AFFECT THE ENVIRONMENT. (a) In General.--Chapter 1 of title III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.) is amended by adding at the end the following: ``SEC. 311. IDENTIFICATION OF FOREIGN COUNTRY TRADE PRACTICES THAT NEGATIVELY AFFECT THE ENVIRONMENT. ``(a) Identification.-- ``(1) In general.--The Trade Representative shall identify those foreign country trade practices that cause negative environmental impacts on the protection of human, animal, or plant life or health, or the conservation of exhaustible natural resources in the United States, the foreign country, a third country, or internationally. ``(2) Factors.--In identifying foreign country trade practices under paragraph (1), the Trade Representative shall take into account all relevant factors, including-- ``(A) the strength of the connection between trade and the negative environmental impact; ``(B) the significance of the negative environmental impact on the protection of human, animal or plant life or health, or the conservation of exhaustible natural resources; and ``(C) the costs and benefits of mitigating the negative environmental impact through the remedies described in this section. ``(3) Consultation.--In identifying foreign country trade practices under paragraph (1), the Trade Representative shall provide the opportunity for input by and consultation with interested persons, including private or nongovernmental organizations working towards environmental protection or conservation, domestic industrial users of any goods that may be affected by this section, and appropriate Federal departments and agencies. ``(b) Report.-- ``(1) In general.--Not later than 270 days after the date of submission of a report under section 181(b) of this Act, and every 2 years thereafter, the Trade Representative shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate and publish in the Federal Register a report on the foreign country trade practices identified under subsection (a). ``(2) Matters to be included.--The Trade Representative may include in the report, if appropriate-- ``(A) a description of other foreign country trade practices that may in the future warrant inclusion in the report as foreign country trade practices that negatively affect the environment; and ``(B) a statement regarding other foreign country trade practices that negatively affect the environment that have not been identified because they are subject to other provisions of United States trade law, existing bilateral trade agreements, or trade negotiations, and progress is being made toward the mitigation, reduction, or elimination of the negative environmental impacts of such foreign country trade practices.''. (b) Clerical Amendment.--The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 310 the following new item: ``Sec. 311. Identification of foreign country trade practices that negatively affect the environment.''.

Trade and Environment Enforcement Act or Green 301 Act - Amends the Trade Act of 1974 to authorize the U.S. Trade Representative (USTR) to take certain discretionary trade action against foreign countries that engage in unreasonable acts, policies, or practices that fail to enforce their environmental laws effectively. Directs the USTR to identify foreign country trade practices that affect negatively the environment of the United States, the foreign country, a third country, or internationally.

Green 301 Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accelerating Biomedical Research Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The National Institutes of Health (referred to in this section as the ``NIH'') is the leading biomedical research entity in the world. It supports researchers in every State as they discover treatments and cures to prevent and reduce human suffering. Thanks in large part to NIH-funded medical research, Americans today are living longer and healthier. Life expectancy in the United States has jumped from 47 years in 1900 to 78 years in 2009, and disability in people over age 65 has dropped dramatically in the past 3 decades. (2) Over the past 40 years, NIH-supported research contributed to the discovery of 153 new Food and Drug Administration-approved drugs, vaccines, or new indications for current drugs. (3) The application success rate is now at an all-time low. From 1980 to 2003, the last year of the doubling, the grant application success rate ranged between 25 and 35 percent. By 2013, the grant success rate had fallen to 16.8 percent. (4) Recent Federal funding cuts threaten to diminish United States leadership in the world. The international community has recognized the role biomedical research plays in generating economic growth. England, China, Brazil, South Korea, India, Singapore, Germany, France and Japan are increasing their investment, despite the worldwide recession. Only the United States has decreased its investment, from 0.215 percent of Gross Domestic Product in 2003 (the last year of the doubling) to 0.174 percent in 2013. In 8 years, if current trends continue, China will surpass the United States in total government biomedical research investment. (5) NIH is vital to the United States economy. In fiscal year 2012, the NIH extramural program supported around 50,000 competitive research grants and 300,000 scientists and research personnel at more than 2,500 universities, medical schools, and other research institutions across our 50 States. (6) Economists have estimated the return on each dollar of investment in NIH to generate anywhere from $1.80 to $3.20 in economic output. The Federal investment of $3,800,000,000 in the Human Genome Project from 1988 to 2003 helped drive $796,000,000,000 in economic output, which is a return of $141 for every $1 invested. (7) In 2013, sales of products built around licensed NIH and Food and Drug Administration inventions included 358 licensees reporting a total of $7,000,000,000 in sales. (8) The historic doubling of Federal funding for the National Institutes of Health ended in fiscal year 2003. Since that time, NIH appropriations have not kept up with biomedical inflation. NIH has lost more than 20 percent of its purchasing power for medical research since 2003. (9) If NIH had kept up with biomedical inflation, NIH's appropriation would have totaled $37,000,000,000 in 2013, instead of the $28,900,000,000 that was actually appropriated, a loss of $8,100,000,000 or 28 percent. To restore funding to the 2003 post-doubling level would require Congress to appropriate $46,500,000,000 in fiscal year 2021, the final year of the Budget Control Act of 2011 (Public Law 112-25). (10) High health care costs from a variety of common conditions threaten Federal, State, and local budgets, as well as the budgets of American families. Recent estimates indicate that the economic costs of Alzheimer's disease is over $200,000,000,000 each year but will rise to over $1,000,000,000,000 by 2050 unless a prevention or cure is found. In 2006, economists found that a future 1 percent reduction in mortality rates from cancer would save $500,000,000,000 to current and future Americans. A cure for cancer was estimated to save $50,000,000,000,000 to Americans, more than 3 times the gross domestic product of the United States in 2012. The Centers for Disease Control and Prevention reports that annual costs from undiagnosed diabetes was $245,000,000,000 each year. And a recent study projects that by 2030, nearly 44 percent of the United States population will face some form of cardiovascular disease costing a total of $1,208,000,000,000 between 2012 and 2030. (11) Budget cap adjustments are how Congress traditionally prioritizes areas of spending that produce economic growth and reduce costs that contribute to the Federal debt. SEC. 3. CAP ADJUSTMENT. Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended-- (1) by redesignating subparagraph (D) as subparagraph (E); and (2) by inserting after subparagraph (C), the following: ``(D) National institutes of health.-- ``(i) In general.--If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies amounts for the National Institutes of Health at the Department of Health and Human Services (75-9915-1-1-552), then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for such programs for that fiscal year, but shall not exceed-- ``(I) for fiscal year 2015, $3,000,000,000 in additional new budget authority; ``(II) for fiscal year 2016, $6,300,000,000 in additional new budget authority; ``(III) for fiscal year 2017, $8,100,000,000 in additional new budget authority; ``(IV) for fiscal year 2018, $10,000,000,000 in additional new budget authority; ``(V) for fiscal year 2019, $12,000,000,000 in additional new budget authority; ``(VI) for fiscal year 2020, $14,100,000,000 in additional new budget authority; and ``(VII) for fiscal year 2021, $16,300,000,000 in additional new budget authority. ``(ii) Definitions.--As used in this subparagraph: ``(I) Additional new budget authority.--The term `additional new budget authority' means the amount provided for a fiscal year, in excess of $29,926,104,000, in an appropriation Act and specified to support the National Institutes of Health. ``(II) National institutes of health.--The term `National Institutes of Health' means the appropriations accounts that support the various institutes, offices, and centers that make up the National Institutes of Health.''.

Accelerating Biomedical Research Act - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to require certain adjustments to discretionary spending limits in FY2015-FY2021 to accommodate increases in appropriations to the National Institutes of Health (NIH) at the Department of Health and Human Services (HHS).

Accelerating Biomedical Research Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Health Security Act of 2013''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States-Mexico border is an interdependent and dynamic region of more than 15,000,000 people with significant and unique public health challenges. (2) These challenges include low rates of health insurance coverage, poor access to health care services, high unemployment rates, low educational attainment, and high rates of dangerous diseases, such as tuberculosis, diabetes, obesity, and other non-communicable diseases. (3) As the 2009 novel influenza A (H1N1) pandemic illustrated, diseases do not respect international boundaries, and a strong public health effort at and along the borders is crucial to not only protect and improve the health of Americans but also to help secure the country against threats to biosecurity and other emerging threats. (4) For 11 years, the United States-Mexico Border Health Commission has served as a crucial binational institution to address these unique and truly cross-border health issues. (5) More than 75 percent of Canadians live within 100 miles of the United States border. The 2003 epidemic of severe acute respiratory syndrome caused more than 250 illnesses in the Greater Toronto Area, just 80 miles from New York. SEC. 3. UNITED STATES-MEXICO BORDER HEALTH COMMISSION ACT AMENDMENTS. The United States-Mexico Border Health Commission Act (22 U.S.C. 290n et seq.) is amended-- (1) in section 3-- (A) in paragraph (1), by striking ``; and'' and inserting ``;''; (B) in paragraph (2), by striking the period and inserting a semicolon; and (C) by adding at the end the following: ``(3) to cooperate with the Canada-United States Pan Border Public Health Preparedness Council (referred to in this Act as the `Council'), as appropriate; and ``(4) to serve as an independent and objective body to both recommend and implement initiatives that solve border health issues.''; (2) in section 5-- (A) in subsection (b), by striking ``should be the leader'' and inserting ``shall be the Chair''; and (B) by adding at the end the following: ``(d) Providing Advice and Recommendations.--Members of the Commission and the Council may at any time provide advice or recommendations to the Secretary, Congress, or any Member of Congress concerning issues that are considered by the Commission or Council. Such advice or recommendations may be provided regardless of whether a request for such is made and regardless of whether the member or individual is authorized to provide such advice or recommendations by the Commission or Council or any other Federal official.''; (3) by redesignating section 8 as section 12; (4) by striking section 7 and inserting the following: ``SEC. 7. BORDER HEALTH GRANTS. ``(a) Eligible Entity Defined.--In this section, the term `eligible entity' means a State, public institution of higher education, local government, Indian tribe, tribal organization, urban Indian organization, nonprofit health organization, trauma center, critical access hospital or other hospital that serves rural or other vulnerable communities and populations, faith-based entity, or community health center receiving assistance under section 330 of the Public Health Service Act (42 U.S.C. 254b), that is located in the United States- Mexico border area or the United States-Canada border area. ``(b) Authorization.--From amounts appropriated under section 11, the Secretary, in consultation with members of the Commission and Council and in coordination with the Office of Global Affairs, shall award grants to eligible entities to address priorities and recommendations outlined by the strategic plan and operational work plan of the Commission and the Council, as authorized under section 9, to improve the health of United States-Mexico border area and United States-Canada border area residents. ``(c) Application.--An eligible entity that desires a grant under subsection (b) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Use of Funds.--An eligible entity that receives a grant under subsection (b) shall use the grant funds for any of the following: ``(1) Programs relating to any one or more of the following: ``(A) Maternal and child health. ``(B) Primary care and preventative health. ``(C) Infectious disease testing, monitoring, and surveillance. ``(D) Public health and public health infrastructure. ``(E) Health promotion. ``(F) Oral health. ``(G) Behavioral and mental health. ``(H) Substance abuse prevention and harm reduction. ``(I) Health conditions that have a high prevalence in the United States-Mexico border area or United States-Canada border area. ``(J) Medical and health services research. ``(K) Workforce training and development. ``(L) Community health workers and promotoras. ``(M) Health care infrastructure problems in the United States-Mexico border area or United States- Canada border area (including planning and construction grants). ``(N) Health disparities in the United States- Mexico border area or United States-Canada border area. ``(O) Environmental health. ``(P) Health education. ``(Q) Outreach and enrollment services with respect to Federal programs (including programs authorized under titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 et seq. and 1397aa et seq.)). ``(R) Trauma care. ``(S) Health research with an emphasis on infectious disease and pressing issues related to noncommunicable diseases. ``(T) Epidemiology and health research. ``(U) Cross-border health surveillance coordinated with Mexican Health Authorities or Canadian Health Authorities. ``(V) Obesity, particularly childhood obesity. ``(W) Crisis communication, domestic violence, health literacy, or cancer. ``(X) Community-based participatory research on border health issues. ``(Y) Violence prevention. ``(Z) Cross-border public health preparedness. ``(2) Other programs determined appropriate by the Secretary. ``(e) Supplement, Not Supplant.--Amounts provided to an eligible entity awarded a grant under subsection (b) shall be used to supplement and not supplant other funds available to the eligible entity to carry out the activities described in subsection (d). ``SEC. 8. GRANTS FOR EARLY WARNING INFECTIOUS DISEASE SURVEILLANCE (EWIDS) IN THE BORDER AREA. ``(a) Eligible Entity Defined.--In this section, the term `eligible entity' means a State, local government, Indian tribe, tribal organization, urban Indian organization, trauma center, regional trauma center coordinating entity, or public health entity. ``(b) Authorization.--From funds appropriated under section 11, the Secretary shall award grants for Early Warning Infectious Disease Surveillance (EWIDS) to eligible entities for infectious disease surveillance activities in the United States-Mexico border area or United States-Canada border area. ``(c) Application.--An eligible entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Uses of Funds.--An eligible entity that receives a grant under subsection (b) shall use the grant funds, in coordination with State and all local hazards programs, to-- ``(1) develop and implement infectious disease surveillance plans and networks and public health emergency and readiness assessments and preparedness plans, and purchase items necessary for such plans; ``(2) coordinate infectious disease surveillance planning and interjurisdictional risk assessments in the region with appropriate United States-based agencies and organizations and appropriate authorities in Mexico or Canada; ``(3) improve infrastructure, including surge capacity, syndromic surveillance, and isolation/decontamination capacity, and policy preparedness, including for mutual assistance and for the sharing of information and resources; ``(4) improve laboratory capacity, in order to maintain and enhance capability and capacity to detect potential infectious disease, whether naturally occurring or the result of terrorism; ``(5) create and maintain a health alert network, including risk communication and information dissemination that is culturally competent and takes into account the needs of at- risk populations, including individuals with disabilities; ``(6) educate and train clinicians, epidemiologists, laboratories, and emergency management personnel; ``(7) implement electronic data and infrastructure inventory systems to coordinate the triage, transportation, and treatment of multicasualty incident victims; ``(8) provide infectious disease testing in the United States-Mexico border area or United States-Canada border area; and ``(9) carry out such other activities identified by the Secretary, members of the Commission, members of the Council, State or local public health authorities, representatives of border health offices, or authorities at the United States- Mexico or United States-Canada borders. ``SEC. 9. PLANS, REPORTS, AUDITS, AND BY-LAWS. ``(a) Strategic Plan.-- ``(1) In general.--Not later than 2 years after the date of enactment of this section, and every 5 years thereafter, the Commission (including the participation of members representing both the United States and Mexican sections) and the Council (including the participation of members representing both the United States and Canada) shall each prepare a binational strategic plan to guide the operations of the Commission and the Council and submit such plan to the Secretary and Congress. ``(2) Requirements.--The binational strategic plan under paragraph (1) shall include-- ``(A) health-related priority areas determined most important by the full membership of the Commission or Council, as applicable; ``(B) recommendations for goals, objectives, strategies, and actions designed to address such priority areas; and ``(C) a proposed evaluation framework with output and outcome indicators appropriate to gauge progress toward meeting the objectives and priorities of the Commission or Council, as applicable. ``(b) Work Plan.--Not later than January 1, 2015, and every 2 years thereafter, the Commission and the Council shall develop and approve an operational work plan and budget based on the strategic plan under subsection (a). ``(c) GAO Review.--Not later than January 1, 2016, and every 2 years thereafter, the Comptroller General of the United States shall conduct an evaluation of the activities conducted by the Commission and the Council based on the operational work plans described in subsection (b) for the previous year and the output and outcome indicators included in the strategic plan described in subsection (a). The evaluation shall include a request for written evaluations from members of the Commission and the Council about barriers and facilitators to executing successfully the work plans of the Commission and the Council. ``(d) Biannual Reporting.--The Commission and Council shall each issue a biannual report to the Secretary that provides independent policy recommendations related to border health issues. Not later than 3 months following receipt of each such biannual report, the Secretary shall provide to Congress the report and any studies or other materials produced independently by the Commission and Council. ``(e) Audits.--The Secretary shall annually prepare an audited financial report to account for all appropriated assets expended by the Commission and Council to address both the strategic and operational work plans for the year involved. ``(f) By-Laws.--Not later than 6 months after the date of enactment of this section, the Commission and Council shall develop and approve bylaws to provide fully for compliance with the requirements of this section. ``(g) Transmittal to Congress.--The Commission and Council shall submit copies of the operational work plan and by-laws to Congress. The Comptroller General of the United States shall submit a copy of each evaluation completed under subsection (c) to Congress. ``SEC. 10. COORDINATION. ``(a) In General.--To the extent practicable and appropriate, plans, systems, and activities to be funded (or supported) under this Act for all hazard preparedness, and general border health, shall be coordinated with Federal, State, and local authorities in Mexico, Canada, and the United States. ``(b) Coordination of Health Services and Surveillance.--The Secretary, acting through the Assistant Secretary for Preparedness and Response, when appropriate, may coordinate with the Secretary of Homeland Security in establishing a health alert system that-- ``(1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the United States-Mexico border area and United States-Canada border area; and ``(2) warns of health threats, extreme weather conditions, disasters of mass scale, bioterrorism, and other emerging threats along the United States-Mexico border area and United States-Canada border area. ``SEC. 11. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this Act $7,000,000 for fiscal year 2014 and each succeeding year, subject to the availability of appropriations for such purpose, of which $4,650,000 shall be made available to fund operationally feasible functions, activities, and grants with respect to the United States- Mexico border and the border health activities under cooperative agreements with the border health offices of the States of California, Arizona, New Mexico, and Texas, and $2,350,000 shall be allocated for the administration of United States activities under this Act on the United States-Canada border and the border health authorities, acting through the Canada-United States Pan-Border Public Health Preparedness Council.''; and (5) in section 12 (as so redesignated)-- (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (6), respectively; (B) by inserting after paragraph (2), the following: ``(3) Indians; indian tribe; tribal organization; urban indian organization.--The terms `Indian', `Indian tribe', `tribal organization', and `urban Indian organization' have the meanings given such terms in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603).''; and (C) by inserting after paragraph (4), as so redesignated, the following: ``(5) United states-canada border area.--The term `United States-Canada border area' means the area located in the United States and Canada within 100 kilometers of the border between the United States and Canada.''.

Border Health Security Act of 2013 - Amends the United States-Mexico Border Health Commission Act to: (1) revise the duties of the United States-Mexico Border Health Commission to include cooperating with the Canada-United States Pan Border Public Health Preparedness Council and serving as an independent and objective body to recommend and implement initiatives that solve border health issues, and (2) authorize appropriations. Designates the Commissioner of the U.S. section of the Commission as the Chair (currently, leader) of the section. Authorizes members of the Commission and the Council to provide advice or recommendations to the Secretary of Health and Human Services (HHS), Congress, or any Member of Congress concerning issues that are considered by the Commission or Council. Requires the Secretary to award grants: (1) to eligible entities to improve the health of individuals residing in the U.S.-Mexico and U.S.-Canada border areas, and (2) for Early Warning Infectious Disease Surveillance to eligible entities for infection disease surveillance activities in such areas. Requires the Commission and the Council to each: (1) prepare (every five years) a binational strategic plan to guide its operation, (2) develop and approve (every two years) an operational work plan and budget based on the strategic plan, and (3) issue a biannual report to the Secretary that provides independent policy recommendations related to border health issues. Requires the Comptroller General (GAO) (every two years) to conduct an evaluation of Commission and Counsel activities. Requires plans, systems, and activities supported under such Act for all hazard preparedness, and general border health, to be coordinated with authorities in Mexico, Canada, and the United States to the extent practicable. Authorizes the Assistant Secretary for Preparedness and Response to coordinate with the Secretary of Homeland Security (DHS) in establishing a health alert system that: (1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the U.S.-Mexico and U.S.-Canada border areas; and (2) warns of health threats, extreme weather conditions, disasters of mass scale, bioterrorism, and other emerging threats along such areas.

Border Health Security Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``University Transit Rider Innovation Program Act of 2015'' or ``UTRIP Act''. SEC. 2. FORMULA GRANTS TO INCREASE PUBLIC TRANSPORTATION RIDERSHIP BY COLLEGE STUDENTS. (a) In General.--Chapter 53 of title 49, United States Code, is amended-- (1) by inserting after section 5307 the following: ``Sec. 5308. Formula grants to increase ridership by college students ``(a) Definitions.--In this section-- ``(1) the term `covered student' means an undergraduate or graduate student attending an institution of higher education; ``(2) the term `eligible entity' means-- ``(A) a recipient or subrecipient that provides covered students a discounted fare for public transportation that meets the requirements under subsection (d)(1); or ``(B) a recipient that allocates amounts provided to the recipient under a grant under this section to a subrecipient described in subparagraph (A); ``(3) the term `institution of higher education' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); ``(4) the term `large urbanized area' means an urbanized area with a population of not less than 200,000 individuals, as determined by the Bureau of the Census; ``(5) the term `recipient' means a designated recipient, a local governmental authority, or a State; ``(6) the term `small urbanized area' means an urbanized area with a population of less than 200,000 individuals, as determined by the Bureau of the Census; and ``(7) the term `subrecipient' means a State or local governmental authority, a private nonprofit organization, or an operator of public transportation services, including a private operator of public transportation services. ``(b) General Authority.-- ``(1) Grants.--The Secretary may make grants under this section to recipients that are eligible entities to increase the use of public transportation by covered students in accordance with subsection (c). ``(2) Subrecipients.--A recipient that receives a grant under this section may allocate the amounts provided under the grant to subrecipients that are eligible entities to increase the use of public transportation by covered students in accordance with subsection (c). ``(c) Use of Funds.--An eligible entity may use amounts provided under a grant under this section to-- ``(1) offset decreased revenue resulting from providing discounted fares to covered students; ``(2) provide general operating assistance to public transportation services and routes designed to better serve institutions of higher education; or ``(3) pay for capital costs associated with expanding and maintaining public transportation services and routes designed to serve institutions of higher education. ``(d) Discounted Fare.-- ``(1) In general.--In order to qualify as an eligible entity described in subsection (a)(2)(A), a recipient or subrecipient shall provide to covered students a discounted fare for public transportation that is-- ``(A) not more than 75 percent of the fare; and ``(B) applicable to both monthly and single-ride fares. ``(2) Rule of construction.--Nothing in paragraph (1) shall be construed to prohibit a recipient or subrecipient that, as of the date of enactment of the University Transit Rider Innovation Program Act of 2015, provides a discounted fare to covered students that meets the requirements under paragraph (1), including a discounted fare that is lower than 75 percent of the fare, from qualifying as an eligible entity described in subsection (a)(2)(A). ``(e) Apportionment and Transfers.-- ``(1) Formula.--The Secretary shall apportion amounts made available to carry out this section as follows: ``(A) Large urbanized areas.--Sixty percent of the funds shall be apportioned among designated recipients for large urbanized areas in the ratio that-- ``(i) the number of full-time equivalent covered students in each such urbanized area; bears to ``(ii) the number of full-time equivalent covered students in all such urbanized areas. ``(B) Small urbanized areas.--Twenty percent of the funds shall be apportioned among the States in the ratio that-- ``(i) the number of full-time equivalent covered students in small urbanized areas in each State; bears to ``(ii) the number of full-time equivalent covered students in small urbanized areas in all States. ``(C) Rural areas.--Twenty percent of the funds shall be apportioned among the States in the ratio that-- ``(i) the number of full-time equivalent covered students in rural areas in each State; bears to ``(ii) the number of full-time equivalent covered students in rural areas in all States. ``(2) Areas served by projects.-- ``(A) In general.--Except as provided in subparagraph (B)-- ``(i) funds apportioned under paragraph (1)(A) shall be used to serve covered students or institutions of higher education in large urbanized areas; ``(ii) funds apportioned under paragraph (1)(B) shall be used to serve covered students or institutions of higher education in small urbanized areas; and ``(iii) funds apportioned under paragraph (1)(C) shall be used to serve covered students or institutions of higher education in rural areas. ``(B) Exceptions.--A State may use funds apportioned to the State under subparagraph (B) or (C) of paragraph (1)-- ``(i) to serve covered students or institutions of higher education in an area other than an area specified in subparagraph (A)(ii) or (A)(iii), as the case may be, if the Governor of the State certifies that all of the objectives of this section are being met in the area specified in subparagraph (A)(ii) or (A)(iii); or ``(ii) to serve covered students or institutions of higher education anywhere in the State, if the State has established a statewide program for meeting the objectives of this section. ``(C) Consultation.--A recipient may transfer an amount under subparagraph (B) only after consulting with responsible local officials, publicly owned operators of public transportation, and nonprofit providers in the area for which the amount was originally apportioned.''; and (2) in section 5338(a)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``$9,347,604,639'' and inserting ``$9,597,604,639''; (ii) in subparagraph (B), by striking ``$9,534,706,043'' and inserting ``$9,784,706,043''; (iii) in subparagraph (C), by striking ``$9,733,353,407'' and inserting ``$9,983,353,407''; (iv) in subparagraph (D), by striking ``$9,939,380,030'' and inserting ``$10,189,380,030''; and (v) in subparagraph (E), by striking ``$10,150,348,462'' and inserting ``$10,400,348,462''; and (B) in paragraph (2)-- (i) in subparagraph (M), by striking ``and'' at the end; (ii) in subparagraph (N), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(M) $250,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5308.''. (b) Technical and Conforming Amendments.-- (1) Table of sections.--The table of sections for chapter 53 of title 49, United States Code, is amended by striking the item relating to section 5308 and inserting the following: ``5308. Formula grants to increase ridership by college students.''. (2) Obligation ceiling.--Section 3018 of the Federal Public Transportation Act of 2015 (title III of Public Law 114-94) is amended-- (A) in paragraph (1), by striking ``$9,347,604,639'' and inserting ``$9,597,604,639''; (B) in paragraph (2), by striking ``$9,733,706,043'' and inserting ``$9,983,706,043''; (C) in paragraph (3), by striking ``$9,733,353,407'' and inserting ``$9,983,353,407''; (D) in paragraph (4), by striking ``$9,939,380,030'' and inserting ``$10,189,380,030''; and (E) in paragraph (5), by striking ``$10,150,348,462'' and inserting ``$10,400,348,462''.

University Transit Rider Innovation Program Act of 2015 or the UTRIP Act This bill authorizes the Department of Transportation (DOT) to make grants to designated recipients, local or state governmental authorities, private nonprofit organizations, or operators of public transportation services (recipients) to increase the use of public transportation by undergraduate or graduate students attending an institution of higher education (covered students). A recipient may use amounts provided under a grant to: offset decreased revenue resulting from providing discounted fares to covered students, provide general operating assistance to public transportation services and routes designed to better serve institutions of higher education, or pay for capital costs associated with expanding and maintaining public transportation services and routes designed to serve such institutions. To be eligible for a grant, a recipient must provide to covered students a discounted fare for public transportation that is: (1) not more than 75% of the fare, and (2) applicable to both monthly and single-ride fares. DOT shall apportion amounts made available to carry out this Act to large urbanized areas, small urbanized areas, and rural areas based on the relative numbers of full-time equivalent covered students in such areas, according to a specified formula, with specified exceptions.

UTRIP Act

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Student Loan Evaluation and Stabilization Act of 1995''. (b) References.--References in this Act to ``the Act'' are references to the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 2. FINDINGS. The Congress finds that: (1) The current public/private student loan partnership is fulfilling the mission set for it by Congress, delivering loans to students reliably and in a timely fashion, and should be preserved. (2) The Administration's dismantling of the Federal Family Education Loan (FFEL) Program which has begun in order to replace it with an unproven direct Government lending program, which increases the Federal debt, further enlarges the Federal bureaucracy, adds major new financial oversight activities to the already overburdened Department of Education, and forces Congress to depend on estimated budget savings which may prove illusory, needs to be stopped so that a true and valid comparison of the student loan programs can occur. (3) The Federal Direct Student Loan (FDSL) Program pilot is only now getting started and has proceeded fairly smoothly when dealing with 5 percent of new loan volume. This slow and cautious approach should be continued as the volume increases to 40 percent. This pilot program should continue to proceed slowly and cautiously and demonstrate successful results before expanding it to additional loan volume. (4) While the FDSL Program pilot continues its test phase, reform of the FFEL Program which will benefit students and institutions of higher education should be a continuing priority for the Department of Education. SEC. 3. PARTICIPATION OF INSTITUTIONS AND ADMINISTRATION OF DIRECT LOAN PROGRAMS. (a) Limitation on Proportion of Loans Made Under Direct Loan Program.--Section 453(a) of the Act (20 U.S.C. 1087c(a)) is amended-- (1) by amending paragraph (2) to read as follows: ``(2) Determination of number of agreements.--In the exercise of the Secretary's discretion, the Secretary shall enter into agreements under subsections (a) and (b) of section 454 with institutions for participation in the programs under this part, subject to the following: ``(A) for academic year 1994-1995, loans made under this part shall represent 5 percent of the new student loan volume for such year; and ``(B) for academic year 1995-1996 and for any succeeding fiscal year, loans made under this part shall be limited to loans to students and parents of students attending eligible institutions that have applied and been accepted for participation in the program under this part on or before December 31, 1994.'' (2) by striking paragraph (3); and (3) by redesignating paragraph (4) as paragraph (3). (b) Elimination of Conscription.--Section 453(b)(2) of such Act is amended-- (1) by striking subparagraph (B); (2) by redesignating subparagraphs (A)(i) and (A)(ii) as subparagraphs (A) and (B) respectively; and (3) in such subparagraph (B) (as so redesignated) by striking ``clause (i); and'' and inserting ``subparagraph (A).''. (c) Control of Administrative Expenses.-- (1) In general.--Section 458(a) of the Act is amended to read as follows: ``(a) In General.--Each fiscal year, there shall be available to the Secretary of Education from funds not otherwise appropriated, funds to be obligated for administrative costs under this part, not to exceed (from such funds not otherwise appropriated) $260,000,000 in fiscal year 1994, $295,000,000 in fiscal year 1995, $395,000,000 in fiscal year 1996, $400,000,000 in fiscal year 1997, and $400,000,000 in fiscal year 1998. Such administrative costs shall include the costs of annually assessing the program under this part and, subject to subsection (e) of this section, payment of an administrative cost allowance for the expenses of guaranty agencies in servicing outstanding loans in their portfolios and in guaranteeing new loans. If in any fiscal year the Secretary determines that additional funds for administrative expenses are needed, the Secretary is authorized to use funds available under this section for a subsequent fiscal year for such expenses, except that the total expenditures by the Secretary (from such funds not otherwise appropriated) shall not exceed $1,750,000,000 in fiscal years 1994 through 1998. The Secretary is also authorized to carry over funds available under this section to a subsequent fiscal year.''. (2) Improved congressional oversight of administration.-- Section 458 of the Act is further amended-- (A) by redesignating subsection (d) as subsection (g); and (B) by inserting after subsection (c) the following new subsections: ``(d) Funding Triggers.--For each fiscal year, funds available under this section may be obligated only in such amounts and according to such schedule as specified in the appropriations Act for the Department of Education after submission by the Department of Education of a detailed proposal of expenditures under this section. ``(e) Administrative Cost Allowance.-- ``(1) Conditions of receipt.--A guaranty agency may not obtain an administrative cost allowance from funds available under subsection (a) unless the guaranty agency has submitted an application in accordance with section 428(f)(2). A guaranty agency that receives such an allowance may expend such allowance for the purposes described in clauses (i) through (v) of section 428(f)(1)(A). ``(2) Election of payment rate.--For each fiscal year, at the time of its application for payments under section 428(f)(2), each guaranty agency shall elect to receive an administrative cost allowance, payable quarterly, for the next fiscal year calculated on the basis of either of the following: ``(A) 0.85 percent of the total principal amount of the loans upon which insurance was issued under part B during such fiscal year by such guaranty agency; or ``(B) 0.08 percent of the original principal amount of loans guaranteed by the guaranty agency that was outstanding at the end of the previous fiscal year. ``(3) Ratable reduction.--If the total amount of funds to be expended by the Secretary for purposes of paying the administrative cost allowances to all guaranty agencies in accordance with this provision exceeds $150,000,000 for any fiscal year, the Secretary shall ratably reduce such payments to all guaranty agencies. ``(f) Quarterly Report.--The Secretary shall provide a detailed quarterly report of all monies expended under this section to the Chairman of the Committee on Labor and Human Resources of the Senate and the Chairman of the Committee on Economic and Educational Opportunities of the House of Representatives. Such report shall specifically identify all contracts entered into by the Department for services supporting the loan programs under parts B and D of this title and the current and projected costs of such contracts.''. (d) Elimination of Transition to Direct Loans.--The Act is further amended-- (1) in section 422(c)(7)-- (A) by striking ``during the transition'' and all that follows through ``part D of this title'' in subparagraph (A); and (B) by striking ``section 428(c)(10)(F)(v)'' in subparagraph (B) and inserting ``section 428(c)(9)(F)(v)''; (2) in section 428(c)(8)-- (A) by striking ``(A)'' after the paragraph designation; and (B) by striking subparagraph (B); (3) in section 428(c)(9)(E)-- (A) by inserting ``or'' after the semicolon at the end of clause (iv); (B) by striking ``; or'' at the end of clause (v) and inserting a period; and (C) by striking clause (vi); (4) in clause (vii) of section 428(c)(9)(F)-- (A) by inserting ``and'' before ``to avoid disruption''; and (B) by striking ``, and to ensure an orderly transition'' and all that follows through the end of such clause and inserting a period; (5) in section 428(c)(9)(K), by striking ``the progress of the transition from the loan programs under this part to'' and inserting ``the integrity and administration of''; (6) in section 428(e)(1)(B)(ii), by striking ``during the transition'' and all that follows through ``part D of this title''; (7) in section 428(e)(3), by striking ``of transition''; (8) in section 428(j)(3)-- (A) by striking ``during transition to direct lending''; and (B) by striking ``during the transition'' and all that follows through ``part D of this title,'' and inserting a comma; (9) in section 453(c)(2), by striking ``Transition'' and inserting ``Institutional''; (10) in section 453(c)(3), by striking ``after transition''; and (11) in section 456(b)-- (A) by inserting ``and'' after the semicolon at the end of paragraph (3); (B) by striking paragraph (4); (C) by redesignating paragraph (5) as paragraph (4); and (D) in such paragraph (4) (as redesignated), by striking ``successful operation'' and inserting ``integrity and efficiency''. SEC. 4. ABILITY OF BORROWERS TO CONSOLIDATE UNDER DIRECT AND GUARANTEED LOAN PROGRAMS. (a) Ability of Part D Borrowers to Obtain Federal Stafford Consolidation Loans.--Section 428C(a)(4) of the Act (20 U.S.C. 1078- 3(a)(4)) is amended-- (1) by striking ``or'' at the end of subparagraph (B); (2) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E); and (3) by inserting after subparagraph (B) the following new subparagraph: ``(C) made under part D of this title;''. (b) Ability of Part B Borrowers to Obtain Federal Direct Consolidation Loans.--Section 428C(b)(5) of such Act is amended to read as follows: ``(5) Direct consolidation loans for borrowers in specified circumstances.-- ``(A) The Secretary may offer a borrower a direct consolidation loan in the event that a borrower otherwise eligible for a consolidation loan pursuant to this section is-- ``(i) unable to obtain a consolidation loan from a lender with an agreement under subsection (a)(1), or ``(ii)(I) evidences a substantial existing or projected difficulty in repaying loans received under this part; and ``(II) desires a consolidation loan with an income contingent repayment schedule as offered to borrowers under part D of this title. ``(B) The Secretary shall establish appropriate certification procedures to verify the eligibility of borrowers for loans pursuant to this paragraph. ``(C) The Secretary shall not offer such consolidation loans if, in the Secretary's judgment, the Department of Education does not have the necessary origination and servicing arrangements in place for such loans, or the projected volume in the program would be destabilizing to the availability of loans otherwise available under this part.''. SEC. 5. RESERVE FUND PROGRAMS. (a) Guaranty Agency Reserve Levels.--Section 428(c)(9) of such Act (20 U.S.C. 1078(c)(9)) is amended-- (1) in subparagraph (E)-- (A) by striking ``The Secretary'' and inserting ``After notice and opportunity for a hearing on the record, the Secretary''; (B) by inserting ``or'' after the semicolon at the end of clause (iv); (C) by striking ``; or'' at the end of clause (v) and inserting a period; and (D) by striking clause (vi); and (2) in subparagraph (F)-- (A) by inserting ``dedicated to the functions of the agency under the loan insurance program under this part'' after ``assets of the guaranty agency'' in clause (vi); and (B) in clause (vi), by inserting before ``; or'' the following ``, except that the Secretary may not take any action to require the guaranty agency to provide to the Secretary the unencumbered non-Federal portion of a reserve fund (as defined in section 422(a)(2))''. (b) Additional Amendments.--Section 422 of such Act is further amended-- (1) in the last sentence of subsection (a)(2), by striking ``Except as provided in section 428(c)(10) (E) or (F), such'' and inserting ``Such''; (2) in subsection (g), by striking paragraph (4) and inserting the following: ``(4) Disposition of funds returned to or recovered by the secretary.--Any funds that are returned to or otherwise recovered by the Secretary pursuant to this subsection shall be returned to the Treasury of the United States for purposes of reducing the Federal debt and shall be deposited into the special account under section 3113(d) of title 31, United States Code.''. SEC. 6. DEFAULT RATE LIMITATIONS ON DIRECT LENDING. Section 455 of the Act is amended by adding at the end the following new subsection: ``(k) Termination of Institutions for High Default Rates.-- ``(1) Methodology and criteria.--After consultation with institutions of higher education and other members of the higher education community, the Secretary shall develop-- ``(A) a methodology for the calculation of institutional default rates under the loan programs operated pursuant to this part; ``(B) criteria for the initiation of termination proceedings on basis of such default rates; and ``(C) procedures for the conduct of such termination proceedings. ``(2) Comparability to part b.--In developing the methodology, criteria, and procedures required by paragraph (1), the Secretary shall, to the maximum extent possible, establish standards for the termination of institutions from participation in loan programs under this part that are comparable to the standards established for the termination of institutions from participation in the loan programs under part B. Such procedures shall also include provisions for the appeal of default rate calculations based on deficiencies in the servicing of loans under this part that are comparable to the provisions for such appeals based on deficiencies in the servicing of loans under part B.''. SEC. 7. APPLICATION FOR PART B LOANS USING FREE FEDERAL APPLICATION. Section 483(a) of the Act (20 U.S.C. 1090(a)) is amended-- (1) in paragraph (1)-- (A) by inserting ``B,'' after ``assistance under parts A,''; (B) by striking ``part A) and to determine the need of a student for the purpose of part B of this title'' and inserting ``part A).''; and (C) by striking the last sentence and inserting the following: ``Such form may be in an electronic or any other format (subject to section 485B) in order to facilitate use by borrowers and institutions.''; and (2) in paragraph (3), by striking ``and States shall receive,'' and inserting ``, any guaranty agency authorized by any such institution, and States shall receive, at their request and''. SEC. 8. CREDIT REFORM. (a) Amendment.--Section 502(5)(B) of the Congressional Budget Act (31 U.S.C. 661a(5)(B)) is amended to read as follows: ``(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 for the estimated life of the loan: ``(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. ``(iv) In the case of a direct student loan made pursuant to the program authorized under part D of title IV of the Higher Education Act of 1965, direct and indirect expenses, including but not limited to the following: expenses arising from credit policy and oversight, activities related to credit extension, loan origination, loan servicing, training, program promotion and payments to contractors, other Government entities, and program participants, collection of delinquent loans, and write-off and close-out of loans.''. (b) Effective Date.--The amendment made by subsection (a) of this section shall apply to all fiscal years beginning on or after October 1, 1995, and to statutory changes made on or after the date of enactment of this Act. HR 530 IH----2

Student Loan Evaluation and Stabilization Act of 1995 - Amends the Higher Education Act of 1965 with respect to student loan programs. (Sec. 3) Revises the Federal Direct Student Loan program to limit the proportion of loans made under such program: (1) for academic year 1994-1995, to five percent of the new student loan volume for such year; and (2) for academic year 1995-1996 and any succeeding fiscal year, to loans to students and parents of students attending eligible institutions which have applied and been accepted for institutional participation in such program on or before December 31, 1994. Eliminates provisions for selecting additional institutions to participate in such pilot program. Reduces the maximum amount of funds for administrative expenses of such program allowed for certain periods. Revises the items which such funds must cover, including the costs of annually assessing such program and payment of an administrative cost allowance for the expenses of guaranty agencies in servicing outstanding loans in their portfolios and in guaranteeing new loans. Revises provisions for congressional oversight of program administration, by providing for funding triggers which allow administrative funds to be obligated only in such amounts and according to such schedule as specified in the appropriations Act for the Department of Education after submission by the Department of a detailed proposal for such expenditures. Requires a guaranty agency to: (1) submit a specified application before obtaining an administrative cost allowance from such funds; (2) expend such allowance only for specified purposes; and (3) elect a payment rate on the basis of one of two specified formulas. Provides for ratable reductions of such allowances when total payments exceed a specified level. Directs the Secretary of Education to provide a detailed quarterly report of all such expenditures to specified congressional committee chairs. Requires such report to specifically identify all contracts entered into by the Department for services supporting the Federal Family Education Loan (FFEL) Program and the Federal Perkins Loan Program, as well as the current and projected costs of such contracts. Eliminates the transition to the Federal Direct Loan Program. (Sec. 4) Sets forth conditions under which: (1) Federal Perkins Loan borrowers can obtain FFEL consolidation loans; and (2) FFEL borrowers can obtain Federal direct consolidation loans. (Sec. 5) Revises provisions relating to reserve fund programs. (Sec. 6) Sets institutional default rate limitations on direct lending. (Sec. 7) Provides for applications for FFEL loans using the free Federal application form, which is already in use for other types of student aid. Allows such form to be in an electronic or any other format, subject to certain conditions, in order to facilitate use by borrowers and institutions. Provides for authorized guaranty agencies to receive such form. (Sec. 8) Amends the Congressional Budget Act to prescribe a formula for determining the cost of a direct loan on the basis of the net present value, at the time the direct loan is disbursed, of specified types of cash flows for the estimated life of the loan.

Student Loan Evaluation and Stabilization Act of 1995